Supreme Court’s Healthcare Decision: Democrats Should Not Cheer Just Yet


Democrats should restrain themselves at today’s Supreme Court decision.  What the SJC did may have made the healthcare issue more confusing now than ever.  Why?  It ruled that Congress overreached in a part of the law where commerce is concern; that is, the law would have acted as a sort of restriction to free commerce which the Constitution absolutely prohibits.  These are the words that can be found in Thomas’s dissenting opinion.  It is curious, however, that the SJC being 5 – 4 in conservative leanings, had conservative Justice Roberts voting for the measure’s passage.  This could easily be a case of the conservatives of the United States “all or nothing” approach to government these days.  They argued that since the commerce portion of the law was invalid it should have invalidated the entire law.  Roberts, however, it seems felt differently.

What the SJC did say is that Congress could levy a tax penalty upon persons who do not have health insurance starting in 2014.  That is a problem because President Obama has already stated that it is the law’s intent that each state will make key decisions on the enactment of the law within that state.  But not all states have a personal income tax which by default means that the Federal return will necessarily be impacted.  The SJC also said that Congress could not entirely withhold healthcare funds from states that opt to not take part in mandatory health insurance.  How will that play out?  The SJC has effectively made this law a lot more difficult and, possibly, killed it by making its provisions too difficult for Congress to satisfactorily meet.  And that is saying we can even have a Congress that works to make the bill usable.  I believe the Republican Party will simply stonewall participation in making the necessary changes.

What I do not understand more than anything is why the Republican Party is so against affordable health insurance for all Americans.   Mitt Romney, who started this whole thing when he was governor of Massachusetts and successfully lobbied for mandatory health insurance in that state, now has reversed himself 180 degrees.  He has failed to offer a reason.  But the question remains, why would anyone be against requiring health insurance companies to make available affordable insurance to all Americans, and, even more importantly, be restricted from denying young people insurance because of pre-existing conditions, of unreasonably raising health insurance rates when someone incurs a life-threatening illness, and from simply over-charging the tens of millions of present policy holders?  These are questions that have not been answered by those who oppose “Obama-care” as they call it.

I challenge all those who are against the Obama healthcare program to offer what they would do in its place.  Doing nothing is not an acceptable answer as our healthcare system was, and still is, broken.  They are defiantly against socialized medicine as exists in Canada, England, and many other countries, which, by the way, get rated more highly than the U.S. in health care, but I do understand and agree with the sentiment against socialized healthcare.  But short of that what do you propose?

Here is what I suggest to those who persist in being against healthcare reform.  Consider that your wife, your sister, your mother has breast cancer.  Under the present system she will receive the care she needs but she can expect her premiums to go up drastically.  She will also likely face an arbitrary life-time limit, in dollars, to how much the company will cover.  Breast cancer has a very high rate of recurrence even when it is successfully treated.  These limitations and consequences are eliminated under the present healthcare reform.  Kill the reform and retain the conditions.

Most people, as they age, lose bits and pieces of their health to one degree or another.  Medications and treatments become necessary to sustain life at a comfortable and reasonable level.  Simply put, as your grow older your need for comprehensive health insurance becomes greater.  And right now, like it or not, agree with it or not, hospitals and other medical professionals decide the level of care each individual will receive according to that person’s ability to pay.  If you think that is wrong, next time you visit your primary care doctor ask for a candid response to the question.  You will likely be surprised by the response as long as he does not leave with “it all depends.”  You must start at a worst case scenario because that is, in truth, why we all have major health insurance in the first place.  Otherwise we would each simply pay the $150 or so cost of our annual visit and avoid paying a thousand or more dollars a year in insurance premiums.

Should the Government Require People to Buy Health Insurance?


Here in Massachusetts it is already law, yes, you must buy health insurance.  On Massachusetts tax forms you must certify that you have health insurance and provide proof.  If you do not, there is a penalty you must pay.  But is this a good thing?  Is it a legal thing under our Constitution?  Those are the very questions the US Supreme Judicial Court is considering right now.

Republican Governor Mitt Romney was responsible for bringing this law into effect in Massachusetts.  The Democrats since Pres. Obama has been in office have made it their priority to get health care to everyone while the Republicans have been four square against it.  But should the U.S. have a law that requires all American buy health insurance?  That is the question before all of us right now, and it seems a majority of Americans are against this requirement as it now stands.

I have heard that upwards to 40% of all Americans are not covered by health insurance.  But when they get sick, hospitals are required to treat them.  Doctors cannot turn a patient away for lack of health insurance.  Even more, hospitals and doctors supply medication and other items generally covered by health insurance.  These costs are picked up by those of us who have health insurance.

I have always had health insurance.  Even though I am retired I still have health insurance as a part of my retirement plan.  I do, however, still have to pay 50% of the premium but I consider that insignificant when I think of what life would be like without health insurance.  Actually, I do not want to have to think about such a thing but millions of American do have to think of exactly that.  Some, upon retiring, lose company supplied health insurance.  I suspect such people put off retirement for as long as possible.

This particular portion of President Obama’s health care plan is tricky.  It is reasonable for us to expect the 25-year-old who is employed by a company that supplies health insurance to buy it, but he has no requirement to do so.  That means when he is sick or injured he has a right to “free” care at a hospital.  But his bill is paid by those of us who have insurance in our premiums.  But should we require self-employed people and small companies to buy health insurance?  Do we do this to make it fair for the rest of us who do buy insurance and pay the sometimes pricey premiums?

Well, I cannot in good conscience, my Democrat Party leanings not-withstanding, go along with a law that requires someone to buy insurance.  I think it goes against the basics of a free society.  I do believe, however, that affordable healthcare in the form of insurance, is a right the every person in a free society should have.  Right now that is not true.  Regardless, it is my belief that the US SJC is going to declare this part of the health care bill as being unconstitutional, and it should be.

This should bring into focus for the Republican party the absolute necessity for a comprehensive health care plan that covers all Americans without penalizing any portion of Americans as is now true.  Maybe that means hospitals and doctors can turn away anyone who does not have insurance?  That would at least be fair.  Or maybe it means if you are on some sort of public assistance you must be given free care while everyone else must pay?  You see, that is the problem!  How do you resolve getting health care to those currently not covered by insurance without penalizing those who are covered.  The Democrats solution of throwing a lot of money at it or requiring everyone to get health insurance is not the solution.  But the Republican idea of ignoring it altogether, and offering no solution what-so-ever is equally as unacceptable.

We are supposed to be a very intelligent nation.  We are, in fact the richest nation in the world.  But then we are ranked only 37th in healthcare by the World Health Organization.  What this says is that the Democrats have the right idea but the wrong solution and the Republicans need to join the Democrats in finding a solution to this problem even as they, properly, object to the law as it is.  The only moral high ground here is that which includes a solution to this long-standing problem.  Nothing short of that is acceptable.