General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWould the Supreme Court be ruling on healthcare reform if a Republican had signed it?
For the purposes of this discussion, pretend that John McCain had won the election (deity forbid) and that he signed a healthcare reform package containing an insurance mandate. (The Republican version of this legislation would be three paragraphs long: paragraph 1 would say every American has to buy health insurance, paragraph 2 would allow it to be sold across state lines, and paragraph 3 would say hospitals are no longer required to provide care to anyone who walks through the door regardless of ability to pay. Anything else would be dictating business practices to the private sector, which of course no Republican would ever do.)
I do not think the constitutionality of this bill would be in question, and I do not think the Right would be bitching about it. Rather, they would be bragging that the government finally made those deadbeats who refuse to buy health insurance take responsibility for their lives. Limbaugh would be happier than a pig in shit that those "Cadillac Driving Welfare Queens" could no longer just haul their sick kids to the emergency room when they got the sniffles and run up "your" health care costs. Bill O'Reilly would love that a Republican was able to do what the Democrats never had the guts to accomplish. And so on and so forth.
In reality, I think the ONLY reasons we see all this anti-HCR shit are because a Democrat signed it and it will cut into the health insurance mills' profit margins. (Think back: FreedomWorks, who started the tea party, is a healthcare industry lobbying shop.)
wiggle-room
(173 posts)uninsured anyway.
gateley
(62,683 posts)would be getting more customers due to the mandate.
So I'm going to vote No.
emulatorloo
(44,124 posts)because of Obamacare. I had a guy complain to me the other day on another board that he no longer makes $250,000 in commissions because of Obama care.
gateley
(62,683 posts)I don't have insurance, but a friend told me yesterday his premiums are going up, so they have to spend 85 percent of MORE dollars on healthcare. The'll manage to limp along.
babylonsister
(171,066 posts)Warpy
(111,261 posts)Not unless the insurance companies brought the case and insisted they remove the provision forcing them to cover the sick. And you know that would be as popular as anthrax.
Of course they're up in arms because a Democrat signed it. They know the mandate to buy insurance is a sensible thing, that it becomes prohibitively expensive unless the young and healthy also pay into it.
This is just a Republican hissy fit. Sadly, it will cost us even the tepid health insurance reform that was passed.
Yo_Mama
(8,303 posts)The various questions that have been raised do go to fundamental constitutional issues, and the interests of those advancing them would not have changed.
emulatorloo
(44,124 posts)Meme promoted by wingnuts. (I.e., the Republican Party)
Johonny
(20,851 posts)so my guess is they would have put it in the court too. The only difference is Scalia and Thomas would be slam dunks for it if it was signed by a Republican. The only reason the case is interesting is because it looks like the court is about to make a political decision rather than one base on precedence. Me I'm worried the justices will severely limit the commerce clause.
boxman15
(1,033 posts)This is driven purely out of hatred for the president.
TheKentuckian
(25,026 posts)if it came from the TeaPubliKlans.
If the government wants a program or a project we have this thing called taxation. It is not supposed to be telling us how to spend our post-tax dollars and is especially not supposed to be dictating that we buy products and services at the election of our employers.
If Congress wants to build a bridge it comes from taxes not from having us first pay taxes and directing us to buy cement and so many pounds of steel.
Regulating freely entered into activity is also considerably different than compelling activity and then regulating it.
Probably someone would be contesting most of us being excluded from the exchanges too. Eligibility being neither age, location, gender, race, nor income related but rather the offerings and size of your employer which has nothing to do with your relationship to the government or you as an individual.
My biggest lesson of the past decade is that partisans are not ideologically honest and most arguments are made to beat the opposition over the head rather than in good faith.
Democrats have shown their hand by changing tunes in regards to the "war on terror", civil liberties, the environment and the disgusting ass TeaPubliKlans find new depths to their hypocrisy on a daily basis for strictly political purposes on their own fucking initiatives from the Deficit Commision to GingrichCare to payroll tax holidays to Cap and Trade and anything else the lying shitheels have ever espoused.
The lack of principles and honor was a shocker for me. I was foolish enough to think these folks actually believe any of the shit they spout off about. For far too many in both parties what is nothing and who is everything.
Snake like bastards. Many of us are actually fighting a battle and far too often you see the pricks going both ways.
Firebrand Gary
(5,044 posts)District_12
(3 posts)The problem with not mandating health insurance along with a cannot deny clause is the fact that some people will not buy insurance until theyre sick. The only way to keep the program solvent is to mandate it or model it after one of the following programs:
"When you are first eligible for Medicare you have an open enrollment period (3 months before, the month of and 3 months after your birth month) when you can sign up for Part B or Part D without a penalty. If you choose to delay enrollment, you will be charged a penalty of 10% per year for Part B and 1% per month for Part D. This penalty is not imposed if you have creditable coverage from an employer, union, VA, etc. If you lose your creditable coverage, you must enroll within 63 days to avoid a penalty."
GeorgeGist
(25,321 posts)doesn't exist.
quaker bill
(8,224 posts)They would have banned employer based plans, and called it the "personal responsibility for healthcare act" or the "healthcare freedom act".
You are correct, it would not have been litigated.
madrchsod
(58,162 posts)this is`t about politics it`s about whether the supreme court can over turn the will of the people. as thom harmon said yesterday...who made the supreme court kings and qeens?
mnmoderatedem
(3,728 posts)and no republican ever questioned its constitutionality. That ought to tell you something.