In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn't comply with the new requirements, rather than all of their funding.I am quite taken by the fact that Roberts was the deciding vote of affirmation. A pet theory that was bouncing around on Intrade just before the ruling was that Justice Roberts would be, at the very least, cognizant of the historic nature of the ruling, and how it might influence historical evaluations of the Roberts Court. I think historical concerns or not, the Court has affirmed a quite clearly constitutional law, and today's ruling is a positive step towards keeping the United States on the right track to controlling healthcare costs and improving national heath outcomes.
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Thursday, June 28, 2012
The Supreme Court Upholds the Affordable Care Act
The opinion is available here. The vote was 5-4, with Chief Justices John Roberts "deliver[ing] the opinion of the Court with respect to Part III–C, concluding that the individual mandate may be upheld as within Congress’s power under the Taxing Clause". Anthony Kennedy was a part of the dissent, along with Antonin Scalia, Clarence Thomas, and Samuel Alito. Amy Howe of SCOTUSblog writes:
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It is my opinion that the entire vote on the Individual Mandate provision is just another way to disguise what the healthcare "reform", I use the term loosely because the word "reform" indicates an improvement, really is. This is what the general public thinks the entire healthcare bill is all about. I will get back to this point later. What I see is when the side that believes the mandate is constitutional, they believe that the entire bill is constitutional, and in my opinion, it is not. No, I do not believe that the government should be able to "technically" force healthcare on any citizen, but the truth is we have millions of Americans that do not have coverage. Unfortunately, the "affordable" part of this pitch lies on the backs of the Americans that currently have health insurance.
ReplyDeleteWhat I think the general public fails to read into is the way the individual mandate will affect the healthcare system as a whole. We will include millions, let's say 30 million as a rough estimate from reports, of people being added to the healthcare system, with no outlook to an increase of medical providers (doctors). Increasing demand and keeping supply the same will inevitably create a rationing of care and a decrease in availability of adequate (ambiguous term, yes) care. In short, what the majority of Americans have received for care will be no more.
So, how do we expect to make healthcare affordable for the millions of Americans that cannot afford healthcare? This is where we have added provisions of the healthcare system such as the Cadillac tax (yes this is real). For those of you that do not know what this is, it is a provision that adds an additional tax on healthcare plans that exceed a certain dollar threshold for individual care and family care. The theory behind this is that companies will work harder to find better deals for their employees, a bunch of garbage if you ask me. It is a way to create "fair and equal" coverage and to help subsidize "affordable" care for these new additions to the system. Those that are covered under these Cadillac plans are being forced by the government to acquire less coverage or be penalized. But wait, there's more. Cadillac plans offered by unions are exempt from this tax. Now why would the government exempt the unions? Votes!! Union workers are generally democratic voters…
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Now back to what I think this healthcare plan is about that is being disguised by the focus on the individual mandate… There are many many many provisions of this bill that are a complete and utter intrusion on Americans' freedom and lives. The bill includes several programs that require mandatory home visits from government personnel to inquire about your family. The goal is to learn more about parenting skills, child development, and the like. Now imagine what kind of questions might be asked by these government employees knocking on your door. "How much time do you spend with your children?" "what do you feed your children?" "do you have a gun in the house?". Whatever the questions may be, it doesn't matter, these programs are an invasion on Amendments 1-5. Someone entering your home without your permission (hey, it's mandatory)… asking you questions that could be used against you. What if you homeschool your children and the government decides they would be better suited for a government institution?
DeleteThere is a reason that the world's longest reigning communist dictator, Fidel Castro, applauded Obama for this system. Hitler, Lennon, and Castro have all used socialized medicine as ways to subjugate their people. Hitler created a euthanasia program for the aged and unable (euthanasia is addressed in Section 1553 of Obamacare). A decade later, his program create death camps. Now, I am not saying that this administration is headed in that direction, but why give them the power?
The healthcare reform should be completed abolished in its entirety. Enough with focusing on the mandate, think beyond what the media tells you (this includes Foxnews as well). If we try to eliminate "parts" of the bill, it will be the same story as OSEA, where parts were removed, and yet, OSEA continued to grow and grow beyond its original proposal.
And don't even get me started on the burdens that illegals put on our healthcare system...
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