On the way home from PA today I listened to CSPAN's coverage of the Supreme Court in which the merits of Obamacare were argued. Afterwards I was struck by the simplicity of the question involved and what it means for all of us going forward. No matter how many hours of coverage are spent on this, no matter how many pundits chime in with their opinions, no matter how many articles are written for or against the law, it all boils down to this. Does the Federal Government of the United States have the right to make its citizens buy individual health insurance.
In my opinion the Constitution strictly forbids our Federal Government from this type of heavy handedness. My opinion seems to have been bolstered by Justices on both sides of the aisle. Justice Kennedy opined for instance that the government was asking the court to fundamentally change the relationship with its citizens from what exists now. Justice Ginsburg was equally convincing when she attempted on several occasions to fit other types of mandates into this question. On all accounts she failed. For those who did not hear the arguments, one of her points was that the government regulates cars and makes us buy cars that are safe according to Federal standards. I thought the lawyers for the states were clear and succinct in their response to those examples. No one has to buy a car in the first place and that is the central point of the argument. This was the response given on all examples provided by her in one way or another. In asking those questions the justices showed a clear path of how the government would turn a favorable decision into a much broader power grab. It did not take much imagination to see how we could all be forced to eat certain foods, engage in certain behaviors or to have to buy other products all in the name of being healthier. On one point, all of the lawyers and Justices seemed to agree, most Americans will eventually need health care.
I was struck by the simple truth in that statement. "Most" is not all and our constitution was uniquely created to protect the individual from the will of the masses when it comes to personal liberty. It is the fundamental difference between a true democracy and a republic, which is what the United States really is. For instance there was no mention of the millions of people who can pay their own way or of the millions of people here illegally who will not be mandated to pay yet still be eligible for care at the emergency room. I was surprised that point was not made during the arguments but I suspect it will surface soon.
While it may seem reasonable to expect people to pay for their own care in one way or another, I think this law is an over reach of Federal Power and I believe the mandate will be struck down. Time will tell if I am right but God help us all if I'm not.....
