Former Senate majority leader Bill Frist was out of the Senate by the time Obamacare was voted on, but he definitely went to bat for the bill, trying to encourage his former colleagues to vote in favor of it. He even went as far as encouraging Republicans not to repeal the law, but instead to โpreserve,โ โcuddle,โ and even โsnuggleโ the โgood elementsโ within the bill.
But lately at least one portion of the law Frist was formerly snuggly with โ the individual mandate โ seems to be sleeping on the couch.
At a conference organized by a major South Dakota insurance and hospital corporation, Frist acknowledged that the individual mandate was unconstitutional (something that hadnโt occurred to him earlier when he pointed to the mandate as one of the best parts of the law).
But if Frist has been less than faithful to the individual mandate, heโs standing by the rest of Obamacare.
Frist assured conference attendees this week that the law will operate just fine without the mandate, an opinion more optimistic than that of President Obamaโs own Justice Department. In trial briefs for the Eleventh Circuit lawsuit it just lost, the DOJ predicted that enacting other provisions of the bill without the mandate would โinexorably drive the health care market into extinctionโ and therefore conceded that many of the central provisions of the law โ including the โguaranteed issueโ and โcommunity ratingโ provisions โ would have to fall with the mandate if it were found unconstitutional.
And thatโs not just an Obama DOJ talking point. As Ramesh Ponnuru wrote way back in 2009, Obamacare โcanโt survive ditching the individual mandate. You canโt, for example, have a ban on insurersโ taking account of pre-existing conditions without such a mandate.โ
Clearly, love is blind. But Iโm just warning the rest of Obamacare: If things donโt go well at SCOTUS, the honeymoon may soon be over.






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