By Hans Bader
The U.S. Sixth Circuit Court of Appeals has upheld the individual mandate contained in the 2010 healthcare law by a 2-to-1 vote, claiming that Congress has the power to force individuals to buy health insurance under its authority to regulate interstate commerce.
I earlier explained why the individual mandate violates the Commerce Clause here at this link. In my amicus brief filed in another federal appeals court, I explained at pages 27-29 why the “cost-shifting” rationale for the individual mandate is meritless. Other provisions of Obamacare also violate the Constitution in other ways. I discuss how the healthcare law’s Medicaid Amendments violate the Tenth Amendment and exceed congressional power under the Spending Clause here at this link, and in a brief I filed on behalf of Minnesota and North Carolina legislators, which is available at this link. I discuss still other provisions of Obamacare that violate individuals’ constitutional rights here at this link (The U.S. Commission on Civil Rights raised concerns about the bill you can find discussed at this link.) The Sixth Circuit’s decision came in the case of Thomas More Law Center v. Barack Obama. Challenges to Obamacare remain pending in other federal appeals courts, like the Eleventh Circuit, Fourth Circuit, and D.C. Circuit.
Regardless of whether it is unconstitutional, Obamacare is also harmful to the economy, medical innovation, and the health care system. Earlier, I discussed some of its harmful effects on patients, employers, consumers, and the insurance market.