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Saturday, August 13, 2011

Conservative Activist Federal Judges Strike Down Health Mandate, saying "Congress never sought the purchase of wheat or war bonds."

jsonline: "A federal appeals panel struck down the centerpiece of President Barack Obama's sweeping health care overhaul Friday, Chief Judge Joel Dubina and Circuit Judge Frank Hull found in a 207-page opinion that lawmakers cannot require residents to "enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die."

What a bizarre conclusion.

This whole constitutional debate has really morphed into “I don’t have to buy insurance.”

The fact is, we’re never free from our health. It’s always “on” and always a breath away from a costly illness.
Point one: Think about it; “enter into contracts…from the time they are born until the time they die.” Minors are not allowed to enter into contracts, so “from the time they were born…” doesn’t make any sense. Adults (parents) enter into contracts for their children, or leave it to other insurance payers to pick up the tab. We’re free from buying insurance, but at someone else’s expense. That’s the interstate commerce part of the argument.  
Point two: The judges seem to be saying the birthing process is free, and hospital/doctor care is simply a personal choice. 
Point three: The judges are basically saying our "health" bears no financial strain on individuals or society from birth to death. But our need of costly medical care starts when we're born and never ends. Disease, accidents and hereditary problems are ever present and costly to individuals, insurers and society.  
Point four: Without “mandatory” contracts, others in society pay for the gamblers and freeloaders. It’s a drain on society, on the rates people pay and a part of interstate commerce.

Again: We’re never free from our health. It’s always “on” and a step away from an illness and expensive medical care.

But more ideologically stupid, came this jaw dropping statement from the two conservative judges:
Even during the Great Depression or World War II, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods," they observed.

Human health to these judges, and most conservatives, is a commodity, an optional purchase. Such logic assumes we might choose sickness over health someday. Or are they really saying; don't buy costly insurance when you feel great.

The dog whistle message is clear, and on a national level, self-destructive. Freedom means not buying health insurance. If everyone purchased it, arguing over a mandate would be unnecessary. How else could you explain these state AG’s irresponsible comments:
Wisconsin Attorney General J.B. Van Hollen said Friday's ruling "The Obama administration overstepped their bounds when they enacted this unprecedented and unconstitutional law." Michigan Attorney General Bill Schuette called the decision a "huge victory in the fight to protect the freedom of American citizens from the long arm of the federal government." Texas Attorney General Greg Abbott declared: " 'Obamacare' is closer to an end."

And isn't that what this is all about. Health care for all…is closer to an end.

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