The mandate is the linchpin that keeps government health care in force. It’s clearly unconstitutional for the federal government to exceed it’s enumerated powers. Furthermore, not buying health insurance cannot be considered commercial activity and thus not subjected to twisted interpretations of the commerce clause. We must get the Senate to do a judicial review by the supreme court of this horrible legislation.
The Dims MUST declare this health care legislation as a TAX for it to have a chance to pass constitutional muster. Even the person paid the tax, he could still refuse to accept the government benefit. I suspect that the Dims will not be willing to call this a tax because it will have to be applied to those making less than 250K and thus politically toxic.
If such a mandate did pass, I wonder if there would be any ways of hastening a supreme court decision. If the mandate to buy insurance was declared unconstitutional the whole plan would fall apart. Meanwhile, insurance premiums would be so high (more government insurance mandates) that most people would be forced to go without insurance. I wonder if it would technically be possible to purchase health insurance in another country for catastrophic coverage of US citizens in the US?