Morning Bell: Heritage Files Brief Opposing Obamacare’s Individual Mandate

Rory Cooper / May 12, 2011

Yesterday, The Heritage Foundation filed a friend-of-the-court brief with the 11th Circuit U.S. Court of Appeals, reiterating Heritage’s opposition to the individual mandate that is a key piece of the Obamacare statute. This is the first time we have ever filed such a brief—as far anyone around here can remember. But we had no other choice. In its merits brief before the appeals court, the U.S. government quoted a 21-year-old statement by a Heritage Foundation policy expert supporting an individual mandate for health insurance, when Heritage’s view today is to the contrary.

It all goes back to late January, when federal judge Roger Vinson ruled in a 26-state challenge to Obamacare that the law’s individual mandate forcing Americans to purchase government-approved health insurance is unconstitutional.

Over 21 years ago, Heritage analysts initially (and mistakenly) considered the idea of a limited individual mandate coupled with appropriate tax incentives as a favorable answer to the “free rider” problem—i.e., citizens who do not buy personal health insurance knowing that, in the event of illness or injury, the government will ensure they get the necessary medical care.  Of course, even that limited and qualified position did not demonstrate support for an unqualified individual mandate as structured in the Obamacare statute. (more…)