If the USSC declares the ACA mandate unconstitutional, what will happen in MA?
what will happen in Massachusetts? Will 'Romneycare' survive?
I found an interesting analysis on a law firm's website. It points out that the 50 percent of Romneycare funding that domes from the Federal government would have to be withdrawn, leaving Massachusetts with a budget hole of at least $350 million a year. Also, opponents of the Massachusetts state mandate might be emboldened to sue and/or to put a Romneycare repeal referendum on the ballot.
IMO, such developments would spur at least the Massachusetts press to hound candidate Mitt Romney with embarrassing questions about his only positive accomplishment as Governor, which Mitt desperately wants to keep out of the news. This could be a consequence of Federal mandate destruction Republicans have not anticipated.
WHAT's YOUR OPINION?
From http://health.wolterskluwerlb.com/2012/04/will-massachusetts-romneycare-be-affected-by-scotus-decision-on-obamacare/ :
"Will Massachusetts 'Romneycare' be Affected by SCOTUS Decision on 'Obamacare'?
Tracy Pfeiffer, April 6, 2012
'Obamacare' and 'Romneycare.' .... Considering the two laws similarities, what will happen to the Massachusetts law if PPACA is struck down, as many legal observers believe it will be? Like PPACA, Massachusetts requires all state residents to obtain health insurance; so, if PPACAs mandate is found unconstitutional, wouldnt it make sense that, by extension, the Massachusetts mandate is unconstitutional as well?
It appears that the answer is 'no.' Even if PPACAs mandate is struck down, Massachusetts mandate will still stand. According to Brian Fitzpatrick, a law professor from Vanderbilt, 'If the federal mandate fails, its going to go down because the Congress didnt have the power to do it' under the Commerce Clause of the Constitution. Since the Court is only considering the issue of whether the federal government has overstepped its power, the state law will remain unaffected…but that does not mean that the Massachusetts health program itself will not suffer collateral damage.
The Massachusetts program is dependent on federal funding to keep its plan afloat. 'Right nowƒthe state pays for half of the plan, and the federal government pays for the rest,' says Jonathan Gruber, an MIT economics professor who worked on both the states and federal governments health plans. He stated that if the state lost the federal funding component due to the striking of PPACA, Massachusetts would be left with a $350 - $400 million bill to ensure the continued health care coverage of the states poor residents...."
The Courts rejection of PPACAs mandate would likely open the door for state-specific challenges to the Massachusetts law. It is possible that opponents of the states mandate would put the issue on a ballot or initiate a lawsuit in the states court system...."
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