The voters in four states have now had a chance to weigh in on Obamacare’s individual insurance purchase mandate. MO was first, and voted to outlaw the mandate in the Show Me State. Now, AZ and OK have overwhelmingly joined Big MO. From the story:
Voters in Oklahoma and Arizona resoundingly supported ballot initiatives to opt-out of the federal health reform law, while Colorado voters appeared headed to rejecting a similar measure. Strong support for the anti-health reform ballot initiatives, which push back against the health law’s mandated purchase of insurance, echoed a national swing in favor of the Republicans, who reclaimed the House and picked up at least a half dozen Senate seats Tuesday night. Oklahoma approved an opt-out ballot initiative by a 2-to-1 margin. Proposition 106 in Arizona gained 55 percent of the vote while Colorado’s Amendment 63 was trailing early Wednesday morning. Missouri voters approved a similar measure, Proposition C, with 71 percent support on a primary ballot in August.
Supporters of Obamacare correctly note that if the Supreme Court upholds the mandate, state laws to the contrary will fall. But, I believe that the odds are good the Supreme Court will rule that this part of Obamacare exceeds the constitutional authority of the federal government under the Commerce Clause. If so, Obamacare—if it has not already been fundamentally undermined legislatively—will collapse.
So, if the Supreme Court will ultimately decide, why bother with state laws? Two reasons: First, it permits states to have a stronger case in court if their laws outlaw what the Feds want to do. Second, as the old saying goes in lawyerland, the Supreme Court often follows the election returns. If that is true—and from what I have seen in my 35 or so years as a lawyer, there is a degree of validity to the maxim—the more states that outlaw the mandate, the easier it will be for the justices to overturn the law.
Three out of four states now voting the mandate down doesn’t hurt. And the more states that follow VA’s lead by legislating similarly, the better.
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