John Chafee’s ghost haunts high court debate over Obamacare
The late John Chafee makes a prominent cameo in this week’s New Yorker, as Ezra Klein writes about how the individual health-insurance mandate went from Republicans’ preferred policy to conservative heresy.
Klein notes the mandate made its first legislative appearance in the Health Equity and Access Reform Today Act of 1993, which Rhode Island’s Republican U.S. Senator proposed in November 1993, during the fight over President Clinton’s health care bill – and it’s been part of the debate ever since:
After the Clinton bill, which called for an employer mandate, failed, Democrats came to recognize the opportunity that the Chafee bill had presented. In “The System,” David Broder and Haynes Johnson’s history of the health-care wars of the nineties, Bill Clinton concedes that it was the best chance he had of reaching a bipartisan compromise. …
Ten years later, Senator Ron Wyden, an Oregon Democrat, began picking his way back through the history — he read “The System” four times — and he, too, came to focus on the Chafee bill. …
What is notable about the conservative response to the individual mandate is not only the speed with which a legal argument that was considered fringe in 2010 had become mainstream by 2012; it’s the implication that the Republicans spent two decades pushing legislation that was in clear violation of the nation’s founding document. …
Senator Orrin Hatch, who had been a co-sponsor of the Chafee bill, emerged as one of the mandate’s most implacable opponents in 2010, writing in The Hill that to come to “any other conclusion” than that the mandate is unconstitutional “requires treating the Constitution as the servant, rather than the master, of Congress.”
Now, 19 years after John Chafee first proposed a federal individual mandate for health insurance, the country is waiting to find out whether the U.S. Supreme Court will declare his idea unconstitutional.
• Related: Today marks the first anniversary of – ‘Chafeecare’ (March 23)
