3 thoughts on “Why Obamacare Was Ruled Unconstitutional

  1. This is a very shallow discussion of the health care law and contains a number of factual errors, the most important of which is that it has NOT been declared unconstitutional — at least not in any legally binding manner. So far, two federal judges have declared it constitutional and two have declared it unconstitutional. The opposing judges have agreed to put their rulings in abeyance until the matter is resolved in higher courts. Thus, at this moment, legally speaking, the law is constitutional. We’ll have to wait to see what the Supreme Court says.

    On the matter of car insurance versus health insurance, it turns out that there is a better argument than the one presented here: driving a car is not a right but a privilege, and that privilege is contingent upon buying insurance.

    The real problem here is that we *already have* a really lousy form of public health care: anybody who is in critical condition gets health care, and if they can’t pay for it, the general public pays for it. This is stupid because preventative health care is far more cost-effective than emergency health care — but we make the emergency health care free and refuse to pay for the preventative health care.

    I agree that the individual mandate is a tricky Constitutional problem. On the one hand, there really isn’t anything in the Constitution that explicitly prevents such a provision; on the other, there’s nothing that explicitly permits such a provision. It looks as if we’ll just have to rely on some of those penumbras.

    American health care is the most expensive in the world, and it’s not very cost-effective. This health care law, at 2,000 pages, is predicted by the Congressional Budget Office to lower our overall health care spending. The amount of reduction is not immense, but it’s a start. I expect that we’ll be amending the law for some time. One way or another, though, we Americans must face up to an ugly fact: there ain’t no such thing as free medical care, and we can’t afford to keep everybody alive. We need a rational way to decide who gets care — and lives — and who doesn’t get care — and dies. It’s a decision most people don’t have the courage to make, which is why we’re in such a mess.

  2. interesting – there is a whole lot of backfilling by libs on the Obamacare Constitutionality issue. From Nancy Pelosi’s “are you serious” when asked if there was a consitutional basis for destroying individual freedom to a judge who declares it unconstitutional and says it is null and void.

  3. If the healthcare bill constitutes destroying individual freedom, then I would suggest that individual freedom has already been destroyed by intrusive airport searches, taxes (which take a LOT more money than mandated health insurance), and much of the nation’s security infrastructure.

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