The U.S. Appeals Court in Atlanta has already deemed the passing of this act as unconstitutional (Brent, 2011). It is a contested issue on which the Supreme Court is set to hear arguments in the coming weeks. Another appeals court in Virginia has stated that legally, this matter should be revisited when taxpayers are made to pay penalties, in the next three years (Savage, 2011). This brings into question the constitutionality of this act and the fact remains that there is far from universal agreement over this. An important argument raised by opponents is that the passing of this law would open way for unrestricted powers to the Federal government. It is argued that this mandate would be structured like a tax, hence making it legitimate for the Federal government to impose on us. Furthermore, that health insurance is a type of interstate commerce, is another argument cited by the law’s proponents ("Obamacare" 2010). However, this would set a landmark precedent which may become a threat to the liberties we cherish in this nation.
Cited: Brent, K. (2011, August 13). Health Overhaul Is Dealt Setback. Wall street journal. Retrieved from http://online.wsj.com/article/SB10001424053111904006104576504383685080762.html Graham, J. R. (February 2007). health policy prescriptions. Pacific Research Institute. Retrieved from http://www.pacificresearch.org/docLib/20070408_HPPv5n2_0207.pdf Gruber, J. (2011). The impacts of the affordable care act: How reasonable are the projections? National Bureau of Economic Research. Retrieved from http://www.nber.org/papers/w17168.pdf?new_window=1 Hilzenrath, D. S. (2009, October 4). Reform is no cure for insurer discrimination, health experts say. The Washington Post. Retrieved from http://www.washingtonpost.com/wp-dyn/content/article/2009/10/03/AR2009100302483.html Obamacare and the constitution. (2010, April 2). Wall street journal. Retrieved from http://online.wsj.com/article/SB10001424052748704896104575140063408610580.html Savage, D. (2011, September 08). Virginia court rejects two challenges to obama. The Los Angeles Times. Retrieved from http://articles.latimes.com/2011/sep/08/nation/la-na-heathcare-ruling-20110909 Uninsured billed unfairly. (2004, July 1). USA Today. Retrieved from http://www.usatoday.com/news/opinion/editorials/2004-07-01-our-view_x.htm Young, Q. (2009, September 10). Uninsured figures show mandate-based health reforms don 't work. “Physicians for a national health program. Retrieved from http://www.pnhp.org/news/2009/september/uninsured_figures_sh.php