Policy

Supreme Court Could Kill ObamaCare's Insurance Mandate at the Federal Level, But It Might Survive In States

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Mandate for a man-date.

One thing to remember about the various legal challenges to ObamaCare's health insurance mandate is that even if the Supreme Court strikes down the mandate, that doesn't mean that the entire country will suddenly be mandate-free. That's because states can impose health insurance mandates of their own, like most do with auto insurance, without fear of constitutional challenge. That's what Massachusetts did with RomneyCare,and according to Politico, other liberal lawmakers are looking to follow suit should the mandate fall:

A group of progressive state lawmakers from around the country is considering what can be done to encourage residents to buy insurance if the federal health reform law's individual mandate is struck by the Supreme Court. Lawmakers associated with the Progressive States Network are meeting next month in Baltimore with hopes of coming up with state-based legislation that could fill the void in the health law.

This obviously won't happen in all states. But I wouldn't be entirely surprised to see mandates or mandate alternatives designed to encourage people to purchase insurance (rather than penalize them for not buying it) pop up in a handful of states should the mandate be struck down.