States Push to Ban Insurance Mandate

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Sep 29th, 2009

States Push to Ban Health Insurance Mandate

The New York Times reports that legislators in more than a dozen statehouses across the country are pressing for state constitutional amendments that would outlaw the requirement that nearly everyone buy insurance or pay a penalty—a crucial element of the health care plans under discussion in Washington.

If approved, these measures “would set off a legal battle over the rights of states versus the reach of federal power — an issue that is, for some, central to the current health care debate but also one that has tentacles stretching into many other matters, including education and drug policy.”

“Opponents of the measures and some constitutional scholars say the proposals are mostly symbolic, intended to send a message of political protest, and have little chance of succeeding in court over the long run. But they acknowledge that the measures could create legal collisions that would be both expensive and cause delays to health care changes, and could be a rallying point for opponents in the increasingly tense debate.”

Read the full story here.

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