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The Law itself says virtually no one has to participate in ObamaCare!


Twila Brase, president of the Citizen’s Council for Health Freedom (CCHF) and one of the most educated of Americans concerning the ins and outs of Barack Obama’s Patient Protection and Affordable Care Act, believes the language of the law makes it clear that the overwhelming majority of people do not have to participate in ObamaCare unless they freely wish to do so. Brase writes:

Obamacare has more chinks in its armor than a turtle without a shell. As a result, state governors and legislators can inflict great damage. The following amazing chink was discussed by a Goldwater Institute attorney during a Tennessee-based webinar on Monday (at which I was a panelist). It’s only 10 lines long in the 950-page version of the law:

‘No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendment), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.’

I emailed Twila Brase and suggested that this language indicates that ONLY “health insurance issuers” may escape fines or penalties for not participating in Barack Obama’s signature healthcare takeover. Individuals and businesses who choose to not participate will face crushing fines and penalties obviously designed to FORCE their submission to the will of the left. Certainly, we have already heard of these punitive fines and penalties.

Ms. Brase was kind enough to respond, writing that “lawyers disagree” with my reading of this tiny portion of the law.

Is it possible that we are misreading the language and intent of the law? Does the above sentence actually mean to say that all “individuals, businesses, nonprofit entities and health insurance issuers” who offer group and individual health insurance coverage and refuse participation in ObamaCare will not be fined? That is, individuals who offer group or individual health insurance, businesses who offer group or individual health insurance, etc? Clearly, this would dramatically reduce the number of those who could refuse to obey the ObamaCare law and still avoid punishment.

One thing is certain–it’s difficult to imagine that a radical left at long last politically capable of literally controlling the life and death of 300 million American citizens could be guilty of stating that no one has to obey its commands! How could these power-hungry Marxists manufacture a 2700 page law, bribe and intimidate recalcitrant politicians into supporting it, and then commit such an extraordinary oversight?

Nearly 3 dozen lawsuits designed to take down ObamaCare are now working their way through federal courts. Maybe the question of who must really obey the law will eventually be answered. Until then, we can only hope that Twila Brase is absolutely correct and the creators of ObamaCare have made a monumental blunder.

Photo Credit: Fresh Conservative (Creative Commons)

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by


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