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Guest Commentary

Take off the red and blue jerseys. Missouri should lead in fixing health care

Missouri Attorney General Eric Schmitt
Missouri Attorney General Eric Schmitt

Throughout my public service, including my time in the Missouri Senate, I have fought hard to ensure that the residents of our state have access to quality, affordable and readily-available health care.

In particular, I have advocated tirelessly for those who are most vulnerable: individuals with disabilities and those with pre-existing conditions. After all, as someone who has a child with special needs, I personally understand and sympathize with those who deal with pre-existing conditions themselves or care for someone who has one.

There has been a lot of talk, disagreement and even legal movement in lawsuits relating to the Affordable Care Act, or Obamacare. My charge as your attorney general is to defend the Constitution of the United States and protect the rule of law. And, put simply, I believe the individual mandate provision of Obamacare is unconstitutional.

The federal government was created by the states and has limited powers. Under the Constitution, and even the most expansive view of its Commerce Clause, the federal government simply cannot require individuals to purchase something that they may or may not want. The government can help facilitate the availability of health insurance, but it can’t compel individuals to purchase it by law.

It is that particular issue that a group of state attorneys general, including me, are fighting back against in court — to ensure the Constitution is protected and upheld. And while fixing the law is in the hands of Congress, my job is to protect and defend the Constitution. That is a charge I promise to continue to pursue.

Unfortunately, some have argued the only way to protect individuals with pre-existing conditions is with a law I find unconstitutional. This presents a false choice and is intellectually dishonest. Policies that protect individuals with pre-existing conditions can be crafted within a legal framework that is not unconstitutional. Moreover, we can and should expect that from Congress.

While the debate and legal issues surrounding Obamacare swirl, there must be a concrete fix to ensure that there is absolutely no gap in access to health care for those with pre-existing conditions.

That is why this should be the year that Congress comes together in a bipartisan way to fix the law and protect some of our most vulnerable citizens across the country, including right here in Missouri.

Lawmakers in Washington, D.C., and Jefferson City need to take off their red jerseys and blue jerseys and work together for solutions. They should adopt policies to get health care costs under control, provide the people of our state and our country access to quality care and medicine — delivered by the doctors they know and trust — and ensure that those with pre-existing conditions aren’t left on the sidelines.

The fact is that Congress is inept when it comes to most of the important issues confronting our country right now, but they must come together here. Moreover, I believe in state-based solutions. Missouri has an opportunity in 2020 to lead and find a Missouri solution to help Missourians who need it most.

Eric Schmitt is attorney general of Missouri.

This story was originally published January 16, 2020 at 5:00 AM with the headline "Take off the red and blue jerseys. Missouri should lead in fixing health care."

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