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Judge Declares Federal Healthcare Plan (Partly) Unconstitutional
healeyb writes "In a surprise move, US District Judge Henry E. Hudson issued a ruling today that the universal healthcare law that was pushed through by the Obama administration is unconstitutional. Specifically, he invalidated the section of the law that requires all citizens to purchase healthcare insurance, arguing that it does not fall under the purview of Commerce Clause of the Constitution, as has been asserted by the government. The ruling represents the first major setback for President Barack Obama on an issue that will likely end up at the Supreme Court. Two other courts have shot down challenges to the law."
If he had simply put a tax increase in the bill to pay for it, it would be totally constitutional. That was not possible from a political PoV, so they came up with the individual mandate.
IMHO, the fatal flaw with the bill is that it doesn't (as a first step) try the low-cost solutions to fixing our system:
1. Abolish the anti-trust exemptions for health insurers. Yes. You heard me. I bet you didn't even know that so-called "progressives" are so ready, willing and able to ignore one of the key ideas of the original Progressive Era, circa 1900.
2. Price transparency. In most states you can't even check to see if you're being ripped off because price lists are secret!
3. Eliminate provider networks. All insurers must pay the same rates from all providers, and must accept claims from any licensed practitioner.
4. Uniform, standard billing codes.
2, 3 and 4 would combine to reveal the regime in ways heretofore unseen, a veritable Wikileak of our current healthcare insanity. It would also help to eliminate over-billing of our current government programs.
None of these very low cost alternatives got on the table. Instead, not only were the inneficient inscos not punished, they were actually rewarded with the individual mandate! It's just another example of how powerful interests have bought government.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
Quoting Judge Hudson, "At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it's about an individual's right to choose to participate."
The problem with his perspective, is that the eventual goal of universal healthcare is aimed at prevention. Not matter how incomplete the current health care bill is, the eventual goal is to decrease high cost of health care associated with late complications of TREATABLE diseases.
If you are sick right now in this country and you walk into an emergency room, they are obligated to treat you. You can't not be turned down for care if you can't not pay, so long as the care is necessary. So if you can't pay and you have no insurance, somebody's gotta suck up the cost. Doctors, nurses and pharmacists arn't going to work full time jobs for free. Guess who has to pay? The taxpayers, through government giving hospitals checks so they don't go bankrupt.
Now take Billy Bob, he is a 40 y/o truck driver, smokes 1 pack a day. He has no health insurance, so he doesn't see a doctor. No one tells him to quit smoking. He has hypertension, but he doesn't get treated because he feels fine and doesn't see a doctor. At Age 50 he develops diabetes, he feels crappy from time to time but he doesn't see a doctor(no insurance) At Age 58 he has an heart attack, get sent to the ER. They find he can't be cathed, and has to go through a bypass procedure. Except he is also is in chronic renal failure from chronic diabetes and hypertension. To save his life they do a bypass and his kidney is shot for good. He stays in the ICU for 2 weeks sick as a dog after his surgery, because
he has COPD and his lungs won't work. Then he gets to go home but is living on dialysis. At age 60 he has a big head bleed from all the anticoagulants he takes for his heart. He goes back to the hospital and slow waste away after a Tracheostomy and PEG(Percutaneous endoscopic gastrotomy or feeding tube.) He dies six weeks later in a nursing home from pneumonia.
Was his care good? Absolutely, top notch care, they did everything right. Except for the last 2 years his life sucked, and he died a miserable death. What's his cost of care? It's probably more than Billy Bob ever made in his entire life. And taxpayers are paying for it.
So what's the alternative? Billy Bob has insurance, he sees a doctor. He can't quit smoking but at least he start taking his blood pressure pills and his diabetes pills. His first heart attack comes at age 68 but he is not as sick so his bypass goes much smoother. He get scared and finally quit smoking. Great, that's a lot more years on his life, that he can enjoy. A lot more years where he is contributing to society by driving a truck. And as a Tax payer...I like the fact that ten years of blood pressure pill and insulin still cost a hell of a lot less than Emergency Bypass+ICU+Diaysis+Trach PEG and nursing home. I think if Billy Bob had to pick, he'd pick this route as well.
That is why everyone should have insurance. Now the other alternative is stop paying for Emergency Care. Grandma has an appendicitis? No insurance...let her die. You wife get shot in a drive by? No insurance...bleed to death. Your kid came out with some rare genetic disease that's gonna cost tens of thousands to fix? No insurance...good luck. You can crawl to the doorsteps of the ER, and they'll shut the door on you if you can't pay.
But are we ready for this kind of society? I don't think we are...yet.
So since I am a taxpayer, and I have to pay for people who can't pay...I rather pay less. So what is wrong with universal health care? Every dumb idiot out there who isn't covered and seeing a doctor, is making me pay more out of my pocket. Because when they are sick enough, they all come to the hospital.
I disagree with Judge Hudson, it's not about an individual's right to choose to participate. It's about if I have to pay taxes, I like to pay less.
Indeed, I half suspected something like this would happen, and as someone as liberal as humanly possible, I am laughing my ass off.
To recap: We should have had single payer system.
Instead, insurance companies, looking to make even more money, promised to insure everyone...but only if everyone was forced to buy from them, so that the healthy couldn't skip out on the deal.
If the latter part of that gets sentence struck down, insurance companies will have to insure anyone who wants it (I.e, who is currently sick) and then, when healthy, the person can just let their insurance lapse, secure in the fact they can just buy more insurance when they need, because insurance companies can no longer deny insurance on any grounds except failure to pay.
I am fucking rolling on the floor laughing. I mean that literally. I read this an hour ago, and it's taken me that long to stop laughing to comment. I had to make a support call during that, and I had serious difficulty not cracking up during it.
You just utterly fucked yourself, insurance companies. Oh, man, oh man.
I hope the teaparty folks take this as a rallying cry, and regardless of how this goes in the court, yell at their congressmen to remove exactly this part of the law.
If corporations are people, aren't stockholders guilty of slavery?