US Supreme Court Upholds Affordable Healthcare Act
US Supreme Court Upholds Affordable Healthcare Act
http://jessescrossroadscafe.blogspot.com/2012/06/us-supreme-court-upholds-healthcare.html
The vote is out and it is 5-4 in favor of the constitutionality of the US Healthcare Reform Act.
Chief Justice Roberts provided the 'swing vote' in viewing the individual mandate as a 'tax' rather than accepting the Commerce Clause justification which Reich had thought would carry. Justice Kennedy dissented, staying with the Republican appointees on the bench. I am sure Antonin Scalia will provide an entertaining dissenting opinion.
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As it evolved the law was considered a betrayal of Obama's base by the progressive voters who strongly favored the expansion of single payer. This inhibits its acceptance by a broad swath of the public as it is a sort of awkward compromise, still containing some rather popular facets such as inclusion of older children, the striking down of predatory pricing, and the refunding for excess profits. In essence, the law seeks to turn the health care monopolies into managed utilities.
Robert Reich was very close in his prediction yesterday of how this would come out. Roberts was concerned that another blatantly political ruling would undermine the credibility of his court and his legacy.
I should remind the read that this interaction between the Administration and a conservative Supreme Court is a remarkable replay of the 1930's, in which the Court, packed with the legacy of prior Republican administrations, repeatedly struck down elements of the New Deal.
I think the most reliable forecast is that rational discussion will continue to decrease, while polarized hysteria will dominate much of the commentary and most of the conversation.
All this is of most interest to us because of its significance on the inability to generate economic recovery.
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More at link.
FDR's new deal did not come easy or fast. He had critics on the left and right and tried to bring change during a global economic crisis not unlike the one we suffer today. HCR is not perfect, desperately needs to be improved, but is a step in the right direction.
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