In her concurring opinion to uphold ‘Obamacare’ Thursday, Justice Ruth Bader Ginsburg pointed out that Congress, in creating the individual mandate, was following the lead of Massachusetts.
It’s an apparent jab at Mitt Romney, who enacted the same provision as governor in 2006, but has vowed to repeal the Affordable Care Act if elected president.
Ginsburg wrote:
Massachusetts, Congress was told, cracked the adverse selection problem. By requiring most residents to obtain insurance … the Commonwealth ensured that insurers would not be left with only the sick as customers. As a result, federal lawmakers observed, Massachusetts succeeded where other States had failed.
In coupling the minimum coverage provision with guaranteed issue and community-rating prescriptions, Congress followed Massachusetts’ lead.
