ObamaCare will only exacerbate problem – it’s a cure worse than the disease

The U.S. Supreme Court decision upholding the president's health care law represents more than just a victory for bureaucrat-run health care: It is a significant triumph for governmental overreach in all its forms.

Besides adding $500 billion in new taxes, the health care law will allow the federal government to claim jurisdiction over American's economic decisions. If it is true - as claimed by both the Supreme Court and the president - that for the good of society individuals can be forced to buy health insurance or made to pay a tax if they choose not to do so, then they can be forced to join a local gym, give up cheeseburgers, or, yes, buy broccoli. After all, these activities can be said to be in the public interest.

But while these actions might help make Americans a healthier people, they would make us far less free. America is the freest country on Earth because our citizens, not our bureaucrats, make their own individual decisions about how to lead their lives. The health care law fundamentally changes that.

This law gives government the legal standing to involve itself in the most private aspects of its citizens' lives. It opens the door for further government dictate: If health insurance isn't off-limits, then what about taxing citizens until they submit and purchase hybrid cars or solar panels? These are all arguably in the public interest, after all.

But that poses a problem: Who determines what constitutes the public interest?

The health care law elevates the whims of the ruling party to the force of law. This is exactly what our Constitution sought to avoid. The Patient Protection and Affordable Care Act rests on top-down government control, and this type of overreach, no matter how well-intentioned, compromises liberty. No one denies that our health care system is in need of an overhaul. We have millions of uninsured residents, and the cost of medical care is soaring. But curtailing our liberty and rationing health care is not the answer. Instituting a massive system of new regulations and taxes will only exacerbate the problem. When bureaucrats control health care decisions, expense, efficiency and outcomes, everyone suffers.

We need reform, but the president's approach is a cure that is worse than the disease.

Republican presidential candidate Mitt Romney understands that the only solution to our health care woes is a market-based one. That's why he will begin the process of repealing ObamaCare on day one of his administration. He has proposed reforms that will align costs with results and promote free competition. He will put the patient at the center of the health care process, allowing hospitals and insurance companies to compete for customers just like any other business. This competition will let the patient make decisions on the basis of cost and quality and will drive improvements in each.

Although I respect the Supreme Court, its decision casts a cloud over the security of our basic freedoms. The court has lost sight of the fact that we have limited government, and that the president and Congress are subject to constraints on what they can impose on the American people. Our Founding Fathers designed a system that was meant to endure. The Supreme Court has chipped away at their vision. Fortunately, the voters will have the last word.

Las Vegas attorney Mark Hutchison was special lead counsel for the state of Nevada in the 26-state challenge to the Patient Protection and Affordable Care Act. He is the Republican candidate for state Senate District 6.