Striking down the individual mandate leaves only one of two options: adopt a system in which government pays for health care, or do nothing.
Mar 30, 2012
The solution of any geometric problem begins with an assumption, and the assumption in this week’s political geometry is that the Supreme Court will overturn the Affordable Care Act that first opponents, then the rest of us, have come to call Obamacare. This may or may not come to pass. Judicial history is rife with Supreme Court oral arguments that seem to go one way only for the decision to go another. The great irony of Obamacare, of course, is that its most controversial provision, and the thing about it that has rallied conservatives against it, was itself a conservative article of faith for the past two decades right up to the moment that Barack Obama embraced it; and the thing about it that has rallied conservatives against it is the notion—originally advanced as a response to Clintoncare by the right-wing Heritage Foundation and then championed until as recently as three years ago by Republicans, including former Massachusetts governor Mitt Romney and former speaker Newt Gingrich—that the government could and should compel individuals to take responsibility for buying their own health insurance. The right liked this idea precisely because it put the financial onus of health care on individuals rather than where President Bill Clinton believed it belonged: on the businesses that employ individuals.