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States May Pass Laws to Stop Health Insurance Mandate


(Image: Mr. T in DC under CC 3.0)

Healthcare reform is a very controversial issue. Many people are opposed to the tactics and approach being used by Democrats. One of the main points of contention is the inclusion of a mandate, which requires all individuals over a certain income level to buy health insurance. While supporters consider it a necessary evil in order to expand affordable health coverage to all (since consumers would no longer be able to take advantage of the system by waiting to buy coverage until they get sick, health insurance companies would have no choice but to approve people with pre-existing conditions), Republicans consider it an infringement upon states’ rights.

Several state legislatures have fought back against that provision. Virginia is planning to pass a law that would allow the state to opt out of the individual mandate, by not allowing any entity to require its citizens to buy health insurance. Florida is among the other 32 states–mostly Republican-led–that have considered such a measure, whether through the state government or public referendums.

These laws are likely to cause the issue to reach the Supreme Court. President Obama, who specialized in constitutional law himself, has dismissed concerns that the mandate may be unconstitutional. However, some conservative legal scholars believe that the purchase of an individual health insurance plan does not qualify as interstate commerce that the federal government can regulate.

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