Individual Mandate Rejection Would Leave White House 'No Contingency Plan,' Spokesman Says

WASHINGTON -- White House spokesman Josh Earnest said Wednesday that the administration does not have a backup plan in the event that the Supreme Court strikes down the central piece of President Barack Obama's signature health care law -- the individual mandate -- or rejects the law in its entirety.

"There's no contingency plan in place," Earnest told reporters at the daily White House briefing. "We remain fully confident in the belief that the Affordable Care Act is constitutional."

Earnest dismissed rounds of questions about how the White House could have no Plan B if the individual mandate, which penalizes people for not purchasing insurance, is deemed unconstitutional -- something that observers of this week's Supreme Court hearings on the matter have speculated is looking more likely. Earnest said anyone's judgments at this point are premature.

"Trying to predict the outcomes of a Supreme Court case based solely on the questioning of the judges is a fool's errand," he said. He pointed to one lower court case in which some of the judges were conservative and asked tough questions of the Justice Department lawyer defending the health care law. In the end, he said, the court upheld the law.

"We're focused on implementing all of the provisions of the law," Earnest said. "If something changes, we'll confront it. But right now, we're focused on all of the provisions to maximize the benefits of the law."

The White House was already signaling last week that it does not have a contingency plan. But that was before the Supreme Court began hearing arguments on the matter -- and before Obama's legal representative in the case, Solicitor General Donald Verrilli, got hammered in the press for a shaky performance.

Asked if the White House was rattled by those reports, Earnest defended Verrilli as "one of the brightest legal minds in D.C." and said that the White House has "complete confidence in him."

Earnest said he did not know if Obama had caught any of the audio broadcasts of the Supreme Court hearings and noted that the president was in South Korea until Tuesday night. But he added that Obama has been following the hearings "closely" through media reports and briefings from his staff.

Comments

[Fred Gingerale]

04:05 PM on 03/31/2012

"Trying to predict the outcomes of a Supreme Court case based solely on the questioning of the judges is a fool's errand," he said."

Well, when you add-in the obvious skepticism by the majority (sans Thomas, who we all know will vote the mandate down) while asking those questions, as well as understand that this court often reveals it's hand during oral arguments, it's not a stretch to think the mandate is going to be ruled unconstitutional. This court rarely surprises, almost always the rulings follow the wind of the oral arguments. That being said, nothing is a sure bet, but if I was a betting man, with the odds at intrade favoring the mandate being found unconstitutional hovering between 60%-65% percent....I'd lay a bet down.

[trackerbelle]

04:45 PM on 03/30/2012

Oh boo-hoo. Sad Obama face.

This bill shouldn't have been rammed through without partisan support. Lesson learned when you try to be a bully.

[429freckles]

04:04 PM on 03/29/2012

Single payer. Single payer. Single payer.

Do it. End the monopoly.

[Michael Kittredge]

12:37 AM on 03/30/2012

It's about time, the peoples health is more important than profit margins. When profit gets put above health, people get hurt and left out. The fact that insurance companies don't care about this is reprehensible and demonstrates we don't need them.

Single payer. Long overdue. Join the rest of the civilized world on health care.

[TurnToTheLeft]

03:22 PM on 03/30/2012

I agree; however there were NEVER the votes. Politics is the art of the possible. I believe passage of the ACA was the necessary route to get to single payer.

[429freckles]

07:19 PM on 04/02/2012

I agree... the ACA was a necessary route. I believe that single payer is well on it's way.

[axoaxo]

03:40 PM on 03/29/2012

This would be a nice contingency plan:

http://www.pnhp.org/news/2012/march/health-care-jujitsu

Hope someone in the WH is thinking the same

[Rubiconski]

03:07 PM on 03/29/2012

Americans should not pay one dime of income tax until we get universal health care!

[trackerbelle]

04:48 PM on 03/30/2012

I dare you to try.

Try and mess with the IRS and see what happens. See how much you love your big govt then. Ha!

[Rubiconski]

02:56 PM on 03/29/2012

Obama came to the White House to say: "No, We Can't".

[laffFUwant]

08:58 PM on 03/29/2012

I thought it was the CONservatives that have been saying 'no' to everthing!

[Grichde]

02:53 PM on 03/29/2012

It's too bad the democrats didn't write a bill that the majority wanted, no instead cram what they wanted down everyone throat.

[DARK STAR]

03:34 PM on 03/29/2012

No, they gave us a compromise that satisfies no one. But it is a start and it he will have to finish it next term, IMO.

[Rubiconski]

02:50 PM on 03/29/2012

Who cares about extortion posing as Health Care Reform?

1 TRILLION dollars every 5 years to the insurance cartel! haha that's funny.

I only trust wholistic remedies, Reiki, Acupuncture, and eating good food. Period.

The rest is just a piece of paper with illegible handwriting.

[wolflady52]

01:36 PM on 03/30/2012

Those holistic remedies are great for many ailments. Not gonna work to well if your appendix bursts. That's why we need a single payer system, not this compromise reform that just puts money in the pockets of the insurance companies.

[Grichde]

02:43 PM on 03/29/2012

James Madison

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite…The powers reserved to the several States will extend to all objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State.

[axoaxo]

03:31 PM on 03/29/2012

Haven't heard a 10th Amendment argument or question to or from the Supreme Court yet regarding the mandate. Pretty doubtful one will emerge in the final opinion either. You might wish to reveiw a little case law and precedent from the court.

[jdo1958]

02:28 PM on 03/29/2012

There will be unintended consequences for the GOP; watch.

[mad as heck]

02:11 PM on 03/29/2012

3 and a half years of obstruction by Congress, 3 and a half years of hate spewed by right-wing media. Are we surprised at the result?

[Grichde]

02:44 PM on 03/29/2012

It unconstitutional get over it, James Madison

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite…The powers reserved to the several States will extend to all objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State.

[axoaxo]

03:32 PM on 03/29/2012

blah blah blah 10th Amendment blah blah blah ... try reading other Supreme Court decisions regarding it and then get back to me

[larmarch5]

02:07 PM on 03/29/2012

Anyone else a bit disconcerted that Justice Scalia asked if anyone actually expected him to read a law he is going to rule on?

[mad as heck]

02:15 PM on 03/29/2012

I was. Right wing, not so much.

[Grichde]

02:46 PM on 03/29/2012

He is ruling on the constitutionality, not 2700 page of bull.

[larmarch5]

02:48 PM on 03/29/2012

And how does he do this without reading the bill?

[vmf211]

01:03 PM on 03/29/2012

Maybe next time they won't rush it through without reading it.

[axoaxo]

03:33 PM on 03/29/2012

Would hardly call two years of extended debate "rushing it through"

[vmf211]

06:58 AM on 04/01/2012

Your kidding right?? They passed it 2 yrs ago with a couple of days to look it over.

[hotbarb2614]

11:43 AM on 03/29/2012

I'll bet the farm the president has a back up plan and it will be a single payer plan, President Obama is always ten steps ahead and never tips his hand. Maybe this is his way of getting a single payer plan.

[DARK STAR]

12:40 PM on 03/29/2012

Yes, I have to say there is a back up, imagine the insurance co's dropping the ball whether or not the mandate is upheld. Just because it is a windfall in terms of everyone signing up, there is no way they will be able to administer it properly. Look at what we will deal with and then look at Medicare/Medicaid again.

[Frank Eller]

01:47 PM on 03/29/2012

Do you think for second anything like single payer is going to pass Congress?

[axoaxo]

03:35 PM on 03/29/2012

that's what reconciliation is for ... and expanding Medicare fits it perfectly

[joecan1]

11:20 AM on 03/29/2012

If you're over 40 and have health problems but were covered by your employers health care plan but then lost your job, I'd like to see you find affordable healthcare on the free market. A lot of people in this economy have found themselves in just that position. Granted there is COBRA but it is only temporary and only if you can afford it. And if you have a family to care for it's not likely you can.

[A level Head]

12:10 PM on 03/29/2012

Therefore, in your opinion, the general public should be forced to foot the bill ???

How do you justify taking someone else dollars for your benefit as a matter of normal course

[joecan1]

12:31 PM on 03/29/2012

I got my level out and it seems you're about a full bubble off. YOU pay for it now with higher premiums to for profit insurance companies. How about this for an idea. Have companies stop paying for insurance for it's employees. Give that money back to the employee and then tax everyone in the country an extra 5% and incorporate single payer. The increase in revenue from the employer would more than cover the cost of the 5% tax and everyone would have the same coverage.

[Frank Eller]

01:48 PM on 03/29/2012

Right on level head!

[Grichde]

03:16 PM on 03/29/2012

Then Obama needs to regulate insurance.

[joecan1]

11:12 PM on 03/29/2012

He does, but he can't with a do nothing congress.