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The Obama campaign has been putting out the word that the administration patterned Obamacare on Romneycare, obviously seeing that linkage as Romney's Achilles heel with conservatives and independents. But what happens to that issue if the Supreme Court finds Obamacare unconstitutional because of the insurance mandate? Does that render moot the whole issue? And if so, who is most helped, Obama or Romney (assuming that Romney is the Republican nominee), if the issue is taken off the table?
My sense is that Obama is praying that the Court nullifies his signature initiative because it is indefensible. He can then blame the conservative members of the Court for 30 million people being without health insurance. Romney may breathe a sigh of relief, as well, but his position, convoluted as it is, is easier to defend than Obama's. Your thoughts?
The Obama campaign has been putting out the word that the administration patterned Obamacare on Romneycare, obviously seeing that linkage as Romney's Achilles heel with conservatives and independents. But what happens to that issue if the Supreme Court finds Obamacare unconstitutional because of the insurance mandate? Does that render moot the whole issue? And if so, who is most helped, Obama or Romney (assuming that Romney is the Republican nominee), if the issue is taken off the table?
My sense is that Obama is praying that the Court nullifies his signature initiative because it is indefensible. He can then blame the conservative members of the Court for 30 million people being without health insurance. Romney may breathe a sigh of relief, as well, but his position, convoluted as it is, is easier to defend than Obama's. Your thoughts?
The idea for the mandate (and the health care plan) came from the Heritage foundation, and was backed at the time by Newt. The Obama plan is really close to Romney's plan that he implemented in MA. They're not putting out the word--that's the truth. I think the strategy by the D's was to put in place a plan that the R's would have a hard time fighting, because the R's proposed the exact same plan as an alternative to Hilary's health care plan during the Clinton administration.
I don't know what the court is going to do about the mandate--lots of attorney's I've talked to say that knocking it down would set a dangerous precedence with the commerce clause, and would nullify a bunch of other standing supreme court decisions that a good part of law and other court decisions are built on. I'm not an attorney, and I know diddly about case law, so I have no clue.
I don't see how this can help Romney either way. He's linked to the law now, like it or not, including the mandate. If they kick it out, Romney had and enforced the mandate in MA. If they don't, we have health care reform with a mandate, and Romney has a hard time fighting against it because he did the same thing.
It hasn't been much of a campaign issue yet, because the other candidates are busy fighting among themselves trying to take the #2 slot. (Cain is up now, but it can't last, and Romney will be the nominee). When we have a clear second, Romney will start taking more heat, and the D's will throw everything they have at him in the general.
Why have a Constitution if the Congress can do whatever the hell it wants under the guise of the Commerce Clause, and courts can say nothing?
Is that separation of powers?
Congress passes laws, and it's the job of the Supreme Court to determine if they're constitutional. That's why it's being appealed to the Supreme Court. They're following the appropriate process. I'm guessing (I don't know) that no one challenged the constitutionality of the mandate when it was part of the MA health plan under Romney (I have no idea what they have there now--could still be in place). It only became an issue with the R's when the national health care reform plan was passed. The Supreme Court doesn't consider cases unless someone files a law suit to begin with, and it passes on up through the lower courts to them.
Congress passes laws, and it's the job of the Supreme Court to determine if they're constitutional. That's why it's being appealed to the Supreme Court. They're following the appropriate process. I'm guessing (I don't know) that no one challenged the constitutionality of the mandate when it was part of the MA health plan under Romney (I have no idea what they have there now--could still be in place). It only became an issue with the R's when the national health care reform plan was passed. The Supreme Court doesn't consider cases unless someone files a law suit to begin with, and it passes on up through the lower courts to them.
The MA mandate doesn't affect other states, hence isn't under the umbrella of the commerce clause.
It sure doesn't help Obama since Romney has pledged to repeal it on DAY ONE with a 50 state waiver until the Congress finishes it off.
I'm not a big fan of Romney or Obama, so I'm not picking a side to argue. I'm just saying that Romney can pledge to have it repealed, but it doesn't help his "flip flop" image that he bragged about how successful it was when he was governor, and now he wants it repealed. If it was just this issue it might not hurt, but it's a pattern, and I'm betting the D's are going to make it a very, very big deal in the general.
That being said, Romney is a big government technocrat who can't be trusted.
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