[quote=briansd1]Of course, ocrenter, you’re very right and reasonable.
Sometimes I like to push the envelope of the absurd.
Good piece in WaPo on the point you made about insurance:
An essential element of the Republican strategy these days is that, whenever confronted with an obvious failure of the free market, the correct response is always to try to turn the tables and blame it on misguided government policy. So it was this week when the solicitor general and several justices tried to make the obvious point that one reason so many Americans lack health insurance is that the market is inherently unlike any other in that we don’t deny medical care to sick people who can’t pay for it. It is from this anomaly that springs the “individual mandate,” a requirement that all citizens buy health insurance, to prevent them from becoming free-riders on a system paid for by others.
Rather than wrestling with this obvious anomaly, however, Scalia and Alito simply gave it the old Republican razzmatazz, blaming the government for creating the problem in the first place by obligating hospitals to treat the sick even if they are uninsured and cannot pay for the care. It was the kind of sophomoric logic you’d expect from high school debaters — or a Republican presidential candidate at a tea party rally — not from members of the highest court in the richest country on Earth.
Michael Carvin, the lawyer representing the NFIB, was clever enough to see that this was not going to be a winning constitutional argument. The proper constitutional solution to that dilemma, he explained, was not to shut the emergency room door on the uninsured, but simply require them to buy insurance when they show up seeking emergency care.
Ah, I get it! An insurance market in which nobody has to sign up for coverage until they’re ready to make a claim. Why didn’t Aetna and Kaiser think of that? And if it works for health insurance, why not extend it to fire, auto and flood insurance as well? Scalia and Alito, of course, wasted no time in taking up this brilliant idea.
Personally, I would say this: if the individual mandate is thrown out, it is the federal governments responsibility to challenge all of the laws local and state that guarantee the right to be treated regardless of ability to pay and allow this country to let people die on the streets.
I really am ok with that and the government should make it clear that would be their strategy moving forward.
Btw, the individual mandate has always been a Republican idea, period.
