Here is the excerpt from Justice Ginsburg’s concurring opinion that references Gov. Chris Gregoire’s amicus brief on health care reform
In a lengthy concurring opinion to today’s majority opinion upholding the Affordable Care Act, Justice Ruth Bader Ginsburg quoted from the amicus brief submitted on behalf of Washington Gov. Chris Gregoire. In the brief, Gregoire cited the state’s failed attempt to reform health care in 1993, a failure she blamed on the lack of an individual mandate to obtain insurance coverage.
Here is the excerpt that cites Washington state and Gregoire’s brief…
But these two provisions, Congress comprehended, could not work effectively unless individuals were given a powerful incentive to obtain insurance. See Hearings before the House Ways and Means Committee, 111th Cong., 1st Sess., 10, 13 (2009) (statement of Uwe Reinhardt) (“[I]m- position of community-rated premiums and guaranteed issue on a market of competing private health insurers will inexorably drive that market into extinction, unless these two features are coupled with . . . a mandate on individual[s] to be insured.” (emphasis in original)).
In the 1990’s, several States—including New York, New Jersey, Washington, Kentucky, Maine, New Hampshire, and Vermont—enacted guaranteed-issue and community rating laws without requiring universal acquisition of insurance coverage. The results were disastrous. “All seven states suffered from skyrocketing insurance premium costs, reductions in individuals with coverage, and reductions in insurance products and providers.” Brief for American Association of People with Disabilities et al. as Amici Curiae in No. 11–398, p. 9 (hereinafter AAPD Brief).See also Brief for Governor of Washington Christine Gregoire as Amicus Curiae in No. 11–398, pp. 11–14 (describing the “death spiral” in the insurance market Washington experienced when the State passed a law requiring coverage for preexisting conditions). Read more »