Congresss Worst Nightmare: Obamacare May Be Unconstitutional
Originally published in Forbes Wed. December 19, 2018
Odds are against it. Still, it might happen. Stock prices for hospitals and health insurance companies fell on Mondayshowing the market is worried.
Here is the fear. The Supreme Court mightjust mightagree with a federal district judge in Texas and find that Obamacarenot just part of Obamacare but all of Obamacareis unconstitutional.
What would that mean? Congress would be under immense pressure to deal with a problem neither party has been willing to seriously confront for the past eight years: how to replace or at least repair Obamacare.
On the one hand, if Obamacare vanished a lot of terrible problems would potentially go away:
- Premiums in the individual market are twice as high as they were only five years ago and in some states they have tripled.
- Out-of-pocket exposure for the most popular plans this year averaged $4,000, more than twice the level of a typical employer plan; and for some families the deductible is as high as $14,700.
John C. Goodman is a Senior Fellow at the Independent Institute and President of the Goodman Institute for Public Policy Research.
Constitutional LawContemporary PoliticsEntitlements and WelfareFederal Budget PolicyGovernment and PoliticsHealth and HealthcareHealth InsuranceHealth Savings AccountsLaw and LibertyMedicare and MedicaidMedicare, Medicaid, and ObamacareTaxes and BudgetUniversal Healthcare
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