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White House: We Won't Compromise On The Individual Mandate

First Posted: 02/08/11 05:11 PM ET Updated: 05/25/11 07:30 PM ET

Obama Individual Mandate

WASHINGTON -- The Obama administration on Tuesday said it had no plans to abandon the controversial individual mandate in the president's signature health care law despite the challenges the provision faces in courts and its eroding support in Congress.

In his daily briefing, White House Press Secretary Robert Gibbs showed no enthusiasm for talk of swapping the mandate -- which, once phased in, will require individuals to obtain health insurance or face fines -- for separate, less onerous, language.

"I think if we thought there was a better way of doing it, we would have gone that way," Gibbs said.

"The president supports it," the press secretary said of the mandate. "We have gone to court to maintain it. And, as the president has said, we will work with those who want to see improvements in this law regardless of party. But we believe that individual responsibility is a foundation."

Gibbs' comments were a bit of unexpected defiance from a White House under siege over its sales job on health care reform. But they also underscore just how much the president -- once a critic of the individual mandate -- has come to see the provision as a linchpin to the legislation.

He's not necessarily alone. In private, aides on the Hill say there is little chance that a Democratic-run Senate will consider a legislative alternative to the mandate, at least while the White House forcefully defends its constitutionality and import in various courts. Meanwhile, operatives off the Hill -- especially those allied with the Obama White House -- have taken up the task of defending the provision on intellectual grounds.

On Wednesday, the Center for American Progress is slated to release a report from MIT professor Jonathan Gruber -- one of the brains behind the health care law -- that will show that alternatives to the mandate "will not cover as many or save as much money as the Affordable Care Act."

All of which may seem counterintuitive to the current tone of the political debate. Support for replacing or eliminating the mandate has been building outside of conservative circles for months, not just among moderate Democrats but among self-identified progressives as well. Former Democratic National Committee Chairman Howard Dean predicted that the provision would be removed from the bill before 2014, when the penalties are scheduled to take effect.

On Tuesday morning, Politico reported that a "handful of moderate Senate Democrats" were "looking for ways to roll back the highly contentious individual mandate." The piece caused a bit of stir, as it was interpreted as a "sign that red-state senators are prepared to assert their independence ahead of the 2012 elections."

But the senators cited in the piece have all been critical of the mandate well before this week.

An aide to Sen. Claire McCaskill (D-Mo.), one of the four senators named by Politico, said, "The comments that Senator McCaskill is quoted as saying in Politico are things she has... been saying for a while." The aide added, "Suffice to say, this isn't new for her."

And, perhaps more significantly, despite the chatter there currently exists no serious legislative alternative for Republicans and Democrats to push.

"I'm not sure there is any serious legislation at this time," said the McCaskill aide. "It seems to me a lot of to-do, and a bit of nothing."

Added Jake Thompson, a spokesman for Sen. Ben Nelson (Neb.), perhaps the loudest Democratic critic of the provision in the Senate: "For months, Senator Nelson has been pursuing alternatives to the individual mandate ... There is no coordination at this point. What he is hoping for is a good alternative to the individual mandate. That is all somewhat down the road. He doesn't have details of a viable alternative at this point."

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WASHINGTON -- The Obama administration on Tuesday said it had no plans to abandon the controversial individual mandate in the president's signature health care law despite the challenges the provision...
WASHINGTON -- The Obama administration on Tuesday said it had no plans to abandon the controversial individual mandate in the president's signature health care law despite the challenges the provision...
 
 
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COMMUNITY PUNDITS
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bryanzth 11:30 PM on 02/08/2011
The individual mandate is on the right path. Without it, we are nowhere near Single Payer Universal.

I pay (right now) $420/mo for BCBS, with a $2500 deductible, and 80% on some things (not full coverage).

What the heck? IF I didn't, and had to pay a fine, what am I losing? (I won't do that as long as I can, but...)

I am healthy, but I have not been always. Gall Bladder. That would have  Read More...
10:37 AM on 02/10/2011
"The genius of our ruling class is that it has kept a majority of the people from ever questioning the inequity of a system where most people drudge along, paying heavy taxes for which they get nothing in return." Gore Vidal
01:56 PM on 02/11/2011
well, 1/2 of them pay taxes anyway.
HUFFPOST SUPER USER
MikeNAustin
09:57 PM on 02/11/2011
And the half lives on the earnings of those who do pay taxes. Part of society will not steal from another part forever without consequences! This crap might end badly one day!
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glenn113
"A micro-phony....And a phony at the mike"
08:48 AM on 02/10/2011
I think the individual mandate is unconstitutional for me on school tax as well. Why should I have to pay a school tax? I don't have any kids nor plan too. What's the judge in Florida have to say about that. Exactly the same rational on health care.
10:20 AM on 02/10/2011
a school is a state provided service not that you have to buy a product or service from a company

but thanks for playing
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glenn113
"A micro-phony....And a phony at the mike"
01:41 PM on 02/10/2011
. Why do you think it is a state provided service? Because it is mandated by the taxpayers. Healthcare would be the same way exept a federal provided service...
I hear silence................He who laughs last laughs hardest. Go read your constitution.
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glenn113
"A micro-phony....And a phony at the mike"
07:41 AM on 02/15/2011
Everyone in a society benefits from having an educated populace. Crime rates drop, innovation creates local jobs, and the middle class begins to grow as poverty shrinks.

The reason the mandate is UNconstitutional, and I do agree with you on that, is there is no provision for cost control. Insurance companies are evil to the core- I worked for Aetna for a brief time, and saw their "secret" guidelines for cost analysis when working up a quote for a corporate client. They were charging hundreds of dollars more for women, and not even because of babies- because women actually go in for checkups. Never mind the fact that execs in their 50's ran a huge risk of extremely expensive heart surgery- and this was 20 years ago when there weren't so many meds. When they gave the proposal to the client, the costs had been averaged out to look like each employee cost the same to insure. The prices were obscene. You'd have to be in a major car crash every 5 years or so to ever run up enough hospital bills to pay what they charge. And this is what they would do to individuals without there being any oversight by the government.

Rather than create a whole new branch of government to keep insurance companies honest, why not chuck the whole asinine idea and expand Medicare to include everyone? Problem solved.
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PRR Fan
8 year-olds, dude.....
08:39 AM on 02/10/2011
This is beautiful. Obama continues to support a boondoggle that cost the Democrats one of the worst beatings in modern political history and has been found unConstitutional. Buy your gold now, Obama's gonna need a lot of it if he continues to pave the road to White House for Republicans.
01:59 PM on 02/10/2011
agreed
01:55 PM on 02/11/2011
agreed and can't happen too soon
HUFFPOST SUPER USER
429freckles
Ex Republican Now Devoted Democrat
09:37 PM on 02/09/2011
Ezekiel 16:49
"Behold, this was the guilt of your sister Sodom: she and her daughters had arrogance, abundant food and careless ease, but she did not help the poor and needy."

Of course, some people refuse to believe that we have "poor and needy" people in this country. Personally­, I do not see how the "Religious Right" can oppose helping the poor and needy, unless they are as uninformed about the Bible as they are current events....­.

I wish that we were not a nation that robs the poor to fatten the rich and then blames the poor for their situation. Funny how a dubious translatio­n of a sexual "sin" is used to condemn others, while clearly spelled out sins aren't a big deal. Someone else's sins are always worse, somehow...­..

From my reading of the Bible, a "Christian Nation" would help those who need it. And I think that health care is a universal need, which should be rationed according to need instead of rationed by the ability to pay.

If the country should not provide health care for all, then why should we provide national defense for all?
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Zeus9000
Alterum ictum faciam
10:09 PM on 02/09/2011
Let me know when Jesus started handing health insurance policies instead of providing care... I don't seem to remeber that in the text anywhere.
10:32 AM on 02/15/2011
Jesus obviously didn't count on society getting so complicated. He also didn't provide medical care for every man, woman and child in Jerusalem or wherever. He taught by example. If you are going to call yourself a true Christian, then you have to care about others and that includes making sure they have the important things they need, like food, shelter, and health care. Unless you're planning to take the poor to the hospital yourself and pay the bill, then it makes sense to have a universal health care plan that keeps the insurance companies honest, saves everybody money in the long run (no more co-pays) and improves the general health of the nation for everyone, not just the rich.
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HUFFPOST SUPER USER
tcalger87
Innocent Bystander
06:12 AM on 02/10/2011
The Preamble & Article III Section 4 of the Constitution state that the common defence and protection against invasion (respectively) are powers vested to the Federal Government.
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PRR Fan
8 year-olds, dude.....
08:32 AM on 02/10/2011
Constitution?! Are you serious?
08:17 PM on 02/09/2011
The individual mandate is not constitutional. You can make all the financial arguments you want for the mandate. The Supreme Court will decide.
10:55 PM on 02/09/2011
I agree but the State forces car insurance and seat belts..the Federal government *will* win. You must remember the constitution is just "a GD piece of paper"
HUFFPOST SUPER USER
MikeNAustin
06:20 AM on 02/13/2011
You forget 1 very important thing - they can't make you drive!
05:22 PM on 02/09/2011
but they will "compromise", ie. give them all they want, with the insurance industry and their profits. and they will "compromise" and force millions of americans to buy a private product WITH NO EFFECTIVE COST CONTROLS.
HUFFPOST SUPER USER
429freckles
Ex Republican Now Devoted Democrat
08:57 AM on 02/15/2011
The majority of Americans have insurance provided through their employers. Many do not. Many have preexisting conditions. Why are you crying? You probably have insurance. What's your beef if others are able to ascertain what you already have?
10:36 AM on 02/15/2011
If the Republicans hadn't so stupidly rejected universal health care, this wouldn't have been an issue at all. You'd have Medicare and no bills.
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Bostontru2u
Keep on Moving...The Left Way.
03:16 PM on 02/09/2011
Conservatives spend 3 times more money on guns, but don't want health insurance and expect other people to pay their tab on health care when they shoot each other up.
HUFFPOST PUNDIT
itschuck2c
08:57 PM on 02/09/2011
Bit confused are we??
HUFFPOST SUPER USER
429freckles
Ex Republican Now Devoted Democrat
08:57 AM on 02/15/2011
Nope. I didn't think he is. I think you are.
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02:46 PM on 02/09/2011
The ultra-conservative Heritage Foundation pushed the idea of an individual mandate in 1990:

http://www.heritage.org/Research/Reports/1990/07/Using-Tax-Credits-to-Create-an-Affordable-Health-System

The Republicans in Congress then built a bill around it call the 1994 Consumer Choice Health Security Act.

But now that Democrats accept it, they completely reverse course. lol.
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HUFFPOST COMMUNITY MODERATOR
SSF
Republican no longer!
02:51 PM on 02/09/2011
Republicans did pledge to make Obama a one-term President, so they're just doing their damnedest to sabotage everything he does; no matter the impact on the economy or the well-being of the American People.
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HUFFPOST COMMUNITY MODERATOR
CTtransplant
"We don't stop playing because we grow old; we gro
03:53 PM on 02/09/2011
Well, they certainly have shown they have no interest in working on behalf of the American people...I say they should give back their paychecks, in that case!
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Bostontru2u
Keep on Moving...The Left Way.
03:08 PM on 02/09/2011
And look at how much time and money they have wasted trying to throw sick people under the bus., Just for hatefulness.
02:28 PM on 02/09/2011
It is an established FACT that more guns in the hands of law abiding citizens reduces violent gun deaths. So if Obamacare's forced purchase of insurance mandate is Constitutional then republicans should pass a new law that forces everyone to purchase a gun. Don't gun manufacturers deserve the same or more glamor than insurance companies? Insurance companies didn't help win WW2...
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HUFFPOST SUPER USER
Mara Para
03:00 PM on 02/09/2011
From http://library.med.utah.edu/WebPath/webpath.html

In the U.S. for 2006, there were 30,896 deaths from firearms: Suicide 16,883 - Homicide 12,791 - Accident 642 - Legal Intervention 360 - Undetermined 220. "This makes firearms injuries one of the top ten causes of death in the U.S." NOTE: 360 deaths were due to LEGAL intervention.

"Firearms injuries remain a leading cause of death in the U.S., particularly among youth (CDC, 2001) (CDC, 2006)." This hasn't changed.

You can look other places to prove your FACT, tho do not expect me to believe anything from the NRA or other pro-gun lobbies.

I think it would be more logical for government to mandate stricter gun laws, for example, prohibiting certain automatic weapons and super-sized gun clips. I believe we would be safer.

I reject your anology as unproven by FACT and faulty in logic. The WW2 comment is just plain odd.
03:48 PM on 02/09/2011
Three times more people die a medical accidents (malpractice) than gun accidents.

Homicide is illegal so giving guns to law abiding citizens is only going to DECREASE homicides as it already has in those states that have adopted shall issue hand gun CC laws.

"This makes firearms injuries one of the top ten causes of death in the U.S."

Top ten you say but what percentage is it among those the nine? Under 1%. You have a much greater risk of drowning than being killed by a gun, (and yet public schools still resist mandatory swimming lessons..)

Tell me how 'safe' everyone is in a 'gun free' zone like Virginia Tech or Fort Hood's medical center?

If we had not won WW2 we wouldn't be having this discussion.
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03:05 PM on 02/09/2011
They don't force you do buy insurance. You can pay a tax/fine to avoid it ($695) and if you make less that 15k, medicaid covers you anyway in the new bill.
03:34 PM on 02/09/2011
Fine, those who refuse to buy a gun can do the same but I think we can agree to skip the give-away component...
10:46 AM on 02/15/2011
What if you can't afford the tax either? Universal health care is the only logical solution. Making a profit on illness is obscene.
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
02:24 PM on 02/09/2011
States still implementing health care reform

A federal court in Florida may have ruled the health reform law unconstitutional — but you wouldn’t know it from the constant buzz of activity in the 26 states that brought suit against the federal overhaul.
In Texas, a conservative state legislator is pursuing legislation that would authorize the state to build infrastructure for a health insurance exchange.
All told, each of the 26 states that are party to the federal lawsuit in Florida against health reform have received some level of funding to implement provisions of the Affordable Care Act. Observers on both sides of the aisle expect implementation to move forward largely despite Monday’s ruling.



That’s the mindset of Rep. John Zerwas of the Texas State Legislature.

http://www.politico.com/news/stories/0111/48527.html
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TexasTreader
My other dog is a gator
02:27 PM on 02/09/2011
Politicians grabbing for money isn't news. There's still work to do.
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
02:30 PM on 02/09/2011
Yeah, it's called the SCOTUS, not some district court. Since there are 12 other cases, in 12 other district courts, all of which have to go through Circuit Courts, don't look for the Supremes to hear the case until 2014.
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TexasTreader
My other dog is a gator
02:12 PM on 02/09/2011
What recourse does the White House have against states who refuse to implement Obama Care? It's not like he can repossess us. And if Conservatives in Congress have their way, there won't be enough funding to cover paperclips, much less enforcement. Who knows where that "mission accomplished" sign is?
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
02:16 PM on 02/09/2011
The recourse is the health exchanges.
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TexasTreader
My other dog is a gator
02:17 PM on 02/09/2011
What health exchanges in a system ignored in at least 26 states?
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TexasTreader
My other dog is a gator
02:05 PM on 02/09/2011
So, if we defeat the individual mandate in court, Obama's saying we've won. Cool.
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
02:11 PM on 02/09/2011
Judge Vinson didn't sign an injunction instead punting to a higher court. He knew this is above his paygrade.
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TexasTreader
My other dog is a gator
02:20 PM on 02/09/2011
OK, I think you're out of your depth here. Vinson can't "punt." It's up to litigants to appeal a ruling.
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HUFFPOST SUPER USER
allengoldchain
Proud to be a 53%! I always pay my fair share!
02:01 PM on 02/09/2011
Why is this even a subject anyway? The judge in Florida voided this law... end of conversation unless the fedgov can get a stay and wins their appeal with the 11th CCA.

end of story
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
02:06 PM on 02/09/2011
Nope. All 26 states who sued are still implementing, _pending appeaI. Judge didn't not sign an injunction.
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HUFFPOST SUPER USER
allengoldchain
Proud to be a 53%! I always pay my fair share!
02:39 PM on 02/09/2011
they are considering continuing the implementation becuase they fear that the repeal will take too long to the get to the supreme courts.

but that has nothing to do with this ruling. Our Judiciary system has to be followed and it is the duty of the administration to adhere to it. I don't know how many times I have to copy and past the ruling. You do not need to have an injunction. The judge clearly outlined that his declaratory relief was equivalent to an injunction. Did you miss that too or did you just not bother to read the ruling?

Please go back and re-read page 75.
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TexasTreader
My other dog is a gator
02:07 PM on 02/09/2011
I thought I heard that the White House hadn't even requested a stay. Now they're saying all we have to do to win is defeat the individual mandate. Maybe I'm reading it wrong but that looks like a surrender to me.
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
02:08 PM on 02/09/2011
You read it wrong
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CivilDebate10
Practical Independent Libertarian
01:49 PM on 02/09/2011
Imagine if you will, a court holds that a certain federal law is unconstitutional because it discriminates based upon race and that a President openly and defiantly continues to proceed with that law. Right now in Virginia and in 26 other states, Obamacare has been held unconstitutional yet Obama and his administration intentionally are ignoring the Rule of Law. Yes, yes, two other courts have said it is Constitutional so, at best, those jurisdictions are the only places where it is OK to proceed with the law, in the others, it is not, Obama is violating the law and hardly anyone, especially the sympathetic press, cares.
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
01:57 PM on 02/09/2011
Here's how it works, Judge Vinson had the opportunity to place an injunction on implementation, and didn't.
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CivilDebate10
Practical Independent Libertarian
02:05 PM on 02/09/2011
No, here is how it works. The judge cited Supreme Court precedent that stated that a declaratory judgment is the functional equivalent of an injunction when the defendants are federal officials. The judge was a bit naive in assuming that Obama gave two hoots about the Rule of Law, but the ruling is very clear that the federal government should stop its unconstitutional activities.
02:08 PM on 02/09/2011
No; it's been held unconstitutional in the Northern District of Florida and the Eastern District of Virginia. That representatives of other states or districts were plaintiffs in one or either of the cases is irrelevant; the rulings are only binding on those respective districts, and only the federal courts.

The Eastern District of Michigan and the Western District of Virginia have upheld the law; those rulings are still binding in those places.

http://www.mied.uscourts.gov/News/Docs/09714485866.pdf

http://timeswampland.files.wordpress.com/2010/11/libertymemorder.pdf

Other district courts have dismissed challenges to the law on procedural grounds without ruling on its constitutionality, therefore the law is still valid and enforceable in those places. It is valid and enforceable everywhere, except the N.D. Fla. and E.D. Va., where it has not been enjoined.

A District Court judge does not have the power to void a federal law, because his or her rulings are not binding on any other court. Circuit Court of Appeals rulings are binding on itself and on federal district courts within the circuit. Only the Supreme Court of the United States is binding on all other courts, state -and- federal.

Judge Vinson's ruling does not affect the validity or the implementation of the law outside of his district, and any challenges to implementation that arise outside the Northern District of Florida may cite his decision, but the courts there would not be bound by it.
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CivilDebate10
Practical Independent Libertarian
02:15 PM on 02/09/2011
Under certain circumstances, where cases are joined, a district court can rule for places other than its specific district. but I won't get into the intricacies of that. For sake of argument, let's assume that these rulings do only apply to those districts (and that is not the correct assumption with respect to the FL case, it is more so with respect to the VA case however), Obama is still violating the law by going forward with implementation plans that include those districts. So, robbing 2 banks might be less bad than robbing dozens, but it is still ignoring the Rule of Law and my point still stands.
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HUFFPOST SUPER USER
allengoldchain
Proud to be a 53%! I always pay my fair share!
01:37 PM on 02/09/2011
NH: NH House voted 267-103 to force AG to join lawsuit against Obamacare. Vote is enough to override governor veto.
OK: Seperate lawsuit. U.S. District Judge Ronald White will issue a ruling this summer

HCR Waivers: 713 and going up
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HUFFPOST PUNDIT
Le Facteur 99
Jeremiah was right.
01:43 PM on 02/09/2011
One yr waivers so companies can upgrade substandard plans. That number btw, is not a lot.
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HUFFPOST SUPER USER
luvbeingright
Tolerating the Intolerant
01:56 PM on 02/09/2011
the waivers cover 2,000,000 people
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HUFFPOST SUPER USER
allengoldchain
Proud to be a 53%! I always pay my fair share!
01:59 PM on 02/09/2011
number doesn't reflect the number of people