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KEY QUOTE:  "The people of Ohio can prohibit their state government from taking away their health-care freedom, and if they do that by passing Issue 3, the federal individual mandate is more likely to be held unconstitutional by the U.S. Supreme Court."

Issue 3 and Your Health-Care Freedom
The Akron Beacon Journal
By Jack Painter
October 17, 2011

http://www.ohio.com/editorial/jack-painter-issue-3-and-your-health-care-freedom-1.240733

Do you want to keep health-care decisions between patients and doctors and not politicians and bureaucrats? Do you want the freedom to choose the kind of health-care and health insurance that best fits your own personal needs? If so, you can protect your freedom and reject government overreach by voting yes on state Issue 3, the Ohio Healthcare Freedom Amendment.

Issue 3 amends the Ohio Constitution to say the government cannot force you to participate in a health-care system, or prohibit the purchase or sale of health care or health-care insurance, or impose a fine or penalty for that purchase or sale.

At the state level, Issue 3 ensures that future Ohio laws won’t impose a government-run system or take away your freedom to choose your health care or health insurance.

At the federal level, Issue 3 strengthens the argument that a federal mandate to purchase private health insurance is unconstitutional because it exceeds Congress’s commerce power and violates a fundamental right to liberty.

Why is that important? Because the federal individual mandate is an unprecedented threat to your personal freedom.

For the first time in our history, the federal government is claiming the power to force you to purchase a private product for the rest of your life against your will.

The Obama administration believes this is justified in the case of health insurance to prevent you from imposing your medical costs on others. If that justifies a federal mandate, what is to stop the federal government from forcing you to go to the doctor for preventive care or check-ups on the same theory?

And if Congress can mandate your purchase of a private product by saying your decision not to purchase it affects interstate commerce, what are the limits on Congress’s power to force you to purchase other private products?

The opponents of Issue 3 don’t want to answer these questions, so they’ve tried to confuse people by creating three myths.

Their first myth is that Issue 3 won’t accomplish anything because federal law takes priority over state law. The reality: The people of Ohio can prohibit their state government from taking away their health-care freedom, and if they do that by passing Issue 3, the federal individual mandate is more likely to be held unconstitutional by the U.S. Supreme Court.

Their second myth is that if Issue 3 passes, we won’t be able to insure people with pre-existing conditions, provide prescription drug coverage for seniors, or require insurance companies to cover children under their parent’s policies until age 26. The reality: There are good proposals to deal with these problems that don’t include an individual mandate. That’s why President Obama opposed an individual mandate during the 2008 campaign.

Their final myth is that Issue 3 will override existing state laws and prevent new state laws we might need. The reality: Issue 3 doesn’t affect laws in place before the Affordable Care Act, and it allows new laws calculated to deter fraud or punish wrongdoing.

In reality, Issue 3 preserves your freedom to make some of the most personal decisions you can make. It is a way to fight back against inappropriate government control over your life.

When you vote on Nov. 8, remember that a vote for Issue 3 is a vote for health-care freedom.

Painter is a corporate attorney in Cincinnati. He serves on the board of the Ohio Liberty Council and Ohioans for Healthcare Freedom.