Constitutional arguments on healthcare law repeal still not adding up

This morning’s Reno Gazette Journal Op-Ed page was one of those all too rare but welcome days when the lightbulb came on … they truly ‘get it’. In this case it was about efforts to repeal the hated ‘Obama-care’, otherwise known as the Affordable Healthcare for America Act of 2009 on constitutional grounds.

Governor-elect, Brian Sandoval was reportedly all aglow - or atwitter - over the recent ‘decision’ by a Virginia judge, in lockstep with the Virginia Attorney General, contending that the law is unconstitutional because of the individual mandate that requires citizens to buy health insurance, if it is not otherwise provided them by their employer or the state.

You might hope that Brian Sandoval has bigger issues to grapple with. But maybe not.

When it all went down last year, I lay awake, my stomach in a knot over this very issue. It was obvious that the ‘individual mandate’  would be one of the worst calamities to befall our democracy. Worse than the worst hate crimes. Worse than Jim Crow. Worse than the war in Afghanistan. Worse than the Wall Street collapse. Worse than …. well, just the worst. I heard Glenn Beck say so. And, he should know. The Cato Institute told him so via his tinfoil helmet.

Brought down to a local level, the individual mandate seems to work reasonably well in most states - you are required by law to have auto insurance if you drive a car. Has this wrecked democracy as we know it? Not the last time I checked. Yes, there are those scofflaws that won’t buy insurance - probably the same folks with teabags dangling from their TriCorne hats. They’re probably staying awake nights, too - trying to figure out how not to pay income taxes and protect themselves from imminent home intrusion by United Nations troops.

But in the absence of the rational solution - a single payer system - it was the best that we could do. The individual mandate requires everybody to be a part of the system, since that’s what makes insurance work. Spreading risk over the widest and most diverse possible pool of members. The largest number of uninsured were in the age group from 19 and 29. This segment, like those who’ve come before, thinks they’re bullet-proof. It’ll never happen to them, and it usually doesn’t - unless, like me, you’re on a cross-country ride and the horse falls down a crumbling embankment. On top of you. Ouch. That was a long recovery. Broken in nine places. But mostly, the young are the ones that help keep the costs down for those of us who managed to survive long enough to get old. Older, I mean.

The truly ironic part, was that a wide variety of businesses and well-financed politicians were proponents of the individual mandate - they could smell the enhanced profits that would be coming from nearly 50 million new customers.

Unfortunately, what the law didn’t address, is how the individual mandate would weigh unfairly upon the backs of the working poor. There’s always that segment caught between having enough to buy insurance with a decent, reliable paycheck (in short supply these days) and those broke enough to be on Medicaid or other public assistance/subsidy program.

Poliiticians from both sides of the aisle were able to turn a blind eye to that ‘problem’ in their rush to stifle discussion of a public option and pass something … anything. Besides, the news media’s fascination with the far sexier story of ‘death panels’ was way more entertaining!

But the individual mandate was a success in Massachusetts, under a very ‘conservative’ Governor, Mitt Romney, of all people. The rates of insured went way up, the rates of uninsured went way down. “It’s worked out better than I would have guessed,” said MIT economist Jonathan Gruber, who serves on the board of the Massachusetts program. “We didn’t anticipate the increase in employer-sponsored insurance.”

Don’t you just hate it when Commie-Pinko- Slippery Slope Socialism works?

One of the better arguments I’ve read regarding the constitutionality of the Affordable Healthcare for America Act - and the ‘individual mandate’ comes from The New England Journal of Medicine.

Read it here:

Perspective

The Constitutionality of the Individual Mandate for Health Insurance

NEJM | January 13, 2010 | Topics: Health Law

Jack M. Balkin, J.D., Ph.D.

Once President Barack Obama and Democrats in Congress have passed a health care reform bill, conservative groups are likely to challenge parts of it as unconstitutional, arguing that it oversteps Congress’s powers. A key target will be the individual mandate, which is designed to coax uninsured persons into purchasing insurance.

The term “individual mandate” is misleading for two reasons.

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Friday Fish Wrap: February 19, 2010

It’s been an awesome week of Olympics coverage, and it’s particularly great to be able to cheer for a ‘hometown’ girl - Julia Mancuso of Truckee, California. For those of you not from around these parts, that’s just about  30 minutes up the road from Reno, Nevada.

Unlike past Winter Olympic years, the work schedule hasn’t allowed me to ski my brains out in support of the team effort. Yesterday and today, however, I did get in a fairly decent 10 mile bike ride - bundled up, course, since it’s not that warm at 0930. It’s ‘brisk’.

Here’s a nice bit of news on the healthcare reform front: There’s been quite a bit of new steam behind the failed Public Option of late. Senator Christopher Dodd’s decision to call it a day bodes well for his being able to stand up for what the American people really want - which is a Public Option and a freaking healthcare reform bill.

Just this afternoon, Senate Majority Leader Harry Reid issued a statement that he would support not only the Public Option - which he’d always been in tacit approval of - but also the use of the reconciliation vote to get ‘er done.

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"Keep moving toward the finish line..." on health care reform

That’s what Senate Majority Leader, Harry Reid said and he’s spot on regarding the repeated attempts by Ben Nelson to insert highly restrictive abortion language into what appears to be an emerging health care reform bill that just might - might - make sense after all.

Reid’s right. This isn’t an abortion bill, and it would be criminal to derail health care reform over this issue.

Meanwhile, and I hope I’m not speaking too soon, it seems like the Senate is trudging ahead - nipping and tucking - toward a real bill.

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Friday Fish Wrap: November 27, 2009

Did everybody have a great Thanksgiving? Sometimes I think that if you simply survive a holiday with your sanity intact and a full belly, it’s a great one. I keep wondering if I’ll ever meet that perfect family that has no ‘issues’, they all tolerate each others viewpoints and treat each other with dignity and respect. There are no toxic members of the tribe. Everybody laughs off the fluffs and ‘disasters’ as something to put in the collective scrapbook of family memories. And, most unbelievable of all … these wonderful people are the ones we’re actually related to by birth.

More often it seems like the truly special people are not connected to us by genetics, but rather by choice. It may not be ideal, but I’ll take it gladly. With thanksgiving, I’ll celebrate those special persons who are passing through my life quite by accident.

Here are two: 

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Get the facts from Senator Harry Reid on healthcare reform

Senate Majority Leader, Harry Reid, (D-NV) has crafted a concise new e-newsletter for anybody wishing to get the latest information on healthcare reform, the myths and mythbusters, links to the bills themselves (in case you want to get the information for yourself rather than radio dittoheads) and much more.

I encourage everybody who is interested in this important issue ( and if you’re breathing you should be interested … this is of vital importance to us all) to sign up, regardless of whether you live in Nevada.

Whether or not you like or support Senator Reid, I can tell you that the information regarding the healthcare debate on his website is accurate. Think about it… if it weren’t Progressive Dems like yours truly would be all over it, pointing out the inconsistencies or mis-steps.

Sign up today.

A few quick hits to start the week off

The Senate Finance Committee version of health insurance reform is going to be voted on again Tuesday and I am, unfortunately, able to calm my eager heart. I think that the thing - health insurance reform - is going to hang together with some sort of a half-baked public option. The Republican backlash and fury machine peaked too early to do real damage, and the few Blue Dog Democrats who hate the whole thing are going to also hate being the only ones standing there with with ‘Nay’ votes denying cloture and preventing Democrats from ownership of the most important legislation since Medicare.

There was safety in numbers back in 1993.

We’ll get a product, albeit a flawed one. It’s beginning to sound like an opt-out public option may hold the day. What a lame idea, that. The very states that would opt out are those that need competition the most, but like Blue Dogs they’ll get tired of looking stupid eventually, especially when their business and industry figure out that they can move, going where their employees can get a reasonable deal on health insurance

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Friday Fish Wrap: September 11, 2009

Listening to the great speech by Obama last night and the outburst by the child sitting in Rep. Joe Wilson’s seat, got me to thinking. This man looked genuinely pissed off. He really does believe that crock about illegals being able to milk the health care system. This reminds me of the wild emails I get from friends, with all the SCARY CAPITAL LETTERS warning me of the dire virus that’s about to attack my computer, my dog and melt everything in my freezer.

It takes me all of about two minutes to find out on Snopes or elsewhere that it’s all bogus.

Then why can’t or won’t a sitting member of Congress do the same? Does he really prefer to get his information from viral emails? Or perhaps Glenn Beck?

Illegals gaming the system?

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Bill Moyers: the conscience of a country

NOTE: the link to the first video has gone, since the video was removed apparently, from youtube. I’m currently in process of downloading, processing and reuploading to youtube under First Amendment protection - for my readers right to know and be informed.

Stay tuned …. be patient …

Okay, it’s on … please send this link to as many folks as you can. It’s just that important! Thanks, for your patience and support.

This is one of the best interviews Bill Maher has ever done. Again, I wish Moyers had decided to run for office…

Moyers elegantly dissects how the Democratic party has, indeed, become the biggest impediment to reform in this country, and perhaps the most tragic player in it’s own demise.

You must watch this interview, and then make sure that all your friends and relatives watch it. Send them the links, please.

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AARP Healthactionnow.org: Get the facts on health care reform

AARP and their other site HealthActionNow.org have a lot of great articles and information on the myths surrounding health care reform that are viral now, being passed around by right wing front groups and their minions that have been planted in Town Hall meetings.

Challenge your assumptions!

Get the real facts. And please, the next time somebody over the age of 60 tells you that the government shouldn’t involve itself in healthcare, ask them when they plan to dump Medicare, or their VA medical benefts or military TriCare benefits for straight private sector insurance.

Five will get you ten they won’t…

Healthcare reform: all is not lost, but could be

It was depressing to see Congress wander off for summer vacation and not have a healthcare bill to show for it. They should have all been forced by the taxpayers to stay after school and do the work. I agree, for the most part, with Robert Reich in his assesment:

“Every day that goes by without a vote in the House or Senate on universal health care makes it less likely that major reform will occur, because (1) opponents have more time to stir up public anxieties about it; (2) Democrats up for reelection next year come ever closer to the gravitational pull of the midterms, and grow increasingly worried about voting for a bill that could be a political liability in a year when unemployment may well reach double digits and the electorate is restless and unhappy; and (3), as a result of the first two, proponents increasingly have to rely for support and cover on industries like Big Pharma and insurance, as well as physician specialists and equipment suppliers, none of whom have any interest in fundamental reform but all of whom see possibilities for making more money out of whatever bill emerges.”

If you’re a regular reader of the maven and meddler, you’ve heard me say it here, too. Give those obstructionist horses’ behinds an inch …

A recent article in The New York Times, however, does point out some areas of consensus that do give one a glimmer of hope. A very, very small glimmer of hope. The salient points are as follows:

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Blue Dogs deal. Sort of.

Well, the vote won’t happen before the recess. That gives those scurilous right wing fringe groups plenty of headway to spout their nonsense, in concert with the Faux News fun house.

According to Blue Dog spokesman, Mike Ross (D-Ark), “The American people want us to slow down, and that’s what we’re doing here.”

Which American people told him to do that? The ones with great health insurance? Or the ones that have been lining all the pockets on the hill with campaign money?

Both, I expect.

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If you want to see costs skyrocket, try doing nothing at all

Whoa boy, were the naysayers as happy as pigs in shit when the Congressional Budget Office came out with a less than happy forecast on the cost of the proposed healthcare reforms. You could just hear the cheering from across this great land of ours.

Yeah, yeah, yeah. It’ll cost another $1.6 trillion to the already ballooning federal budget.

As John Packham points out in yesterdays Reno Gazette-Journal, that is only about 1 percent of the projected total gross domestic product over the same time span, expected to be $187 trillion.

Context is everything in a debate like this. When you cherry pick numbers - out of context - they either become meaningless or fodder for those who only get their news from talk radio.

Let me give you one reason that initiating universal coverage will be so expensive:

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Just in from the Progressive Leadership Alliance of Nevada ...

Help us get 50,000 contacts to Congress today!

Call 1-877-264-HCAN (4226)*

The health care reform bill being voted on in the House this week will save you an average of $2,800 per year.1 That bill says those who make more than a quarter of a million dollars a year should help pay for reform by rolling back Bush’s tax cuts by just 1%.2

Can you call your Representative today and tell them to stand up for health care?

Here is a sample of what you can say:

· Press 1 to be connected to your Representative. You will be asked for you 10-digit telephone number, please each number slowly.

· Please be polite. Ask to talk with someone who can speak to the Representative’s position on health care.

I’m calling from Health Care for America Now to make sure that Rep. _____ knows that we need real health care reform in 2009.

The House health care bill, H.R. 3200, will provide quality, affordable health care for all with good benefits and affordable costs.

Health care can’t wait, please vote for H.R. 3200, America’s Affordable Health Choices Act, before you leave for vacation.

* If you are having trouble getting through on this number, try this alternative number 1-888-436-8427

Thanks for the heads up, Bob! I’ve made my call to Rep. Dean Heller’s office.

maven

Howard Dean on single-payer healthcare

This is a segment well worth listening to, as it was presented on Democracy Now.

“I don’t give a damn about the health insurance people being in business or out of business. I want a system that works,” said Dean, physician, six-term Vermont governor, Democratic presidential candidate in 2004, and former chairman of the Democratic National Committee.

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Friday Fish Wrap: July 24, 2009

“I think the Republicans would like to see us fail.”

Majority Leader, Steny Hoyer, D-Md.

That’s the latest in wisdom to leak out of the steamy backrooms of Congress, as the Democratic cousins fight amongst each other like sweaty, bored kids in the back of the family station wagon. They’re missing the salient concept here of course … yes, the Republicans would sure like to see a huge, resounding failure of any effort toward enacting a modern health insurance system.

Don’t think so? Then watch the following nauseating ad:

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Who did you elect? Congress or 'K Street'?

I just read one of the most scathing rebukes of this so-called healthcare reform bill process, that continues to stumble - like a hapless drunk - through Congress, by Bill Moyers. Here is an excerpt:

“Three out of four of the big health care firms lobbying on Capitol Hill have former members of Congress or government staff members on the payroll – more than 350 of them – and they’re all fighting hard to prevent a public plan, at a rate in excess of $1.4 million a day.”

And, there you have the ‘why’ as in why nothing ever seems to quite get done. Somebody forgot to take down the big ‘For Sale’ sign on the front of Congress.

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Could the healthcare debate get any more inane?

The following exchange, via email, was sent to me by a friend … with the permission of the author to post on the blog.

This legislator is capable of understanding the argument … he just doesn’t want to, and that’s the case with everybody else who still doesn’t seem to be getting it from the decision maker side.

Why don’t they simply step up, since they get it? Because their campaign coffers for the next election cycle are being lined by health insurance companies. This is why they keep on keeping on steering the ‘debate’ toward ideology rather than talking about what is actually needed, defining the goals and how we can best get there.

Folks, the following will be depressing to read, but just remember … campaign finance reform would get a lot of this kind of crap out.

Read on:

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