Monday, April 26, 2010

Health Care Reform Lawsuit...What's Your Opinion?

Before the ink was dry on the Health Care Destruction Act of 2010, several states began filing lawsuits challenging the Constitutionality of the act.

Now, there is no question that the act is unconstitutional. That's not the question. You CANNOT read the constitution (unless you are a lawyer/judge) and conclude after reading it that the federal government has ANY authority to fund health care. Of course, you would also be forced to conclude, if you REALLY thought about it, that Social Security, Medicare, Medicaid, federal funding of education and a whole host of other things the federal government does are ALSO unconstitutional.

Of course, lawyers and judges can't read.

Or so it seems. When they read something, they obviously don't read or understand it the same way that you and I do.

Where I have a problem with the Supreme Court's rulings on the constitutionality of ANYTHING is that they don't really look at the constitution and what its original intent was. They look at everything else. Previous rulings, case law, their liberal agenda, etc.

I've always looked at the constitution as a contract. The American people voted on it (in the 1700's) and it's Amendments (in the years following). What were the writers thinking it meant when they wrote it? What were the voters thinking it meant when they voted on it? There is no way the framers of the constitution envisioned our current government. In fact, our current government, and in particular, our current administration, were precisely the thing they were trying to AVOID when they wrote the document.

So, then, the question, really is this: Does this lawsuit REALLY stand a chance of succeeding. Given the liberal nature of the court and the way they tend to rule on these kinds of issues, my feeling is the Health Care Destruction bill will stand as is. I don't think the Supremes will strike it down. But I'm not a lawyer, and, frankly, I don't follow these kinds of things that closely.

What do you think?


8 comments:

Rock Smash April 26, 2010 at 11:33 AM  

In the history of the US, no entitlement program has ever been overturned when suit was filed on the basis of constitutionality. Ever. These suits will fail.

Makes me terribly sad, because as you point out, Congress has broken the contract with impunity.

The Cookie Blog April 26, 2010 at 3:40 PM  

Such disrespect for the Constitution, one of, if not the greatest document ever written.
Our founding fathers would turn over in their graves if they knew what has happened to our country. They would never accept whats going on, never. Nor should we.

WoFat April 26, 2010 at 3:53 PM  

"Of course, lawyers and judges can't read." I am forced to agree.

Chuck April 26, 2010 at 7:55 PM  

I just don't think the Supremes are going to assert themselves this way.

Tony April 27, 2010 at 9:49 PM  

According to the market-research group Datamonitor, medical inflation is the reason for yearly increases of 8% in health insurance premiums. The steady progress in the development of new drugs, therapies and equipment used to diagnose medical conditions and the resulting costs are an obvious reason for this. This is understandable and everyone wants the latest in diagnostics and treatments. Equipment becomes obsolete with time and invariably the very words newer and improved mean a rise in cost.

fuzzys dad April 28, 2010 at 2:50 PM  

I think the Supreme Court might be looking for payback.After the ambush at the State of The Union speech.

Sober Sentinel May 3, 2010 at 11:28 PM  

While there is no question that the bill is unconstitutional. However, I do not believe the Supreme Court will throw it out wholesale. I find it most likely that the so-called "individual mandate" will be thrown out, with the remainder of the law kept intact. Enough of the law will be kept intact to increase insurance rates and inevitably kill the insurance industry and lead to single-payer health care.

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