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Supreme Court Tackling Obamacare Legality

Posted by Steve Markowitz on March 28, 2012

This week the United States Supreme Court took up perhaps one of the most important arguments it will hear in a generation.  The fate of the Obama Administration’s health care plan, Obamacare, hangs in the balance.  From some of the questions the justices threw at Solicitor General Donald B. Verrilli Jr. who represents the Administration, it is questionable whether the legislation will stand.

The current makeup of the Court places four, John Roberts, Samuel Alito, Anthony Scalia, and Clarence Thomas, as conservative and likely to vote against the Administration’s healthcare plan.  On the other side are liberals Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan who will support Administration.  Of concern to the Administration this week must be the position of swing Justice Anthony Kennedy.  The New York Times reported that questions thrown at Solicitor General Verrilli included:

Justice Kennedy – “Can you create commerce in order to regulate it?”

Justice Scalia – “May failure to purchase something subject me to regulation?”

Chief Justice Roberts – Questioned whether the government could force people to buy cellphones.

Justice Alito – With similar logic as Roberts, he questioned whether the government could force people to buy funeral insurance.

This Blog agrees with the Conservative side of the Court.  The government does not have the Constitutional authority to force people to buy products and attempting to do so further travels down a slippery slope that usurps the freedom of Americans.  At the same time, there are other dangerous aspects behind the flawed logic of Obamacare.  This legislation was promoted by the Administration as a cost saving initiative.  It does not take a PhD in economics to understand that adding tens of millions of uninsured Americans to the program will significantly increase costs.  In addition, any time the government gets involved with subsidizing a benefit, the ultimate cost of that benefit substantially increases.

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2 Responses to “Supreme Court Tackling Obamacare Legality”

  1. Jim Mahoney said

    Steve:
    You hit the nail on the head. The idea that this case should even be considered to be close shows just how far the Court has strayed from the Constitution. The notion that the government can compel a private citizen to purchase something as a condition of being a citizen is laughable on its face. I also love how this whole case is being framed by the media. Their template automatically assumes that the liberal justices are correct but that the administration faces opposition from the conservative Justices who have some Constitutional questions about Obamacare. What a concept, Supreme Court Justices who are actually concerned about following the Constitution!

    The fact that Kennedy seems to be asking pointed questions is a good sign. I’m also encouraged that partisans like James Carville are already preemptively spinning that the overturn of Obamacare will be a good thing for the Democrats this fall. It was fun listening to Justice Scalia dismantle the administration’s attorney’s argument like cheap dorm furniture. We need no stronger incentive to go to the polls this November than the thought of Obama being able to appoint 2 or 3 Supreme Court Justices during a second term.

    • Carl Hackert said

      Its become very obvious to this observer that Obamacare was never designed to succeed. Its primary purpose is to wreck the private health insurance with underfunded benefits, costly rules, and a declining membership. Employers and indivduals will find that it is cheaper to pay the fines and go without coverage until they need it since pre-existing conditions will not preclude someone from getting coverage. Struggling companies will be forced to go without or to dump employees into a subsidized government plan.

      Secondly, regulate, tax and consolidate the medical & pharmaceutical and provider industries.

      Third, after some more “brainwashing”, Eric Holder style: create an environment for government-educated & dependent healthcare employees though the student loan program, public’s acceptance of rationing (end of life counseling, death panel rules, birth control, etc.,), create a vocal group of younger supporters who benefit from Obamacare, and give government access to your healthcare dollars through the tax code and electronic methods.

      Finally, upon the collapse of private insurance over the next 15 years except for the very rich, desperate Americans would be accepting of and/or forced into a single-payer government program (Medicaid and Medicare for all). This is exactly what a little-known Obama predicted and advocated in 2005.

      The best hope for America is for the Supreme Court to use the severance principle to strike down the entire law. I fear that they will simply eliminate the mandate.

      Even worse, a disinterested uniformed public appears to have been ever more accepting of big government replacing individual responsibility which is the essence of Liberty. And, with the decline of family values, morality and faith, America is becoming a secular socialist society looking to the debt-ridden government to take care of its decadent lazy citizens.

      We’re doomed to become another Greece!

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