On Second Thought: The Supreme Court

The Line is drawn, but it has ripples....

The Flower or The Seeds?
The Flower or The Seeds? | Source

The Signature Issue: Obamacare

"The law Congress didn't write."

"The tax that isn't a tax."

"Government mandates they can't impose on the States."

If all that sounds confusing, just be glad you and I didn't have to reach and write the Supreme Court's support and opposition to what has been called "Obamacare"!

How will it affect Election 2012?

Two things are sure: (1) the Democrats and President Obama will point to the court's decision as validating the concept that the present law makes affordable health care available to all Americans; (2) the Republicans, as they will now do in the House of Representatives, will move to repeal the law with the argument that it is bad law, would add to the National Debt, and leads to socialism and socialism's inevitable reduction in individual liberties.

There is a problem which neither side seems to acknowledge: if 30,000,000 more Americans will have some form of health insurance, who until today might not have had, what will happen to the existing strains on America's system of providing quality, modern health care?

Doctors and nurses are not educated and trained overnight. Rural health care already has strains when it comes to providing the same level of medical care that is expected of metropolitan health care providers. How do those newly insured get the promised health care from a system which seems already unevenly distributed, even weak?

And, what can the new health program do to meet the health needs of illegal aliens who will not have the expanded coverage...or, in fact, any coverage at all?

The motives of Obamacare are commendable. The means may be a bigger hurdle than the Supreme Court faced in reaching its ruling on "the law Congress didn't pass" and "the tax that isn't a tax."

The Supreme Court's ruling also said that the federal government cannot use a withholding of Medicaid funds from the 26 State governments which are reluctant to implement the law, as a way of forcing them to comply. That ruling could someday apply to other federal attempts at withholding funds, such as highway funds, education funds, etc., which had been used in the past by the federal government to get states to implement federal programs!

Now it will be up to President Obama and Mitt Romney to explain their own views on executing the law (or repealing it) during a time when the national economy is oh so slowly recovering, with some folks too poor to know what or how they might pay for their part of the required new program.

The 5 to 4 opinions of the Supreme Court justices show the nine justice's clear divisions. The coming presidential debates will examine those clear divisions...and we can only hope make things clearer for the rest of us.


Copyright 2012 Demas W. Jasper All rights reserved.

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Comments 15 comments

win-winresources 4 years ago from Colorado

Yes, Perspycacious-

This will be just one more point of contention in the presidential battle. But, I believe of far less import than both the economy and illegal immigration.

The economy staggers and lurches with no reliable plan or direction. Illegal aliens pour through our borders unimpeded. (As an aside, I wonder how many Americans know that the US welcomes over 1 million immigrants, who came here legally, into citizenship every year.)

Also, the President's moritorium on deporting illegal aliens between the ages of 16 and 31 will have a dramatic impact on the future. 16-31? Sounds like child bearing years. All of which, by definition and rightly, will be legal citizens. This will have an artificial but very real impact on the Country's demographics and among groups that traditionally vote Democratic.

I am certain that this piece of logic was not lost on the President.


Old Poolman profile image

Old Poolman 4 years ago from Rural Arizona

I wonder if they took into consideration the number of Corporations and "friends of politicians" who asked for and received exemption from Obamacare? If it was a good thing, why would anyone want to be left out?

Perspycacious profile image

Perspycacious 4 years ago from Today's America and The World Beyond Author

At last report more than half the states also wanted to be left out! Thanks for the comments.

Mhatter99 profile image

Mhatter99 4 years ago from San Francisco

It is all over the news today. talk about "confuse the populous".

Perspycacious profile image

Perspycacious 4 years ago from Today's America and The World Beyond Author

By November another five people may have actually read the bill. Affordable Health Care, but at what price. No interest charges for the next four months.

cynthtggt profile image

cynthtggt 4 years ago from New York, NY

I am saddened by the belief most Americans have that doctors heal. They do heal - but only if you have a castastrophe like a bullet to the head or are in a car accident, but they do not heal systemic disease. They exploit it for money. Parasitic disease was treated up until 1986, but they took out the science altogether in the differential diagnosis of a patient - even when most domestic parasitical diseases mimick other diseases. Is this a win for liberals? Maybe, but not the uneducated rebellious lot who make up their base. Personally, I am on a mission to protect them, and I will succeed, but intelligence must prevail with statistics and common sense. Please - you young people - stop doing things that will allow doctors to exploit you! And vote for Romney to get this murdousenss population reducing bill demolished once and for all.

Perspycacious profile image

Perspycacious 4 years ago from Today's America and The World Beyond Author

cynthtggt:Congress exempted themselves from the Affordable Care Act because they have a plan they can afford to pay for,it's better than the 99% can afford, and their's is free (though the taxpayers pay for theirs.) ER medicine is fine, but it seems a lot of expensive guessing goes on with the routine care the Democrats say will cut medical costs by catching things early on. Time will tell, but I haven't seen a government program yet that was more efficient by keeping track of who gets it "for free" (usually a false way of selling big projects to enough voters to carry the day.)

Old Poolman profile image

Old Poolman 4 years ago from Rural Arizona

The fact that those who forced this bill on us and then exempted themselves should have waved the biggest red flag we have ever seen. It is like a Doctor writing you a prescription for a new drug, you read the warning labels describing all the possible side effects, and it scares you. You ask the Doctor if he would take this drug. He responds "Hell no, that stuff could kill you."

wba108@yahoo.com profile image

wba108@yahoo.com 4 years ago from upstate, NY

I have a hard time seeing Roberts ruling as anything more than a act of cowardness and betrayal to the American poeple. While it is possible that the motives for Obamacare may have been good, so what its a trajectly misguided law and the biggest tax increase in the history of the world! Remember, most tyrants claim to be on a moral crusade.

Perspycacious profile image

Perspycacious 2 days ago from Today's America and The World Beyond Author

Old Poolman - Here we are years later still kicking both the Affordable Care Act and the Supreme Court "down the road" with now some added hindsight and more hurdles ahead. "Adverse selection" (the sick and very sick signing up, while the healthy stall) has been the biggest stumble that could and should have been predicted when this was first written. The number of available doctors and nurses was a problem I raised even before this was written, and the inequality of rural vs. urban care was one cited here. New we will see what the Republicans can come up with while keeping all this in mind.

Perspycacious profile image

Perspycacious 2 days ago from Today's America and The World Beyond Author

wba108@yahoo.com - How right you were in your comment 4 years ago on this Hub! We can recall that Obama pushed this health care act through the Congress with the claim that it was "not a tax!" Hillary favored it and even had a hand in starting the ball rolling downhill to passage. Then the Roberts Court approved it only because it was in fact a tax, and now the Republicans who unsuccessfully tried over and over again to have it repealed, are left with the job of cleaning it up and still keeping Americans who need its protections covered. You were right on!

Old Poolman profile image

Old Poolman 2 days ago from Rural Arizona

We can only hope that Trump is able to change this disaster into a plan that really works for most everyone.

Perspycacious profile image

Perspycacious 2 days ago from Today's America and The World Beyond Author

Old Poolman - I am hoping along with you, and hoping Congress doesn't mess with my Medicare, and doesn't do things that cost me more for Medicare Complete. I have a son who is an expert in rural health care and feels that nurses, nurse practitioners, and physicians assistants should be doing more of the things that free doctors to devote themselves to what we should really be paying doctors to do.

Getting "most everyone" into a workable plan would solve the "adverse selection" problem.

Old Poolman profile image

Old Poolman 2 days ago from Rural Arizona

There are a few fairly simple steps that could start healthcare down the right path. Opening up the choices for choosing an insurance provider nationwide would go far. Competition would lower the prices quickly.

Perspycacious profile image

Perspycacious 40 hours ago from Today's America and The World Beyond Author

Old Poolman - I am sure that Republicans and Democrats need to become Americans, and then fashion bipartisan, comprehensive health legislation that meets the serious needs of all Americans to be protected against price gouging pharmaceuticals and other runaway medical costs.

Real Americans agree: "If you don't have good health, you've got nothin'."

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