The heart of the argument being made today at the Supreme Court is whether the individual mandate is constitutional. This is a highly politicized debate as evidenced by the fact that those bringing the case to the Supreme Court are all Republican Attorney Generals or Governors from twenty-two states. Supplementing this, the talking heads presenting their argument in the media are all stressing how individual liberties are being trampled by a requirement in the law that individuals MUST, (thus individual mandate), purchase health insurance. Senator Ron Johnson, Republican of Wisconsin practically shrieks pleading: “We’re just begging the federal government to please leave us a shred of freedom, don’t make us buy a product that we don’t want to buy.”
There one has it: melodramatic, manufactured hysteria—a 2012 Patrick Henry version of “Give Me Liberty or Give Me Death.” Complete with flags picturing coiled vipers inscribed, “Don’t Tread on Me,” if one is privy to visuals of anti-ObamaCare protestors at the Supreme Court today. The irony is that Republican Senators are holding photo ops on the Supreme Court steps to demonize and vilify a concept that they invented and introduced 19 years ago. When President Clinton proposed healthcare legislation then, Republicans argued for individual responsibility; they said that uninsured individuals were getting an unconscionable free lunch by having their healthcare costs subsidized by more responsible, more productive citizens who were tired of freeloaders.
Republican Senator John Chafee of Rhode Island originated the proposal and about half the Republican caucus signed onto the concept. The National Journal reported on September 15, 1993:
“The [Republican] Senate plan would create an individual mandate for health insurance similar to one that now exists for auto insurance.”
The Associated Press on September 17, 1993 reported:
“Congressional Republicans . . . pushed their own proposal, which would require individuals to purchase insurance.”
In other words, Republicans were making the point that just like in auto insurance where we require individuals to be responsible and purchase auto insurance, individuals should be required to purchase health insurance. After all, in addition to death and taxes, illness is inevitable for all of us. Everyone will have healthcare costs. Everyone should have to pay them. Virtually nobody but the $250,000,000.00 net worth Romney and the billionaire Koch brothers can afford to go without it. Why should some irresponsible freeloaders dump their hospital bills on hardworking Americans? Healthcare institutions also argued that one reason for the astronomical prices people with insurance were having to pay was the fact that freeloaders were creating billions in “unreimbursed” care that had to be passed on to paying customers. What Republicans hate today they loved in 1993. The Boston Globe of September 7, 1993 quoted Republican Senator John Chafee saying:
“I and the majority of Republicans . . . strongly believe the route to go with is an individual mandate.”
So Republicans enthusiastically went on record as saying that they were not reluctantly supportive of individual mandates, they were “strongly” in favor of it! Republican (and presidential candidate) Senator Bob Dole said on February 1, 1994 at the National Governors’ Association: “Well, we have an individual mandate in our plan.” Republican Senator Kit Bond of Missouri said on September 27, 1993 that the Republican plan had “an individual mandate where all persons would have the responsibility to have coverage.” Republican Senator Don Nickles of Oklahoma said on CNN’s Crossfire on September 24, 1993: “We do have an individual mandate. WE DO SAY EVERYBODY IN AMERICA HAS TO PROVIDE INSURANCE FOR THEMSELVES [emphasis added].” The Heritage Foundation, a conservative think-tank, featured the individual mandate in its publications. As recently as 2008, Newt Gingrich argued for an individual mandate. And the Huffington Post documented that during July 2009, “Mitt Romney called on President Obama to require Americans to buy insurance as part of his health care plan, using ‘tax penalties’ as a backstop.’” He also included an individual mandate in the Massachusetts legislation that he signed as governor.
So what’s changed in Republican principles and concepts of liberty since all these statements? President Obama included an individual mandate in the legislation he signed. Ergo, it must be bad. Most ludicrous is the Dr. Jekyll and Mr. Hyde performance of Republican Senator Grassley who is on tape being both for and against the individual mandate. He was one of the Republican sponsors of the individual mandate in 1993. Even AFTER Obama was in office, he argued: “When it comes to states requiring it for automobile insurance the principle ought to lie the same say for health insurance because everybody has some health insurance costs and if you aren’t insured there’s no free lunch. I believe there’s a bipartisan consensus to have individual mandate.” This was on Fox News! But after President Obama went along with the Republican proposal, Senator Grassley suddenly found his principles had changed. Now he says: “I personally think and I think constitutional lawyers think the mandate is unconstitutional.” A remarkable conversion experience!
So when Republicans proposed it, it was a conservative, responsible, small-government solution. Now that it’s part of ObamaCare, it’s suddenly tyrannical, socialistic, and unconstitutional. Oh consistency thou jewel!
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