Attorneys General Urge Ruling On Healthcare Mandate


The State Attorneys general from a handful of jurisdictions are asking the U.S. Supreme Court to rule in favor of mandated healthcare coverage in conjunction with health care reform. They want the court to finalize the mandate as being constitutional in anticipation of its official debut in 2014.


Many filings are coming into the Supreme Court for this case, with oral arguments in the proceedings set to begin sometime in March. The ruling of the court will have many implications for both States and individuals.



There have been numerous challenges to the constitutional veracity of the health care reform bill since spring of 2010. The PPACA, passed by the Obama administration and Congress, has been contentious since its inception.


The attorneys general for the states involved believe that the mandate should be considered as constitutional under a clause in the U.S. Constitution, which allows congress to step into matters of interstate commerce and regulate if required. It is noteworthy that the attorneys lobbying for the certification of the act are Democrats – members of the party in Congress responsible for the legislation’s original momentum.


It is within Congress’ power to regulate this industry, according to a representative of Iowa speaking on the matter of the reform. The health insurance and care industries make up nearly 20% of the nation’s economy. According to the involved attorneys, healthcare is a natural part of the commerce clause as it is written.


It is now up to the court to decide the fate of the case filed on behalf of the nearly 30 states arguing against the validity of the mandate. The opponents are comprised Republican attorneys, with the exception of one.


Several other states have filed in a “friend of the court” capacity. These include states from every region of the country and its territories.


In the absence of the individual mandate for health care coverage, analysts believe that the law will be gravely hobbled. In the event this happens, there will be an influx of unhealthy patients, whose medical treatment will need to be carried by the healthy.