“We agree on the essential point which is that the individual mandate under the current configuration is unconstitutional,” he said, but said “if the entire act is struck down in Ohio, we’ve got 1.9 million non-elderly citizens who have pre-existing conditions, for example, that the protections under the act would go away.”
Yost said he’s more inclined to push reforms such as being able to buy plans across state lines and market–based reforms. The current system, he said, “is an incredibly closed, arcane system.”
“The reason we got involved in this lawsuit is its impact on Ohio and the people I serve,” he said.
He said he is confident that parts of the law will ultimately survive.
“Ultimately, the district court’s decision striking down the entire (Affordable Care Act) is not likely to survive all the way to the Supreme Court,” he said.