Concerning the Health Insurance Mandate, I just don't see it happening

[ThomWV]

When the 'final' health care reform bill passes through Congress and is signed by the President it will probably mandate the purchase of insurance by everyone. There can be no doubt the "mandate" provision(s) will be in front of the Court long before it or they go into effect. Considering the makeup of the current Court, what might better be called the Scalia Court than the Roberts Court, I just don't see much chance of the mandate surviving. It will be up to Kennedy of course.

Thoughts?

[havocmom]

1. Oh, I can see THIS court going for giving insurance companies millions more clients

while not having to deal with pesky competition. Tight vote, but the corporate puppets on that bench don't give me much to be hopeful about.

[truedelphi]

7. Yep what you are saying rings very true.

We have Corporate Lackeys at every step of the way, so it doesn't matter one whit about the so called "separation of Powers."

If all of those separated powers are owned by the Elite, nothing will ever stop the Elite.

[FiveGoodMen]

2. I would think just the opposite.

We have a court so friendly to corporations that it thinks they're people.

Why wouldn't they rule in favor of their BFFs?

[ThomWV]

5. But think of Heller - where they affirmed Individual Rights.

There is a strong pull on this Court to think of themselves as colonial men, men of the frontier, owing and accountable to few men and little of society.

[derby378]

6. Well...

I look at it this way: without the consent of individuals, you don't even have society to begin with. Unless you want to resort to autocracy, of course.

[JVS]

11. This is not that different from the court that decided that eminent domain could be used for...

private companies. I'm not saying that your view is impossible (given our luck they would find the mandate unconstitutional along with FICA), but I could also see them being for the mandate.

[bluestateguy]

3. I sort of agree

Not because of the Court but because I am not convinced that the mandate will be enforced with any real vigor.

[derby378]

4. I have yet to see any Democrat demonstrate where the mandate is Constitutional

Not even Rachel Maddow seems willing to tackle this thorny question.

I can see where the mandate would be tolerable if a public option were available, but otherwise it's destined for "epic fail" in front of SCOTUS.

[ipaint]

8. If it's not the supreme court that brings down the mandate it will

be the sheer weight of the huge inadequacies in the half assed bill. Ins. companies are the problem. This bill just cements them into place. Massive fail. I give it about 3 years of constant attacks both by those on the left and middle who realize they can't afford to pay for nothing and those on the right who will fight anything no matter how bad or good it is. I also think the ins. co's will do the same as the credit card companies and horrify everyone by increasing cost and abuse before the regulations can kick in, if they ever do.

I'm looking forward to a real boost to the underground cash economy in order for folks to keep claimed income to a minimum, not necessarily to cheat the system out of taxes but because people won't be able to afford their portion of premiums. Especially since care will be out of reach because of co-pays and deductibles. They'll be forced to tithe to the ins. gods for air, basically. I don't know anyone who can afford that.

There will also be a lot of folks like me who will keep their incomes under the cut-off for medicaid. I won't pay what I consider to be mass murderers a cent. I'm an average uninsured 53 year old working class woman, I've got lots of company in that respect. The median income for a woman in this country is a bit over $34,000. Half make less. There is nothing left to squeeze out of them.

What a nightmare this is going to be for people in the lower classes. The demand for medicaid is going to be enormous. 30% of doctors don't take it and 40% of specialists. Should be interesting.

[tazkcmo]

9. Me too

Except I'm a man, 47. Don't know the median income, just mine which is below 20k. I will not send anything to these bastards. Hopefully they'll throw me in jail so I can get health care.

edited to add the word "know".

[ipaint]

12. The median is about 10,000 over that for a woman.

Doesn't make much difference if your way under the halfway point. Also the unemployment rate for folks making 25,000 and below is 30%. We are in a severe depression. People in the lower working class can't afford this.

The comfortable middle class has always lived in their own little dream world complete with their delusion they call the american dream. Most don't have a clue which is why you see the well off on the left- tv people, top bloggers, journalists and so called progressive politicians, signing off on this bill. These are the same people who allowed the ins. companies to kill of 2 million lower working class people over two decades without a peep of protest and then started crying bloody murder because the ins. cos decided to start nipping at their pampered heels.

I don't expect them to have my lower working class best interests at heart. That is not something the comfortable middle class is capable of in any real numbers. The only people I have seen consistently take people like us into consideration is the doctors at pnhp.org. and they advocate for single payer.

Oh and wait until the repubs start hacking away at the subsidy amounts. Ha! the end.

[Johonny]

10. wouldn't they have already struck down the Mass law?

I'm not sure they will touch this. I still don't see the mandate as very enforceable or very cost effective to enforce.

[customerserviceguy]

13. The Supreme Court

has been absolutely OK with a lot of things that Congress mandates. Why are you so convinced that this won't be a unanimous decision (if it ever comes to that) in favor of letting Congress and the President mandate universal coverage (or fine in lieu of it)?