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The Equal Protection Clause vs. ObamaCare
right now | Me

Posted on 11/15/2009 11:30:09 AM PST by agooga

Thought experiment:

Ten years from now, the United States has fully embraced universal healthcare and the government is responsible for administering every aspect of medicine.

Two patients' files fall on the desk of a governemnt employee: Both have brain tumours in exactly the same places, and only with heroic attempts will either survive.

One is a 25 year old man. One is an 91 year old woman. With heroic methods each have about a 20% chance of survival.

Since the Equal Protection clause of the Constitution does not discriminate based on age, can the 91 year old woman expect the same life-saving treatments as the man? And if not, does she have a case to sue under the Equal Protection clause?


TOPICS: Business/Economy; Health/Medicine; Society
KEYWORDS: health; obamacare; socialized; universal
Your thoughts welcome.
1 posted on 11/15/2009 11:30:11 AM PST by agooga
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To: agooga
No. Primary tenet of liberalism... Although equality of outcome is is paramount goal, and equality of “protection”, meaning laws apply to all people, equality of handouts is never guaranteed, and indeed, is the very means of control over the people.
2 posted on 11/15/2009 11:36:07 AM PST by The Watcher
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To: agooga

Answer: What makes you think they give a damned about the Constitution? The Constitution in no way authorizes the federal government to take money from one person aqnd give it to another, yet they still do it.


3 posted on 11/15/2009 11:36:08 AM PST by Blood of Tyrants (The Second Amendment. Don't MAKE me use it.)
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To: agooga
Age may have less to do with it than skin color, sex (for the Decider)
and voting record.

>

4 posted on 11/15/2009 11:36:10 AM PST by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: agooga
The idea that they will have the same survival rate is pretty ridiculous.

I've seen several people go through all kinds of tests and operations even though they were terminal...and die a week later having endured additional pain from surgery.

5 posted on 11/15/2009 11:38:07 AM PST by Sacajaweau
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To: Sacajaweau

Then change that to cure rate.

Suppose the cure rate was the same (ignoring that
statistics don’t apply to individuals).

There are death panels in ObamaCARE and RomneyCARE.


6 posted on 11/15/2009 11:40:39 AM PST by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: agooga

The current bill that passed the HOR is a cornucopia of delights for all sorts of different law firms (Not just personal injury firms) amongst the 50 (57 if a dem) States in these United States.


7 posted on 11/15/2009 11:41:18 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: agooga

Treat whichever one votes Democrat.


8 posted on 11/15/2009 11:44:51 AM PST by The Good Doctor (Democracy is the only system where you can vote for a tax that you can avoid the obligation to pay.)
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To: agooga

Unfortunately, the weak link in your hypothetical scenario is the assumption that the Constitution will still exist ten years from now.


9 posted on 11/15/2009 11:46:25 AM PST by DPMD (~)
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To: DPMD

So true. Does it even exist today? They say it does, but I’ve heard otherwise.


10 posted on 11/15/2009 12:33:40 PM PST by agooga (Struggling every day to be worthy of their sacrifice.)
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To: agooga

THe great thing for the Obama administration is that while it is very easy to vote democrat if you’re dead, it is very difficult to sue the government if you’re dead.


11 posted on 11/15/2009 12:53:48 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: agooga

Then lets compare Obamacare, which we pay for, with the congressional care, which we also pay for.


12 posted on 11/15/2009 12:55:48 PM PST by white17x
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To: Diogenesis

For the whole series of Zero dollar bills, go here:

"Flickr Zero Bill Archive"

13 posted on 11/15/2009 12:59:31 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: agooga

The question is moot; in ten years there will be no Constitution.


14 posted on 11/15/2009 1:05:03 PM PST by ThE_RiPpEr.
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To: agooga
Since the Equal Protection clause of the Constitution does not discriminate based on age, can the 91 year old woman expect the same life-saving treatments as the man? And if not, does she have a case to sue under the Equal Protection clause?

There is no Constitutional equal protection for either age or sex based the 14th amendment. Protection will need be statutory in nature.

15 posted on 11/16/2009 8:05:32 AM PST by Smedley (It's a sad day for American capitalism when a man can't fly a midget on a kite over Central Park)
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