Tag: ACA

Why We Should Repeal Obamacare and not Replace It with Another Insurance Plan: Thinking Out of the Box for a Health Care Solution

Posted on by Carol A Westbrook

by Carol A Westbrook

Before you, progressive reader, quit in disgust after reading the title, or you, conservative reader, quit in disgust after reading a few more paragraphs, please hear me out. I'm proposing that we repeal Obamacare (The Affordable Care Act, ACA) but not replace it with another medical insurance program. Instead, I propose that we re-think the entire concept of how we provide health care in this country. 110126_obama_sign_health_bill_ap_605

The ACA's stated purpose is "to ensure that all Americans have access to high-quality, affordable health care." Regardless of whether or not you believe good health is a fundamental human right, it is inexcusable for an affluent, first world country like ours not to provide it for its citizens. The good health of our nation is vitally important to its success, guaranteeing as it does a capable workforce, a strong military, and a healthy upcoming generation. However, I have seen the results of Obamacare from many perspectives, including that of a physician provider in a rural community, as well as that of a personal user of both insurance and Medicare. I do not believe the ACA succeeded in meeting its objectives.

It is true that the ACA provided health care insurance for millions of Americans who didn't have it previously, expanded Medicaid for the uninsured, got rid of the pre-existing condition exclusions, allowed our grown adult children to remain on our policies longer, and started the ball rolling on electronic records. These are great results.

GTY-Obamacare2-MEM-161222_12x5_1600But the ACA also caused the cost of health insurance to skyrocket, caused many people to lose their coverage, and, for some, their jobs. It forced many small doctors' practices to close, especially in rural areas, resulting in an overall decline in the quality of care in many regions. It limited patients' choices of physicians and hospitals, separating patients from their longstanding doctors. There were no checks on health care costs, which even today continue to increase. But worst of all, it mandated that our health care would be taken out of the hands of doctors and put into the hand businessmen–the insurance companies.

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Monday, July 2, 2012

America’s Move to the Right

Posted on by Akim Reinhardt

by Akim Reinhardt

John RobertsLast week, U.S. Supreme Court Chief Justice John Roberts stunned much of America. Normally associated with the court’s Conservative bloc, he jumped ship and cast the deciding vote in the 5-4 case of Florida v. Department of Health. His support allow the court to uphold the constitutionality of the individual mandate portion of the Patient Protection and Affordable Care Act (ACA). Popularly known as ObabaCare, the bill requires all but the poorest Americans to purchase health insurance or pay a hefty penalty.

All of Roberts’ usual compatriots, along with the court’s typical swing voter, Justice Anthony Kennedy, vigorously dissented. Not only did they claim that the mandate is unconstitutional, they wished to scrap the entire bill. Had Roberts voted with them, as most observers expected him to, ObamaCare would have gone down in flames. But he didn’t. Instead, he infuriated Conservatives and made (temporary?) friends among Liberals by allowing the bill to stand. And in order to do so, he split the difference.

On the one hand, Roberts remained true to his philosophy of judicial restraint, stating in his decision: “every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.” Furthermore, he steadfastly refused to join the Liberal wing in signing off on the bill’s constitutionality under the commerce clause; Congress, he maintained, most certainly cannot compel Americans to purchase health insurance. In these respects, at least, wore Conservative garb. However, Roberts did allow that in this case, the government's fine on individuals who buck the mandate, could be interpreted as a tax. That was a particularly liberal reading of the bill, pun intended, given that for political reasons the ACA’s architects had been careful to not to call the penalty a tax. But with that reading, Roberts found a way to join the four Liberal justices in upholding the ACA since Congress’ powers of taxation are well established. Thus did Roberts craft an opinion that eased his Conservative conscience while also allowing a Liberal piece of legislation to stand.

Or did he?

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