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Operating an ObamaCare ‘Exchange’ Would Violate Ohio’s Constitution

Home - by - November 10, 2012 - 08:00 America/New_York - 6 Comments

Cato @ Liberty

Unconfirmed reports indicate Ohio officials are considering implementation of an ObamaCare health insurance “exchange.” That would be very interesting if true, because operating an ObamaCare exchange would violate the state’s constitution.

Section 21 of the Ohio Constitution provides:

No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system…

“Compel” includes the levying of penalties or fines.

In order to operate an exchange, Ohio employees would have to determine eligibility for ObamaCare’s “premium assistance tax credits.” Those tax credits trigger penalties against employers (under the employer mandate) and residents (under the individual mandate). In addition, Ohio employees would have to determine whether employers’ health benefits are “affordable.” A negative determination results in fines against the employer. These are key functions of an exchange.




  1. Xavier

    November 10th, 2012

    Stupid people. Oiho went blue; they aren’t bound by the Constitution anymore!

    Thumb up +4

  2. solomon

    November 10th, 2012

    “Stupid people. Oiho went blue; they aren’t bound by the Constitution anymore!”

    Exactly…. Ohio should be the first state to go full scale with the new health care laws… and give the people what they obviously want. No doctors, extra extra long lines, limited coverages and death panels. The list goes on but you get my drift.

    Thumb up +2

  3. Commissar M

    November 10th, 2012

    What the above posters said already! A Constitution is only good as long as people are willing to respect and defend it.

    Thumb up +1

  4. BillyShaft

    November 10th, 2012

    So what? Laws are only there to hobble the law-abiding. They do not apply to the progs…

    Thumb up +2

  5. citizenjane

    November 10th, 2012

    How can you be sure Ohio actually went blue?

    Thumb up +2

  6. Mightymike

    November 11th, 2012

    Obama only won in the major cities with a 99% turnout!! No voter fraud here,
    move on, oh look a squirrel!!

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