How can you support this law which directly threatens the freedom of all Americans? This argument has nothing to do with healthcare. It has everything to do with what the government can and cannot compel you to do. If this law stands, the government can force you into any agreement with any company it wishes. It can force you to engage in any activity it wishes even if you don't want to. That is a scary scary vision of a depressing America.
Well clearly the state governments already can, but the question is if under the Commerce Clause, the Federal Government can. The Supreme Court is going to say no pretty emphatically so your argument will win out for now. However, my view is the same that is advocated by the government in this matter.
The following two statements are agreed upon by BOTH the Government and those challenging the mandate:
(1) Congress has the right to regulate healthcare.
(2) Congress could, in theory, force a person to buy insurance at the point of receipt of the service (eg in ER or at the doctors office) prior to receiving care
Both of these were agreed upon by both parties during the lawsuit (I can look up the audio minute number if you want, or you search the PDF transcript).
Where the two sides differ on is if (3) the purchase of insurance constitutes regulation of healthcare, and (4) if you're not actively seeking out healthcare (e.g not in the ER or at the doctors office), is it true that you are still a participant in the market since you will need healthcare eventually.
I buy the government's argument that the healthcare market is a unique one and you are a participant in the market even though you do not need healthcare at this very moment. And of course the fact is that decoupling the purchasing of insurance from the overall market of healthcare is a very artificial one - this is what was argued by the government and the liberal justices.
However, you of course disagree and that is a legitimate view - especially as at least five, and probably six (see my post above on which six) justices in the court agree with you and not me. So the mandate will fall - I'll listen to tomorrow's arguments as well and report my impressions on whether they will keep the rest of the law and what I think they will do about the medicaid expansion.
Overall as I said, I am quite dissapointed but I hope that this means that it will open the way for a medicare for all eventually. If this law had stood, we would have had private insurance as part of our healthcare system forever. I'm convinced we'll get there eventually as healthcare costs (with or without the bill) get more out of control and more and more people start feeling the insurance crunch. There are 'other' solutions but as the government argued today in response to Justice Scalia's question of why the government can't just say that people don't have to be treated if they can't pay - the social norms of our country have moved past that and wouldn't be acceptable. I think that type of libertarian solution is a pipe dream personally.
In any case, perhaps a bit premature (though I don't think so), congratulations to those who were as passionate as I, but on the other side. I can accept defeat graciously
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But I can still hope that like other issues (e.g gay marriage in 2000 vs. in 2012), this too will have its time. And just like that issue, once the momentum starts, it won't be stopped because people won't see the big deal and eventually it'll become as the accepted norm (like SS, medicare are now).