Abbott: Why "Obamacare" is Unconstitutional
Texas Attorney General Greg Abbott says the reason is simple: Never before have Americans been mandated to buy a product for a specific reason.
Comment Policy
The Texas Tribune is pleased to provide the opportunity for you to share your observations about this story. We encourage lively debate on the issues of the day, but we ask that you refrain from using profanity or other offensive speech, engaging in personal attacks or name-calling, posting advertising, or wandering away from the topic at hand. To comment, you must be a registered user of the Tribune, and your user name will be displayed. Thanks for taking time to offer your thoughts.
Comments (28)
Kay VanHauen via Texas Tribune on Facebook
What about buying car insurance?
Cynthia Casper Robertson via Texas Tribune on Facebook
Abbott's a jerk and does little more than file frivolous lawsuits at the expense of the taxpayers. This will never stand up at the Supreme Court level. Besides, if you don't make people pay their way, then all they'll do is do what they do now . . . . go to the hospital and have the American public pay for their care and treatment because they lack insurance. At least if paying for insurance is mandatory perhaps some of the expense of healthcare will be alleviated from the taxpayers. This is little more than the ad nauseum posturing of the Republicans and Tea Party movement.
John Attebury via Texas Tribune on Facebook
Actually, the Founders at various times required the ownership of a gun & "insurance" for merchant seamen.
Anonymous User via Texas Tribune on Facebook
Well, that's a little different 'cos that's a state by state law, not federal. Social security, however? As much as I agree with the need for universal healthcare, I think he may be correct about the bill as written. if we had the guts, we would go all the way, and go for a national health system. Take health insurance away from jobs, do pay deductions like FICA. If SS is constitutional, then a similar system for healthcare should be too.
Zach Vaughn via Texas Tribune on Facebook
John, I can only assume you are referring to the 1798 act often cited, but it you read the act, it is a payroll tax for providing care and the building of hospitals, not a requirement for the purchase of insurance.
Trace Ordiway via Texas Tribune on Facebook
I don't get it. It's illegal to drive without car insurance, thereby, I am forced to buy it or suffer the consequences. Why is this any different? I must be missing something 'cause I don't understand the difference.
Susan Stella Floyd via Texas Tribune on Facebook
You don't have to buy car insurance. You have the option of not driving. Also, as others have pointed out, car insurance is a state mandate, not a federal one. I consider myself to be a far leftist, but Abbott is right on this one. Universal healthcare now.
Mark Wentlandt via Texas Tribune on Facebook
The cognitive dissonance is brewing here. Abbott asserts the mandate requiring people to purchase insurance from private companies is what's stuck in his craw, but those of his ilk also railed against a real public option. Is this not simply advocating the status quo? Further, if you remove the health insurance-job link, does that not remove a huge burden from businesses of all sizes while simultaneously providing healthcare to far more people? The longer this dog-&-pony show drags on, the less sense it makes.
Kathi Thomas via Texas Tribune on Facebook
Single payer Universal (Medicare for everyone) would certainly solve this "problem." Let's go!
What some people refuse to accept that is everyone does get healthcare in this country, we're just paying WAY too much for it. If someone can't afford insurance, they use the emergency rooms for doctor's office, clogging them up for real emergencies. We're paying for it at the local levels at a much higher rate than we should be paying. True universal Medicare for all would stop that.
Melanie Barker Harvey via Texas Tribune on Facebook
@ Susan, which makes it more important for everyone to have healthcare since you don't have the option of getting sick or not and the rest of have to make up the difference.
Susan Stella Floyd via Texas Tribune on Facebook
@Melanie, I totally agree. I lived in the UK for four years, and would trade my "Cadillac plan" (I am a state employee, until they cut my job in the next few months) for the NHS in a HEARTBEAT.
Bob Brown via Texas Tribune on Facebook
What is the difference between this and the draft? I didn't have a legal choice of not enrolling in the draft.
Mac Mcclure via Texas Tribune on Facebook
When I was a kid you would go to the Doctor and write a check for the cost of the visit. No insurance forms, no copays, no HMO, just pay the Doctor for his service and the cost was very reasonable. Then the lawyers, the government and insurance companies got involved. I too would like to have single payer but no the kind being suggested. The single payer would be the person who received the Doctor's service and get everyone else out of the equation.
Patrice Schexnayder via Texas Tribune on Facebook
All these years I've been buying other insurance, thinking it was required. Especially auto liability, to get a car tag. What did I miss? (not really)
Ed Covington via Texas Tribune on Facebook
go for it Abbot...when your done go by and provide the idiot governor with a case of chapstick, because if the Federal government cannot require me to purchase health insurance, he can kiss my hiney if he thinks the state of Texas can force me to buy auto insurance. and his mercedes will be the first one i sideswipe...
George T. Contreras via Texas Tribune on Facebook
I am just glad the Tx Repubs have won tort reform in the state of Texas, they have been able to keep quality doctors in state (NOT), keep MD insurance low and affordable (NOT), and they have been able to keep healthcare costs low and affordable (NOT). The Tx Repubs have had a long list of wins for the ppl of Tx, this no doubt is another victory for the healthcare consumer.
Chris Payne via Texas Tribune on Facebook
This man is a protector of polluters and a shiller for Big Business and rich golf bags. How repulsive it is to know that he has spent all this time, energy and taxpayer funds on this misguided (un)holy crusade.
Bill Bush via Texas Tribune on Facebook
Um, auto insurance?
Kate Meehan via Texas Tribune on Facebook
Except for the mandatory health insurance Perry passed for Texas children.
Anonymous User via Texas Tribune on Facebook
The thing I really like about the UK system is that you are free to buy private medical care if you so choose, or to buy insurance for private care. Everybody, however, gets NHS.
Bill Bush via Texas Tribune on Facebook
I'm unimpressed with the state vs federal distinction in re car vs health insurance. The effect is exactly the same. And the "you don't have to drive" argument fails in sprawl-addicted Texas also. I also would rather see a national healthcare system but those who think inflicting more pain now will magically lead to a new consensus for NHS are not being realistic.
Anna Ha Tran via Texas Tribune on Facebook
Remember the individual mandate was a Republican idea from 80's. Bunch of hypocrites.
Monica Pinon via Texas Tribune on Facebook
(@Ed Actually, the general drives a cadillac.) :)
Dale Curry
Just so that I am clear. Our Attorney General is USING our money to file frivolous lawsuits out of his desire to STOP healthcare reform. At the same time he would defend as constitutional the state's right to require automobile insurance. This is GOP hypocrisy at it's finest. Does this mean in abbot, we have an AG more intersted in serving GOP dogma than the interest of the people of Texas. How pathetic. The wind outside must be coming from Jim Maddox turning over in his grave.
Forget about the citizen's, he is the GOP's attorney.
texascinzia
Wow, Abbott is so wrong! The government of Texas mandates that each car driver purchase auto insurance. Even if someone doesn't own a car, but drives someone elses, he has to buy auto insurance. TEXAS REQUIRES IT! And, I'm required to buy flood insurance because I live in a flood plain. At times, I've been required to have mortgage insurance. Isn't a person's good health as valuable as a car or a house? I'm having real problems with this argument!
Michael Ferraro
Other than Abbott's flagrant and dumb omission of auto liability insurance, no one has to buy health insurance. Just don't buy it and risk the consequences, just like car insurance. And so what if auto is state and health is federal? If states can do it, surely the feds can.
Hilmar Moore via Texas Tribune on Facebook
Oh, I don't know. The government mandates that I buy car insurance.
Annika Vatsa
http://www.projecthope.org/news-blogs/press-releases/project-hope-joins-the-living.html
With that many people especially in Texas suffering from chronic disease I find it irresposible to oppose much needed health care reform ensuring everyone can get insured!