Supreme Court Hearing on the Affordable Care Act

Supreme Court Hearing on the Affordable Care Act

The fate of the Affordable Care Act will be decided by the Supreme Court during six hours of hearings from the 26-28 March. We preview the hearings and outline the key legal arguments on which the decision may rest on.

Next week the Supreme Court will hear oral arguments on the Affordable Care Act. The Act is perhaps the most significant piece of domestic legislation since the creation of Medicare in 1965. The decision has the potential to greatly impact future federal legislation for generations to come. Reflecting its significance, the court has scheduled six hours of oral arguments. And more briefs have been filed than in any other case in the court’s history. At the center of the arguments is the so-called "individual mandate". Opponents of the mandate say it’s unconstitutional. The government says it has precedent on its side. But what really matters is what the court rules.

Guests

Joan Biskupic

Legal affairs editor for Reuters News. She has written biographies on Sandra Day O'Connor and Antonin Scalia.

Ron Pollack

executive director of Families USA, a national non-profit organization for health care consumers.

Carrie Severino

chief counsel and policy director, Judicial Crisis Network

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{Part 4} When, for the purpose of military engagement internationally (and intra-nationally?), the Government contracts in large measure with private security firms, failing instead to maintain or increase the public military services and closing many of our military bases, then we the public by our taxes are forced to engage in commerce with unaccountable private militias. There is nothing wrong with private militias, and there is nothing wrong with private ownership of weapons. But, setting aside the significant inescapable Constitutional issues that are created by assigning larger and larger public military duties to the private sector, it ought not be lost in our minds that OBLIGATORY PAYMENT IS MAY BE A TAX OR A PREMIUM. [Some may quibble and say that one, who choses slavery, has made a free choice, etc. Rubbish.]

When our legislation is written in such ways that great liberties are taken in the deliberate use of technical and paradoxical language, the result is that the simple becomes confused, the public becomes confounded, and our ability to function as a democratic nation is undermined, as our liberties are threatened and even taken away.

"Sausage smells sweet; but, few dare to watch it made." So we often speak of the legislative process. A sausage of pork, beef, turkey, chicken, tofu, and herbs and spices may have all the elements of appeal to the largest demographic and may always be defined as sausage. "Obama-care" is such a sausage, and there is ample opportunity for Congress to tweek the various ingredients and proportions of ingredients going forward. As well, the Supreme Court may find "Obama-care" to be "Constitutionally Supervisable sausage"; if necessary, the Supreme Court may clarify the language of the legislation to have specific meaning, so that the legislation may be found not to violate the Constitution.

March 22, 2012 - 3:14 pm

{Part 5} The making of "Obama-care" was a particularly ugly and disgusting process of "sausage" making. Even so, shall the nation toss out the "baby" with the "bath water" (as the aphorism goes)? The three pillars of "Obama-care" are: (1) universal coverage in order to cover as many as possible and in order to have the largest pool of participants across whom to distribute costs, (2) portability of coverage, in order to enable stability and value to healthcare to all, and (3) elimination of pre-existing conditions clauses in order to fairly distribute costs and in order to eliminate "cherry picking" by the private sector. All or these three main pillars of "Obama-care" work together to free America from it's present status as hostage to the healthcare insurance industry. There is an opportunity that is here and now to free up the logjam of the American economy from it's slavery to the healthcare insurance industry. The private sector can do quite well and probably better under "Obama-care". Political fear-mongering and word-twisting ought not undermine positive change.

Is "Obama-care" perfect? No. Only in the realm of Plato's Ideal is there a perfect form of healthcare. The best we in this world may hope for is decent sausage. One hopes the Supreme Court values decent sausage over a plate of Platonic Idealism.

March 22, 2012 - 3:16 pm

You are correct. It is not a slavery issue. It is a penury issue.

From the moment someone is born, they will be indebted to a private entity. If they don't pay, they are threatened with legal and/or financial penalties.

That is the very definition of penury and the 13th amendment forbids that, too.

March 22, 2012 - 6:37 pm

"Webb Myers wrote:
You are correct. It is not a slavery issue. It is a penury issue.

From the moment someone is born, they will be indebted to a private entity. If they don't pay, they are threatened with legal and/or financial penalties.

That is the very definition of penury and the 13th amendment forbids that, too."

Thats baloney Webb:

Insurance companies like the CEO of Atena were willing to submit plans with other large insurance companies to find a way to cover low income workers. (From Jim Lehrer,PBS) but the Administration did not want anything to do with it.
Furthermore you talk about penury, why don't you look at your own back yard to see how the Federal Government has destroyed the taxpayers coffers resulting in harm to working class people.
1. There is no S.S Trust Fund.
2. Medicare and Medicaid: High percentage of Doctors refer these patients to other because of low pay and a long time to collect.

Definition of Penury is when you are old and retired, all those contribution to the system does not add up to a bag of beans.

March 22, 2012 - 8:34 pm

attn: Indpendent Observer - You are covered by both the VA and probably also by Medicare Part A and perhaps also by Medicare Part B (unless you chose not to accept the optional Part B). The individual mandate requires that those, who have no coverage, must obtain coverage. You already have coverage. It should be clear and obvious that you need not obtain additional coverage. I don't know just who it is you talk to, but, you may be getting incorrect advice. The Affordable Care Act does not dismantle the VA nor eliminate Medicare, both of which are credible coverage.

March 22, 2012 - 10:27 pm

attn: INDEPENDENT OBSERVER - The difference between your body and a car is that your body is a vehicle you only separate from on death (unless of course you are an 'astral traveller'). When you are ready to live your eternal life (that is, when your body is dead) you will not need health insurance any longer (from my lips to His ears). Until then you are assigned by the Good Lord and by The Government as the permanent owner of your body.

As ownership of a car is strictly voluntary, you may not always need automobile insurance; but, you will always need health insurance (that is unless, when you do become rich, you may want to risk losing all your riches to the costs of a possible medical catastrophe).

When we are in good health, we may think we are immortal (and to h-ll with everyone else); not so in the event of ill health, and most of us are far more likely to suffer disability in our lifetime than to be blessed with an immaculate death after an immaculate life.

March 22, 2012 - 10:56 pm

It strikes me that one precedent for federal mandate is the EPA requiring businesses to buy the equipment necessary to meet emission standards at factories. In that case, the federal government is requiring the company to make a purchase, as it would in requiring a person to purchase health care insurance.

And we all know from the court that corporations are equivalent to individuals with regards to rights!

March 23, 2012 - 2:18 pm

Just want to take a moment to educate The Diane Rehm show listeners and website visitors about osteopathic physicians (DOs). During the discussion on Thursday's show, a caller mentioned he visited a DO. He was then asked what a DO is but the question went unanswered and the discussion moved on to other points. We think it is important for everyone to understand that DOs are an option for health care when choosing a physician. DOs are fully licensed to prescribe medication and practice in all specialty areas, from family medicine to surgery. They are trained to consider the health of the whole person and are taught to use a hands-on approach known as osteopathic manipulative treatment (OMT). With OMT, DOs move the muscles and joints through techniques including stretching, gentle pressure and resistance to address a number of health problems from back pain to sinus infections. DOs are covered by health care insurance in the same way as MDs so check with your insurance plan or visit www.osteopathic.org to find a DO in your area.

March 26, 2012 - 11:16 am

Isn't it amazing that all the people against this health care are not at the poverty line. I have an idea, no more free federal and state healthcare for anyone. Everyone pays and lets see if that changes a few minds.

March 27, 2012 - 6:58 am

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July 31, 2012 - 1:42 pm

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