Because the law requires insurers to cover patients with pre-existing conditions, an individual mandate is necessary to ensure that people do not begin paying for insurance only at the moment they need coverage. , Judge Norman Moon upheld the individual mandate because, quoting Thomas More Law Center, In the second decision, Liberty University v. Geithner Judge Norman Moon upheld the individual mandate because, quoting Far from ‘inactivity,’ by choosing to forgo insurance, Plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance.