Health Care Mandate Threatens Progressive Legacy

from truthdig:



Health Care Mandate Threatens Progressive Legacy

Posted on Mar 28, 2012
By Bill Blum


Day two of the historic arguments before the United States Supreme Court on the Patient Protection and Affordable Care Act, otherwise known as Obamacare, is a wrap, and it’s hard to see the ultimate outcome being anything less than a total train wreck for the administration and a long-awaited godsend for the American right.

Topping the agenda on the second of three days of arguments was the constitutionality of the legislation’s centerpiece—the so-called individual mandate that requires virtually all Americans not covered by Medicare, Medicaid or their employer to purchase at least minimal health insurance. Supporters of the mandate say it is vital to offset the cost to insurers of some of the act’s protections by forcing people who might otherwise not pay for or need health insurance to buy into the system. The court appeared split 5 to 4 along party lines, with the majority consisting entirely of Republican appointees prepared to overturn the mandate as exceeding the limits of congressional and executive power. Barring an unexpected turnabout from Justice Anthony Kennedy, who is considered the panel’s sole swing vote, the decision the court releases by the current term’s end will have profound implications not just for the future of health care, but for the future of constitutional law generally.

Given the enormous size and scope of the federal government and the abuses of power it sometimes commits, it’s often difficult to remember that the Constitution defines the federal government as one of limited or enumerated powers. To act, the federal government is required, at least in theory, to tether its action to a grant of constitutional power.

The administration sought to uphold the individual mandate as a valid exercise of congressional authority under the Commerce Clause of the Constitution, which gives the feds the power to regulate commerce among the states. In so doing, the Obama team relied on a long string of Supreme Court precedents, dating back to the 1940s, that have interpreted the clause broadly to uphold a wide array of national initiatives in areas including fair labor standards, civil rights and environmental protection. Along with the power to levy taxes to promote the general welfare (a power also enumerated in Article I and used as the legal basis for Social Security), the Commerce Clause has served as a crucial tool in support of progressive movements aimed at mitigating the meanest features of American capitalism. ................(more)

The complete piece is at: http://www.truthdig.com/report/item/health_care_mandate_threatens_progressive_legacy_20120328/