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Monday, January 9, 2012

Lack of Mandate Would Send ObamaCare into 'Death Spiral,' ACRU Supreme Court Brief Says

"Because the Affordable Care Act does not include a severability clause, if the 
individual mandate is found unconstitutional, then the whole Act must be struck 
down as unconstitutional."
WASHINGTON, Jan. 4, 2012 /Christian Newswire/ -- The American Civil Rights Union filed
 its sixth brief today challenging the constitutionality of the Patient Protection and Affordable
 Care Act, otherwise known as ObamaCare.
Today's brief to the U.S. Supreme Court, authored by ACRU General Counsel Peter 

Ferrara, argues that lack of a mandate forcing individuals to purchase health
 insurance through government-approved exchanges would doom the entire system.
At least one lower federal court has ruled that the individual mandate exceeds the 

constitutionally-enumerated powers of the federal government. And the health care
 law itself declares that it cannot work without the mandate. Since the law has no 
severability clause that ensures that striking down a portion would not invalidate 
the whole law, any ruling to that effect would disqualify the entire 2,700-page legislation.
Here's why the mandate is key: Young, healthy people would not bother to buy

 insurance until they were ill, thus depriving the premium pool of revenue, which 
would drive up costs and eventually bankrupt the system, the brief argues.
"If regulation required fire insurers to issue policies to people whose houses 

were already on fire at standard rates, the fire insurance pool would include 
only all burned down houses, which would obviously be dysfunctional," the
 brief says. "The resulting financial death spiral would cause the costs of other
 provisions of the ACA to soar."

Christian Newswire