THE BLOG

Why Obamacare Is Here to Stay

11/25/2011 04:01 pm ET | Updated Jan 25, 2012

Obamacare has won. Resistance is futile. Now that the U.S. Supreme Court has agreed to review the constitutionality of Obama's health care law in 2012, the rabid foes of Obamacare might as well pack up their tents and go home. Here's why.

First, the Supreme Court has agreed to review only two parts of the ten-part law, the primary one being the requirement for everyone to buy health insurance. The fact that the Court has declined to review the other parts means that the rest of the law will remain intact, no matter what is decided about the insurance purchase requirement.

Second, there is a high probability that a majority of Supreme Court justices will agree that if it's constitutional to mandate the wearing of seat belts or the buying of car insurance, it's not too far a stretch to find a health insurance mandate constitutional as well.

Third, the Court will not be oblivious to the fact that a lot of people are wanting this law to stand in its entirety. Citizens are already enjoying the benefits of the law, particularly the elimination of the insurance companies' ability to deny health coverage on the basis of "pre-existing conditions."

The insurance companies went along with this provision only because of the mandate that everyone has to buy health insurance or pay a penalty. This increases the pool of healthy insured subscribers, which compensates for the high expense of having to insure the folks with pre-existing conditions.

Obviously, the worst financial nightmare for the insurance companies would be the Supreme Court killing the requirement for healthy people to get insurance, and allowing to stand the requirement against denying coverage to the pre-existing condition folks. You can bet that this powerful lobby will do everything it can to help Obama prepare a winning case.

Rant all you like -- the stars have aligned for Obamacare to become a fact of life.