Mandated Health Insurance

There has been much controversy regarding the new health care reform being administered by the government. Those in need are looking upon the plan as their savior and others regard it as an albatross around their necks. Many people believe the government is getting too involved in areas that should be kept in the capital sector and consider it an invasion of their Constitutional rights.

In Michigan this mandate was just challenged and a judge ruled that the government is completely within the lines of the law. Of course, this is just one ruling in what will probably be a long battle for the Thomas More Law Center who is planning to take the case to the Supreme Court. The judge who ruled that this government action is constitutional sighted the section of the law that states that the U.S. Government has the right to regulate interstate commerce.

This wouldn't be the first case that used the commerce section of the law to allow the government to walk that fine line. In the case, Wickard vs. Filburn, farmers were penalized because they wanted to grow wheat for their personal consumption. It was once again used in Gonzales vs. Raich, when the court ruled that government could prohibit the growing of marijuana for personal consumption.

In the other cases, government prohibited an action from being taken but here would be the first time government if forcing the citizens to buy something. Some people are wondering whether the Supreme Court will rule the healthcare reform unconstitutional when the judicial system is part of the government itself.

Only time will tell whether this mandated program is unconstitutional and it will probably be tied up in the court system for a while. In the meantime, the American people will wait and see how the new reform will affect their personal situations and their pocketbooks. The new healthcare plan is to be implemented in stages so the impact may not be initially determined. If and when a ruling does come down from the courts, it will be interesting to see how its decision will impact the healthcare program.