Nine Dunces

In making speeches, the rule is to begin with a joke.

No. I won’t be relying on the old standbys, Thomas and Scalia for this initial one. Kennedy wrote the opinion for the losers minority.

And I quote, “In our view it must follow that the entire statute is inoperative.” They are saying that the entire bill is unconstitutional. Their position would eliminate Medicare, Medicaid and free pedicures for Congress.

Let’s clear up one matter right up front. There is not; there never was a mandate in the Affordable Care Act. That word cannot be found anywhere in that voluminous bill.

Although the bill says there will be a penalty for not having coverage, it also says the government is not to attempt to collect that penalty. Nor, is one to be denied treatment. Another part specifically bars the IRS from attaching your paycheck, putting a lien on your property or taking it or withholding a tax refund. No wonder people are so upset about that diabolical mandate.

Chief Justice Roberts wanted to avoid a 5-conservative 4-liberal split, so he voted with the liberals. He was able to pretend he was against the mandate by calling it unconstitutional but claiming it was really a tax. He got that from an old friend of his on a lower court who published an article recently. Was his friend’s name Noah Webster or Peter Mark Roget?

There are a couple of problems with that little piece of legerdemain. First, no one is permitted to bring a challenge of a tax until that tax has been paid. That is not scheduled until 2015. Then there is the question of whether it is a tax, considering the restrictions placed on enforcing it.

In the future, briefs must be submitted in crayon.

Warning – Another Joke

Herbie Husker doesn’t wear a tricorner hat. Someone needs to tell Supreme Court Justice Antonin Scalia.

In general, the questioning by the Court in the Affordable Care Act case was an embarrassment. As usual, Scalia’s howling was the most noisome and ridiculous.

The self-described brain of the Court was in his usual state – confused.

In what Scalia, exclusively, considered a humorous gambit, he referenced what partisan detractors have termed the “Cornhusker Kickback.” This laziest and most political of all members of the Court in memory had no real intent to ask a pertinent question.

It was a sophomoric attempt to show his supposed superiority over the poor counselors and his mastery of the subject. But, there is no “Cornhusker Kickback” in the act. That was a possible incentive kicked around to seduce Nebraska’s senator. It never made in into the bill.

This, the laziest man on the government payroll, wielded another of the GOP talking points. He didn’t want to have to read the entire act, as he had already rendered judgment before it was passed. He considered it cruel and unusual punishment to read over 2,000 pages, since he can put the entirety of his wit and wisdom on a single square of Charmin.™

Just how long is that document? CNN puts it at 2,700 pages. Fox probably can’t count that high. They give up 2,405. MSNBC counts 2,600. The Government Printing Office says it’s 906.

Take this test. Try writing a comprehensive bill that covers 17% of our entire economy in 10 pages or less.

Sorry, Charlie. Though he probably not realize it, Scalia embarrassed himself and polished his credentials as a political hack.

Lies, Lies and More Lies

Romney says he will repeal but replace. However, he says he will allow people with preexisting conditions to keep their insurance. What? Preexisting condition means a medical problem existing before you have insurance. Then, what do you keep if you don’t have it? Did he just misspeak? No. He opposes a policy of requiring insurance companies to offer coverage to people with preexisting conditions.

Perhaps the real news is that the Supreme Court upheld Romneycare.

The naysayers claim that Obamacare will greatly increase the deficit. Really? The nonpartisan Congressional Budget Office figures there will be a savings to the government of at least $400 billion over 10 years. Of course, Medicare-For-All would save that much a year, each year.

More savings result from improved health. Free checkups and an emphasis on preventive care will make a major difference in overall costs.

It is supposedly a heavy burden on businesses. No. Most of the businesses that can afford to already offer health care, voluntarily. Why? It helps them compete for better workers. It means a healthier staff. It means more productivity from workers happier with their job.

Most small businesses can’t compete in that way. The ACA provides help to small businesses.

Problematic

The Court did something not done in 75 years. It limited the power of Congress. In addressing the expansion of Medicaid, it seems to think that the states have sovereignty. The colonies had no sovereignty. Soldiers from all 13 colonies fought for their freedom. Most soldiers fought in several colonies. None would have gained independence from the Crown if they depended on their own individual resources. Any claim of individual sovereignty is ludicrous.

Texas, California and Hawaii have very weak claims. How could states cut from the Louisiana Purchase establish sovereignty? The immortal cry is, ‘States Rights.’ There is no such thing. States have obligations and whatever authority has been delegated to them. Only people (and corporations?) have rights. Any claims of states rights was settled by the Civil War. Before that war this country was referred to as “These United States.” Afterward it was called “The United States,” with reason.

If only these anti-American politicians were as dedicated to human rights as they are to this states rights crap.

This claim of sovereignty supposedly limits the reach of the federal government. The act provided the most generous federal contributions ever. It offered 100% for the first 3 years. Then 97%, then 94%. I think it settled at 90%. These contributions came with stipulations. The government said that if, after 3 years, a state refused to maintain the expanded number of people covered, they stood to possibly lose all Medicaid contributions. The Court said that violated the sovereignty of the states. Really?

This ruling was worded in such a manner as to not limit it to this one area. Highway funds require enforcement of seat belt laws and speed limits. No more, if this ruling is honored. The government is now limited in establishing criteria for funding of education, hiring additional law enforcement and a host of other programs. Basically, we are no longer a unified nation. We are fifty little banana republics.

The blue states generally pay in more to the federal government than they get back. The red states get more than they pay in. Those living in blue states must give their taxes to those in the red states but with severely limited conditions. This could turn out to be the biggest result of the ruling.

Thumbs Down

The majority are against it. Except for the individual provisions. Three point one million young people get to stay on their parents’ policy until age 26. Even the Republicans were scrambling to do that if the bill was turned down. The same for getting rid of the ‘donut hole’ for seniors drug insurance. The same for coverage for a few million more children.

In fact, when polled on the individual features of the law, support ranges from 56% to 88%.

Then there would have been the question of the billion dollars given to the states to develop exchanges.

No Health Care Reform

Actually, all of this fuss has nothing to do with health care, or its reform. It’s health insurance tinkering. It’s true that 33 million more people get some kind of coverage. But, the important point is that the insurance companies, the hospitals and the drug companies got a much bigger gold mine.

Between 2002 and 2009 health insurance premiums increased 87%.

Between 2002 and 2009 health insurance company profits increased 428%.

The majority of bankruptcies are caused by medical expenses.

Seventy percent of those going bankrupt have health insurance.

I get the strange feeling that something is wrong here.

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