NASE Blogs

Are Individual Mandates Constitutional?

Thursday, August 18, 2011

Posted by Sung Yoo – Last Friday, the U.S. Court of Appeals for the 11th Circuit ruled the individual mandate provision of the Affordable Care Act (ACA) unconstitutional, while overturning a ruling in the Northern District of Florida that threw out the entire bill. This ruling follows another previous federal appeals court that held the mandate constitutional. Now, due to contradictory rulings, the Supreme Court is likely to take on the case.

Congressional Twitter accounts erupted with split opinions following the announcement. House Minority Leader Nancy Pelosi (D-Calif.), wrote, “I’m confident Affordable Care Act will ultimately be upheld.”

Meanwhile, many Republicans expressed elation. “Today’s ruling brings us one step closer to the inevitable demise of the law,” wrote House Speaker John Boehner (R-Ohio). The House Committee on Small Business GOP Twitter account handled by Chairman Sam Graves (R-Mo.), said, “Not only is ObamaCare bad for 4 businesses, the appeals court rules it unconstitutional.”

The NASE’s health reform priorities can be found here. The NASE does not support the mandating of health coverage at this time, as it would be harmful in this current economic climate. However, such a mandate may be more workable in the future for the self-employed if paired with a meaningful subsidy such as a health tax credit to help with affordability.

At the NASE, we would love to hear what you think about the ongoing constitutional debates on the individual mandate provision. Please feel free to leave a comment below, or find us on Twitter and Facebook.


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