Last week we posted on how Obama’s Affordable Care Act, which would require that every American must have health insurance, has been struck down by a U.S. Circuit Court. However, the Obama administration and 26 states filed appeals against this ruling, and the Supreme Court is widely expected to rule on the appeal this fall.
The fact of the matter is, if Obama’s Affordable Care Act is upheld, it wouldn’t be the first time that the government has forced companies to provide insurance for people. The constitutionality of mandatory insurance has been challenged in courts and upheld at the highest level.
The argument that state-mandated insurance for injured workers was unconstitutional was made after an employee was killed in 1914. The workers’ compensation system, in exchange for requiring employers to compensate employees for work-related injuries, exempts employers from liability beyond the limits of the insurance. Employers in 1914 said the United States Constitution prohibited state governments from forcing employers to buy such insurance. Some even called it socialism. Continue reading