If the Individual Mandate Is Struck Down by the Court … What Happens?

The core of Obamacare is obviously the requirement that everyone have health insurance. It is likely, given the nature of Justice Kennedy’s and Roberts’ questioning of the government attorneys defending the mandate, that it will be overturned by the Supreme Court.

But we all must remember that there are other parts of Obamacare that are equally — if not more – horrible but are likely to survive judicial scrutiny.

In Wednesday’s lunch alert video, I discussed one of these — the Medicare Payment Advisory Commission — which sets up the basis for national rationing of senior medical care based on the number of “quality life years” remaining for each person. If the commission decides the treatment that would save your life is too costly given your age and general health, you’re out of luck.

Unfortunately, the court is not likely to strike this down, since it is well within the scope of what the government can do in its administration of Medicare. So getting a repeal through Congress is our only chance.

If you haven’t done so already, please sign a petition to your senators and congressman to repeal the commission. The House has done so already, but its pending in the Senate. (Even if Obama vetoes the repealer, it will send shock waves through the nation if the Senate repeals it. And with so many Senators facing re-election, it just might do so.)

Then there’s the biggest cost of Obamacare, the expansion of Medicare to more than 35 million new people. Right now, states can decide who to cover. Texas, for example, covers people up to 25 percent of the poverty level. Florida covers up to 75 percent. The Obamacare law requires that every state cover up to 133 percent — or about $25,000 to $30,000 a year in income depending on their family size. That would probably force taxes way up in every state and might lead to the imposition of an income tax in states such as Florida and Texas that don’t have one now.

Congress has an undisputed power to tax and to regulate Medicaid, so the Court won’t throw that one out, either.

To stop these two terrible features of Obamacare, we have to get rid of Obama and elect a Republican Senate. The Supreme Court may well do us a favor on the individual mandate, but we’ve got to save ourselves on the rest.

On Wednesday night, O’Reilly asked me what the impact of a court decision striking down the individual mandate would be. I said it would be “lethal.” Here we have a president who has two major legislative accomplishments: the Stimulus Package and the Individual Mandate. One didn’t work, and the other is illegal! Quite a record to run on.

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