Regardless of what the U.S. Supreme Court decides about the constitutionality of President Obama’s mandate requiring Americans to buy health insurance or pay a penalty—or, for that matter, the other constitutional challenges to the Patient Protection and Affordable Care Act—Congress needs to repeal the law.
For years the left has tried to accomplish in the courts what it has been unable to accomplish in Congress or the state legislatures: force its big-government, nanny-state vision and values on the country, a process known as judicial activism. And the right has consistently and appropriately opposed those efforts—sometimes even successfully. Laws should be made by lawmakers.
However, were the Supreme Court to strike down ObamaCare’s individual mandate, and possibly other parts or all of the law, the left will point its collective finger and claim that the right is engaging in judicial activism. It wouldn’t be true; the role of the Supremes is to determine constitutionality. But when has accuracy ever stood in their way of an accusation?
A Court-sponsored demise of ObamaCare would likely hang over the country for years, much like Roe v. Wade does with respect to abortion, with the left claiming that the country really wanted and needed the legislation—even though polls have consistently said otherwise—and the people would have had it if it weren’t for the Court’s overreach.
That’s why ObamaCare must be repealed by Congress, ideally with at least a little bipartisan support, and replaced with reform legislation that really will increase access to health care, lower costs and improve quality.
Having the Supreme Court strike down part or all of it—and especially the insurance mandate—is important, but it isn’t sufficient. Congress needs to shut the door on this three-year Pandora’s box that the president and the Democratic leadership imposed on the American people.
March 27, 2012