Individual mandate question

[Clear Blue Sky]

Perhaps someone with some legal and/or constitutional knowledge can answer and explain.

I'm hearing from the right wingbats how the "individual mandate" to purchase insurance is unconstitutional and will be challenged in the courts. I've heard the legal folks come down on both sides of the constitutionality of this. Yet we are "mandated" to purchase auto insurance and that apparently has not been challenged. I've also heard that auto insurance is purchased for the privilege of driving and using roads paid for by the government.

As this is the new talking point, can someone explain and give us some good ammunition?

[LibDemAlways]

1. The auto insurance argument doesn't wash because no one is

forced to buy or lease a car. True, it can be very difficult managing without one, but not impossible. Having a body, on the other hand, is not a choice.

The courts will eventually weigh in on the mandate, and what the rulings will be, and how high up this goes is anybody's guess.

[rox63]

2. We have a health insurance mandate here is Mass

And I haven't heard of any challenges to the constitutionality of that yet.

[Make7]

3. Federal Insurance Contributions Act

People earning wages are already required to contribute to insurance programs through the FICA tax.
 

[HughMoran]

4. dunno, but it's not happening any time soon

Starting in 2014, most Americans will be required to buy health insurance or pay a penalty.

* The penalty will be phased in, starting at 1 percent of income in 2014, and rising to the maximum of $2,085 for a family in 2016.
* American Indians don’t have to buy insurance. Those with religious objections or a financial hardship can also avoid the requirement. And if you would pay more than 8 percent of your income for the cheapest available plan, you will not be penalized for failing to buy coverage.
* Those who are exempt, or under 30, can buy a policy that only pays for catastrophic medical costs. It must allow for three primary care visits a year as well.

[Berry Cool]

5. So there is no penalty for those who cannot afford it.

All you have to do is say (if challenged) "Look at how little I make. I can't do it." You're off the hook.

[PolNewf]

6. As I understand it

if your subsidized premiums would be over 8% of income you get a pass

[Clear Blue Sky]

7. Thanks for the comments.