Headlines should be going nuts, because taken with the “Weekly Republican Address,” and statements from Shelly Moore Capito, Republican from WV, it appears that we’ve got consensus, albeit accidental. This week, we’ve got agreement between Democrats and Republicans on a minor point of the Affordable Care Act…According to both, there should be no individual mandate, the tax imposed by the Affordable Care Act on people who can and don’t purchase health insurance.
Although upheld by the Supreme Court as a legitimate tax, and therefore currently legal, we KNOW that bad laws can be changed by Congress, and according to the President and Republicans, the individual mandate should go.
The President this week argued that health insurance is a right. The Republicans this week advocate delay in implementing the individual mandate.
Can you tax someone for NOT exercising his or her rights? The answer is NO. In no instance that I can think of can you impose a tax on someone for NOT exercising his or her rights. If you don’t vote, are you liable for a non-voter tax? If you don’t speak, are you responsible for a non-speech tax?
If as the President asserts, “In the United States of America, health insurance isn’t a privilege, it’s your right, and we’re going to keep it that way,” (Whitehouse.gov, “Weekly Address,” 8/17/2013) then the President AGREES with Republicans, “It’s time for the Senate to pass—and for you to sign—the House’s bipartisan delay of the individual mandate,” (“Weekly Republican Address,” 8/16/2013). Actually, Congress should be busily at work getting rid of the individual mandate all together.
While most people would prefer that health care rather than an insurance product was recognized as a right for American citizens, this new right should help initiate lawsuits by individuals whose right to health insurance is being impeded by unreasonable costs, which will help citizens more than the Affordable Care Act, (which, incidentally does not create a “Right to health insurance").
It’s an exciting moment UNLESS the President admits that he misspoke, or twisted the truth, which we know from experience is NOT his comfort zone. As of today, citizens have the RIGHT to health insurance, and therefore taxing individuals for the failure to exercise a right (the individual mandate) should be removed by law.
