UT Law professor weighs in on health care law - 13abc.com Toledo (OH) News, Weather and Sports

UT Law professor weighs in on health care law

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The debate over the constitutionality of President Obama's health car plan heats up.  Tuesday marked day two of hearings in the nation's capital.  And with only one more day left in court, a local University of Toledo Law professor weighed in on the controversial plan.  Despite heavy criticism of how the government presented the plan, University of Toledo professor, Rebecca Zietlow says she believes the Supreme Court won't repeal it.

It was two years ago, when President Obama signed the Affordable Care Act.  It would affect all Americans and extend insurance coverage to 30 million people who don't have it.  But it's the individual mandate requiring nearly every American to purchase some level of insurance or pat a penalty,that's causing most of the controversy.

"People feel there is this kind of gut feeling that government shouldn't be able to make me by anything," Zietlow says.

She also adds the goal of the mandate is to expand coverage, and keep insurance costs low.

"For those of us who are insured the estimate is that we pay $1000 a year more because of the uninsured out there."

Some say everyone uses health care at some point so the government can require coverage, however, for some on the bench, that argument isn't valid.

Supreme Court Justice Anthony Kennedy says, "the government is saying that the Federal Government has a duty to tell the individual citizen that it must act.  That is different from what we have in previous cases and that changes the relationship of the Federal Government to the individual in a very fundamental way."

But professor Zietlow maintains, the mandate falls within Congress's power to regulate the health insurance market, and, therefore, is constitutional.

She says, "if the court strikes it down, it's a political decision, not on based on principles."

Wednesday is the final day of hearings on this matter.  A final decision is expected in June.

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