Politically, Legally, Personally.

February 2, 2011 at 10:45 AM (Uncategorized) (, , )

Regarding the legal challenges to the Affordable Care Act in general and the individual requirement to purchase coverage in particular,  and

From Ezra Klein in the Washington Post

Here are some of the Republican senators who co-sponsored an individual mandate for health care …in 1993 and are still serving in the upper chamber: Bob Bennett, Kit Bond, Chuck Grassley, Orrin Hatch and Richard Lugar.

Here are some of the Republican senators who co-sponsored an individual mandate in the Wyden-Bennett bill, and are still serving in the upper chamber: Bob Bennett, Lamar Alexander, Bob Corker, Mike Crapo, Lindsey Graham, Chuck Grassley and Judd Gregg.

Me: So, okay, let’s say the Supreme’s allow severability and strike down the individual mandate.

Then we have insurance co’s forced to allow patients with pre ex conditions

(Yay) but (allegedly,) unable to sustain their businesses without a mandate of some sort, requiring either individuals or corporations to purchase insurance. ( The Republicans of Today don’t like either one…)  If the private insurance market collapsed due to this…I don’t think the lobbyist’s for the insurers would consider their massive outlay of cash  in the last election very well spent…

Will the insurance companies be “too big to fail?”

I saw Mitt Rommney’s turn on the View yesterday…

His principal argument yesterday was based on the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

His take on it was that only the states could decide individually to set any mandate, and that the federal government cannot.

But, the Feds appear to have mandated several things not explicit to the constitution already, starting with George Washington.

Here is a list times that the  government mandated its citizens to purchase something,

Firearms, liability insurance for nuclear plants, flood insurance, or provide a service. (The Civil Rights Act. ), or the requirement to perform jury service and file tax returns

No one can dispute that insurance is something you buy or sell…

This seems to drag it into this constitutional category:

Article 1 section 8

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

To borrow money on the credit of the United States

To regulate Commerce with foreign Nations, and among the several States,”

Commerce, and commodity have the same root word.  Insurance is a commodity….

If this was merely an intellectual exercise, or a law school mock court decision, I’d have time to be fascinated by the different interpretations…I really am. Part of me just wants to listen to the judges wrangle over this.  Forget partisanship…this is getting into the bones of our founding documents…I love this stuff.

But, conditions on the ground are much scarier in my house since the roommate became one of the uninsured this past Tuesday.  They have no job and no funds.

They have Type II diabetes and asthma…

What was it former representative Alan Grayson said on the House Floor?

Oh, yeah…This:

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