Critical Condition

The Mandate Today


The Eleventh Circuit upheld the district court’s ruling that the individual mandate is void. The most immediate impact of this ruling may therefore be that it prevents the 26 plaintiff states from implementing, and the federal government from implementing with regard to those states, any aspect of the individual mandate — “essential benefits” regulation, mandate penalties, regs regarding reporting health insurance status to the IRS, etc. 

States that are implementing Obamacare should stop implementing all parts of the law, but it is now unlawful for those 26 plaintiff states to implement portions of the law dedicated to defining or enforcing the mandate. 

Tyrannis delenda est.

Michael F. Cannon — Mr. Cannon is director of health-policy studies at the Cato Institute and co-author of Healthy Competition: What’s Holding Back Health Care and How to Free It.


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