The federal district court in Pensacola, FL ruled today the entire ObamaCare bill is unconstitutional. The case was brought by 26 states and the major group representing small business.
Their plead had two parts: 1) The mandate to require purchase of medical insurance exceeds the federal government’s authority under the Commerce Clause or the Necessary and Proper Clause of the US Constitition; and 2) The imposition of additional Medicaid costs upon the states violates the 10th Amedment to the Constitution.
The court ruled against the second pleading, as – impractical as it may be – the states could refuse to participate in Medicaid. Actually, in reaction to the increasing costs of Medicaid, many states are already, instead, paring back on Medicaid benefits they themselves have added onto the base required by the federal government.
The judge, however, did rule that the mandate is inextricably wound up with the complex interdependencies of ObamaCare and cannot be severed. Thus, the entire ObamaCare is ruled unconstitutional. (See my earlier post about the Virginia federal district court ruling that the mandate is unconstitutional but can be severed, and the rest of ObamaCare stand.) But, pending appeals, the Florida judge will allow ObamaCare to stay in effect.
The Republican leader in the US Senate, Mitch McConnell – an able practitioner of Senate rules – says he will use the Senate Rule 14 to force a vote in the Senate on the repeal bill passed by an overwhelming majority of the House. It would be a surprise if he can muster 60-votes, but it will force the Democrat Senators to each be on record.
The US Supreme Court is unlikely to rule for another year or two. In the meantime, however, the Obama administration will continue to issue regulations, and the insurance markets will continue to comply and adjust, making it more difficult to excise ObamaCare’s effects.
Some Democrat Senators are floating ideas to neutralize the mandate issue by other means of impelling purchase of medical insurance. Why didn’t they float and support these last year, one may ask. It will take more than these ideas to right what’s wrong with ObamaCare. I floated some in my Op-Ed in the San Diego Union-Tribune ("No GOP Ideas? Try These 10") last year during the Congressional debates. Surely the Republicans in the House and Senate can even do better than I. They better. Reform is needed in some areas, and the better ideas wouldn’t throw out the baby with the washwater as the Democrats did in federalizing control of virtually all aspects of our medical care by throwing out free choice and the freer market.
