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Repeal of Individual Mandate Was Obama’s Plan All Along

From the diaries by Leon…

With news that a federal judge in Florida has declared the entirety of Obamacare to be unconstitutional, the left has reacted with predictable outrage. Cries of “activism” have echoed throughout the editorial pages, news networks, and university halls, and just about everywhere else liberals dominate. But while Democrats express their near uniform consternation, there is one notable leftist who is hoping for at least a partial repeal of Obamacare, and that would be President Obama himself. Ironically, the section he wishes to be repealed is the section his justice department argued in federal court to be the most important: the individual mandate, which forces every American to buy health insurance. The President wants it repealed because only it stands between him and his dream of a single payer system.

To understand how and why, one must first understand the purpose of the individual mandate. In short, it forces younger, healthier people to buy insurance, even though in most cases that would be more expensive for them than simply paying out of pocket. The insurance company, after all, is simply a middleman, and it is always less expensive to pay for something directly than to pay a middleman.

But Obamacare forces those healthier people to buy health insurance they don’t need specifically because these people will pay far more in premiums than they will collect in benefits. This creates a large surplus of money for the insurance companies. This is needed to offset the losses the insurance companies will suffer by Obamacare’s requirement that the insurance companies offer policies to people with preexisting medical conditions (i.e., people who are already unhealthy) at the same price as policies for everyone else. This price parity is required even though the unhealthy class uses far more resources, meaning that the unhealthy people will pay much less in premiums than they will collect in benefits.

This, effectively, converts the insurance companies into charities. The result is that the insurance companies are left with no choice but to increase the rates for everyone else, in order to cover the losses they will sustain due to the new enrollees who are not paying nearly as much as they take out. So, the healthier members of the insurance pool are forced to pay not only for their own medical care, but also to partially subsidize the care of the new, unhealthy members of the group.

When this was tried in New York in the early nineties without an individual mandate, the healthier people already in the insurance pool soon figured out that it was less expensive simply to pay for their medical care out of pocket rather than pay the insurance companies’ increased rates, and they opted out of their plans. This meant there were less healthy people left in the insurance pool to subsidize the sicker members, so rates had to be raised even more on the remaining members. When the rates continued to increase, more people dropped out, resulting in more rate increases, etc., etc., etc., thereby placing the insurance companies spiraling down a one way street to bankruptcy.

The individual mandate in Obamacare exists to solve this problem, forcing people to buy in and stay in, whether they like it or not, not for their own benefit really, but because their premium payments are necessary to subsidize the charity cases. Effectively, it’s a government imposed tax, with private insurance companies being conscripted to act both as the IRS and as entitlement programs. Obama didn’t need to win a public option, he simply turned the insurance companies into the public option.

But that was never Obama’s endgame. Prior to becoming president, Obama made it clear that his goal was to establish a single payer system where the government would have an absolute monopoly on healthcare (as though a monopoly ever benefits the consumer). On June 30, 2003, speaking to an AFL-CIO Conference, he said “I happen to be a proponent of single payer universal health care plans. . . A single payer health care plan, a universal health care plan. And that’s what I’d like to see. But as all of you know, we may not get there immediately.” Then, in a 2007 interview with the Service Employees International Union, he stated: “I don’t think we’re going to be able to eliminate employer coverage immediately. There’s going to be potentially some transition process, I can envision in a decade out, or fifteen years out, or twenty years out.”

Obama, however, was being pessimistic. Again, as the bill is currently composed, only the individual mandate stands between Obama and his goal of destroying the private insurance companies. The mandate was never his idea in the first place (in the Democrat primaries, Hillary Clinton favored it, Obama explicitly did not), and it was only included in the final bill because Congress would not support Obamacare otherwise. They, apparently, were not as eager as the President to bankrupt an entire industry, and along with it, one seventh of the American economy.

But the Supreme Court may just do Obama the favor that Congress would not. Two federal courts have already ruled the individual mandate unconstitutional, saying Congress has no authority to force Americans to buy anything. But unlike the Florida court, which voided the entire bill, a federal judge in Virginia ruled that while the individual mandate was unconstitutional and must be stricken, the remainder of the bill could be preserved. Given the ideological divide on the present Supreme Court — four conservatives, four liberals, and one moderate — it seems very possible, if not entirely likely, that this would be just the sort of compromise that the nine justices would reach.

If so, it would be the exact result that the President is hoping for, and when one considers that Obama is a former professor of constitutional law, it is hard to believe he did not plan it this way all along. It may well be that the only miscalculation he made was how long it would all take to come to fruition. Indeed, if the Supreme Court accommodates him, a single payer government monopoly will result much sooner than Obama’s fifteen to twenty year projection.

Buyer beware.

By Jordan B. Rickards

www.RickardsReview.com

COMMENTS

  • Brian_Roastbeef

    if he did plan it this way, but I am still 100% in favor of being rid of the individual mandate along with the entire rest of that piece of junk. If SCOTUS opts to undo only the mandate on Constitutional grounds, then (while not optimal) that is still good – it means we have a Supreme Court that is willing to protect the populace from being told how to spend their money by an overreaching government. It also means that a conservative Congress will have to take up the mantle of being rid of the rest of it and implementing intelligent market based reforms after 2012.

    • gekster

      It all goes or it all stays.
      At least thats what been said.

      • Raven

        Is that a lack of a severability clause merely leaves it up to the judge’s decision one way or the other.

  • IJB

    …Just like Vinson’s ruling did.

    If that happens – the entire bill getting thrown out – then the Dems will have shown to be too cute by half.

    Couldn’t happen to a more deserving crew…

    • The_Gadfly

      has been willing to ignore the clear intent of the Constitution in decisions such as Kelso, and its EPA CO2 ruling, it also isn’t clear that it WILL throw out the entire bill either.

    • runner12

      While this diary presents an interesting scenario ( one we need to keep any eye on), I am not sure that it is entirely accurate.
      First of all, I think the lack of severability clause was a completent accident by the Dems and the Left. Look at all they have tried to “fix” after the fact. They are bunch of bumbling baffoons who only care about power and promoting their agenda.
      That does not prevent them from maybe trying to put in place a single-payer system if they lose the individual mandate, but that will be very hard to do. They would not just be able to simply transform ObamaCare into single-payer without legislation and that would be higly unlilkely given we have a Republucan House.

      Also, they may not want to go there so close to 2012. If you thought Obummer’s numbers were low when they crammed through ObamaCare, they will be in the toilet if they go for single payer. The number protesting single-payer would pale in comparison to Obummer-Care.

  • Menlo

    It’s not really a tough sell. I don’t see many people refusing to buy, especially given the subsidies. Considering the income caps, I can’t imagine the percentage who do would shrink beyond what it is now.

    Regardless, companies like Blue Cross Blue Shield are “too big to fail.” If they do have any problems, I don’t doubt Congress will be quick to bail them out just as it was with the banks and GM. In that type of crisis, I don’t expect them to come up with a whole new system but to scramble for a quick fix.

    • Scope

      insurance companies going bust, everyone shifted over to another one, and eventually there would be only one big huge insurance company, much like GE. Obama would remove competition, and then run the one left. They would be nothing more than a processing company under his thumb.

      • The_Gadfly

        originally intended. Its just that nobody in the LSM wants to label it as such because the progressives misappropriated the term to refer to National Socialism after Hitler overthrew the fascist regime in Italy.

      • uselogic

        No doubt he and his handlers will remove the competition. That’s how the Won got elected his first two tries. Actually it might be three… depending on whether you believe McCain was really competition.

        • LeaveMeAlone

          …Judge Vinson’s ruling, repeal efforts from HOR and Senate Republicans, and a majority of public sentiment against Obamacare with a major election season just getting underway. All in our favor.

          I have a question regarding one of the other factors involved. What about the waivers given to favored constituent groups? Now even the states are requesting waivers. Is there not a 14th amendment equal protection argument to be made if waivers are not made universally available, and wouldn’t this availability, in a practical sense, pretty much nullify the law’s enforceability?

          I don’t have any idea, and that’s why I ask. Anybody here have insight on this?

      • Menlo

        I don’t see any significant competition now, nor did I pre-2010. Even where there is, it’s not much, and there is nothing much to distinguish the corporations. It’s actually largely a natural monopoly. The same would hold true with or without the act.

        Obama won’t be in office when most of the effects are realized, so he (actually Kathleen Sebelius) won’t have control for long. However, big insurance companies love big government. If the Democrats wanted to control it at the federal level, they would have removed state regulation of health insurance, and they would not have the support of the health insurance oligopoly.

  • jackhammer

    you state “it is always less expensive to pay for something directly than to pay a middleman.”

    This is wholely and absurdly untrue. Privatisation, specialisation, scale and scope and a profit moptive on the amrgin easily nullify this assumption.

    Middle men really have a bad rep, when they can also be called aggregators, industry experts or any other sort of thing.

    And in so many industries someone who is able to exploit opportunities is able to turn a profit while still offering a better deal than if people go it alone….

    Conceiveably we could all buy Tide cheaper by going to the pharmacy and buying the ingredients, or by going to Procter and Gamble directly, but somehow it is actualyl a lot cheaper to go to Walmart….same could be said of the “middle mann” that is the grocery store.

    Government mandates that often bar insurance companies from even offering the sort of insurance that healthy young people would want is a key inhibator of adoption…..saying to young healthy people, here is a $50/month policy that only covers everything above $10k a year and everythign below is out of pocket, should be an easy sell…easier than an iphone, and we see how well that sells to this crowd who supposedly have no money and no future…

    Take away all state mandates, allow a cross country free for all, with stringent oversight on the bookkeeping and benefits payments of the companies if you want…then put in an amnesty period, a time when everyone can choose to be “in or out”…..if you are in, you can’t be booted out if you get sick (you can’t change your coverage type either after you are sick)…just make that the rule….not go diving in people’s past, or loophole searching or other distasteful lawyeresque stuff……and those who are out, well if they get sick, tough luck, it was their choice…..

    And kids are on their parents plan until they are 18, then they can choose their own (if their parents foot the bill, fine) and no insurance company can kick anyone out who has shown a more than 5 years of continual coverage….so any 18 year old with lupus can buy normally priced insurance with the same company their parents were insured under….that is the risk the insurance company assumes in signing up a family….you take the premiums, you have a responsibility.

    That is what is fair, and would lead to a to a system with decent cost accounting….people who buy well targetted and well marketed insurance, and possibly for a large number a nice high deductible plan which leads to a hell of a lot more price transparency in healthcare pricing…

    I mean food is a lot more important to our general sustenance than healthcare, yet we allow food to be one of the most free market type activities on the planet, with free markets being involved all the way from planting the seed through to delivery and distribution….if it works with food, why not with healthcare?

    • jeffreywturner

      The individual mandate was always just a farce to give the illusion that the bill would be revenue neutral.

    • The_Gadfly

      And that is what insurance companies explicitly are. You buy insurance because the risk of any one individual encountering the exceptional event is small. By having a pool much larger than the chance of the event, each individual is protected from the event and the arbitragers still make money. It’s an expected small loss to offset a potential catastrophic loss.

      I also take exception to your use of food as a counter example. Having been involved in only a very small way for some years in the regulations involved in getting food to your table, I can tell you that food has gone through the full cycle of government treatment: regulated to the point it was unprofitable, then subsidized to keep it going. For about four years I was the guy typsetting the manual of methods from an approved npo that was used to meet the government regs including the section on how many parts of a cockroach could be included per volume of dry food stuffs.

      • jackhammer

        but selling insurance is not just a middleman….all insurance works on risk mitigation plus premium. Cutting out the middleman would not make it any cheaper..the middle man is the entrepreneur, even when a company. If the current insurance companies try to curry favour from government to bar competition, that is somethign different. But an insurance company is definitely offering a service that the people who buy it consider a worthwile expenditure, and as a private company, once they have scale and scope, probably do it for cheaper than if you didn’t have them involved.

        And I don’t remember what supermarkets or trucking companies have been subsidized.

  • mkozikowski

    If the mandate is repealed, the whole bill is trashed.
    There is no way to separate one from the whole.

    So HE loses altogether. And a new bill, hopefully much smaller that eliminates any Government activity will take it’s place.

    • lucretius

      The courts can still sever the mandate even if there is no severability clause. It just makes it harder to do.

  • KC

    The Republican attacks on the merits of Obamacare – while valid and accurate – are not gaining traction with the public to the extent necessary to bring unbearable heat on the Dems who still support it.

    The absence of a coherent, comprehensive Republican alternative is giving ammunition to those who say Republicans are the “party of no” or the “party of no ideas.”

    We can gripe about how horrible Obamacare is all day and be 100% right. But supporters of this law can simply respond with “if you don’t like my idea, then give me a better one.”

    Here is a stab at that “better idea.”

    http://www.redstate.com/simpleman/2011/01/17/repeal-and-replace-an-idea/

    • The_Gadfly

      The Dems want us arguing about the replacement not the repeal so that the repeal never happens. All they need to do is play Gandalf to the arguing trolls and wait for the sun to come up.

      It isn’t gaining traction because even if you count Fox News as being in the conservative corner (which was always problematic and is getting to be more so) the LSM still controls most of the messaging. And they are lying to the American people as furiously as they can. All the bad stuff in the bill is back-loaded and all the good stuff in the bill is front-loaded. Kill the individual mandate, keep pointing out the bad stuff, and in particular, keep pointing to how corrupt it is for The Big 0 to grant free indulgences so his minions can avoid the bad stuff that’s affecting all the rest of us.

  • izoneguy

    ‘Obamacare’ Faces New Challenge from States

    http://www.foxnews.com/politics/2011/02/07/obamacare-faces-new-challenge-states/

  • kevhead62

    but I don’t believe he’s that smart. I doubt even he knew what all was in the bill before he signed it, let alone come up with a plan such as this. While there are many who may disagree about his lack of “brilliance”, I’ve yet to see an instance of anything to prove otherwise. I believe he and his minions truly think that the only way their plan can work is if everyone’s forced to be in it. Obviously idiotic, given how poorly this sort of plan runs elsewhere. Of course Socialism/Marxism is always a poor choice of governance, so the point is proven again…

  • eastbaylarry

    then WHY did they leave the severability clause out? Without severability this thing is sort of a crap shoot, but with severability he would be roaring towards a done deal now.

  • http://teapartisan.wordpress.com Socrates

    You have put together all of the pieces in a clear way, with just one unsubstantiated assumption: that Obama knew what he was doing.

    That was not clear during the bill stage. He mostly let Harry and Nancy’s staffers take care of the details.

    Furthermore, the administration was arguing inseverability before Judge Vinson. If your theory were correct, why did they not jettison the mandate in briefs and oral argument?

    Still, well argued.

  • catt

    I agree with kev. The way you describe it Obama would have been playing chess looking five moves further ahead than anyone else. Making it look like Congress was thwarting his real plan … when _really_ they were just falling into a carefully laid trap. _Bwahahahahah!_

    That just doesn’t seem likely.

    I think it looked like a stupid set of haphazard compromises because that’s what it was. A bunch of compromises so stupid that even the supporters had to be given promises that it would be … fixed … later … somehow.

    I also don’t buy that the plan would have any chance of getting us to single payer. As soon as the individual mandate is gone the remainder is toxic to private insurers as you point out. The Democrats don’t have the votes or the public support for single payer to try to patch things up by pushing a single-payer system through AND the tax increases to pay for it. They certainly aren’t going to let the private insurance companies fall … dragging a large part of our economy down with them … going into the 2012 elections.

    They’ll need a quick fix to avoid disaster and one they can get Republicans to support. That means killing _at least_ the toxic provisions forcing insurers to ignore pre-existing conditions and so on. In fact the lack of a severability clause might just save them the trouble.

  • izoneguy

    Some people have claimed the severability clause is absent from Obamacare because the writing process of the bill was such a cluster, the clause was just forgotten. But the reality, I

  • proudmarinemom

    just wants to continue to act the part a while.

    Frightening hypothesis.

  • jordanrickards

    Regarding why the administration still made the inseverability arguments, the problem is credibility. If you pass a major piece of legislation, and then turn around within months and point out that its principal source of financing is illegimate, you look like you perpetuated a ruse on the American people. Remember, Obamacare was supposed to pay for itself. So, the administration needed the court to dump the individual mandate, that way the judge is the bad guy, not on the admininstration.
    But, that’s just my guess/opinion. Thanks for reading, and for the feedback. JBR.

  • Leon H. Wolf

    First, from now on I am going to think twice about promoting any diary that was originally written in MS Word. Holy cow, that was a nightmare to reformat. Please, please avoid it.

    Second, I don’t know whether Obama planned this or not (although the conjecture is fun) but that is without a doubt what the end result will be.

  • Adjoran

    He let Congress do it. So the “master plan” theory falls flat right there.

    With the Republicans in control of the House, the public opposition to the bill guarantees no funding for single-payer, so it fails there, too.

    Finally, Obama was NEVER a “constitutional law professor” at all – he was a “lecturer” and NOTHING more.

  • http://westforwestwing2012.com heartlander

    I have.

    Trust me: everything Obama does is quite deliberate.

  • The_Gadfly

    He only has to be the mouthpiece that “speaks well.”

    Quite honestly, I don’t think Congresscritters who couldn’t find time to read the bill could find time to write it in the first place. Beck has been going on for weeks now about who actually wrote the monstrosity.

  • Menlo

    They couldn’t even read it! It was the lobbyists, many representing health insurance corporations, who wrote it.

    Of course there will not be “single payer,” only a concentration of the wealth and power of the likes of Blue Cross Blue Shield at the taxpayer’s expense.

    I would also point out that “law” school exists for the purpose of teaching students how to violate the law. The professors are usually able to earn their title by coming up with innovative ways to violate it. I don’t doubt Obama fit in quite well.

  • E Pluribus Unum

    Center for American Progress, in other words, Soros, Inc. .

  • Newton E. Mchuckney

    great

  • georgeinla

    If he wanted to do that, he would’ve inserted a severability clause. Earlier versions of the bill in fact had one. They took it out though. In doing so, once the SCOTUS looks at the legislative record, they will see that there was a clear intent on the part of Congress to leave out the severability clause, and it makes sense: the entire bill is predicated on the taxation/charity scheme that you describe. If it’s ruled unconstitutional, the whole thing is going down.

  • http://westforwestwing2012.com heartlander

    E Pluribus Unum,

    you “get it.” I salute you!

  • eastbaylarry

    It was in there originally, but taken out at some point. What do we know about the circumstances surrounding its’ removal?

  • Raven

    They Think they’re brilliant and want everyone to believe they are, too.
    But more often than not, their “brilliant plans” are just blind luck that they’re taking credit for after the fact. Something they often get away with because they don’t tell anyone the actual plan.

    It’s a trait common among basically dishonest people. Which Marxists, Communists and Obama all are.

  • Raven

    And hasn’t considered what Jordan is suggesting.

    Do be sure, though, that if it Does work out as Jordan suggests, then he will most assuredly take credit for it. Blind luck or not.

  • Raven

    Though not holding my breath, that the combination of Chief Justice Roberts and Obama’s offending of Justice Keneddy will land the latter on our side and kill the whole bill. Let us all do remember that Obama has already pissed off Justice Keneddy to the point that he decided to delay his retirement just to spite the president.

  • blooch

    That, and they kill, jail or exile anyone who dares to point out how they effed something up.

  • victrola

    Obama wanted a single payer, but didn’t have the votes. He wanted to move the ball down the field toward that end goal, and the Senate wrote the crap sandwich known as ObamaCare. Scott Brown got elected, and they just had to go with what they had so far and couldn’t fix the obvious flaws.

    The irony is, if ObamaCare is declared unconstitutional either in whole or part (or if it is repealed) it will probably destroy any chances for at least another generation of Democrats getting true Universal Healthcare. Anytime the Dems propose “fixing” healthcare, the American people will run in the other direction.

    Obama may have unwittingly saved private health insurance for a generation.

  • The_Gadfly

    but the facts on the ground dictated that it had to come out. I suspect that was the price he had to pay to get Big Insurance and Big Pharma to buy into the plan. Without them, he wasn’t going to be able to hold enough Dems to get it past the Republican filibuster.

    Remember, under ordinary circumstances the conservative principle in producing judicial rulings is to preserve what is constitutional. And prior to Florida ruling there were a good number of solid conservative jurists (e.g. Mark Levin) who argued that the absence of the severability clause didn’t automatically mean the whole thing could be tossed. And the Virginia ruling followed the severability route. So we currently have a 2-1-1 split on the courts.

  • Raven

    and they achieve power. Most are just sad, pathetic, angry people who blame others for their failures.

  • The_Gadfly

    I get a queasy feeling in my stomach.

  • jordanrickards

    That should have read “perpetrated a ruse,” not “perpetuated.”