The Affordable Care Act (aka ObamaCare) includes a provision requiring individuals to have a certain level of health insurance or pay a penalty. This is commonly called the individual mandate. And is often thought needed for the health care law’s provisions preventing insurance companies from denying coverage to those with preexisting conditions.

Depending on who you listen to there has been either elation or disappointment over the news lately that a Virginia judge has ruled the individual mandate unconstitutional. Of course this one decision and the next judge could support it or disagree but one thing we do know is there will continue to be litigation on this and the issue may end up in the Supreme Court.

Striking down the individual mandate by the courts or perhaps a repeal of this provision would be bad news indeed for those who believe our health insurance system should cover preexisting conditions. It is possible that the individual mandate will be preserved (and some think it likely) but shouldn’t those who believe we should cover preexisting conditions be thinking about a Plan B just in case the individual mandate is out of the picture.