I am very nervous about SCOTUS
Remember CFR was supposed to be a slam dunk unconstitutional decision and we know how that turned out
CFR was upheld because Reagan’s biggest mistake (Sandy Day O’Connor) was still sitting on the court. I don’t think we are going to see a repeat of that episode.
There are no slam dunks when a decision is put before the US Supreme Court, otherwise the the issue in question would never have gotten that far.
You and I can see that the “Patient Protection and Affordable Care Act” is clearly not in the best interests of the majority of American people, and would not be in the best interests of ANY large population anywhere in the world. It was written to address some very narrow concerns, almost all of which could be covered without the legislation as written, but in addressing these narrow concerns, huge gaping rends in the fabric of existing law and economic structure are shredded open. The law is being argued as the salvation for the few, without regard to the perhaps irreparable damage that shall befall the many.
We may only hope that the Court rules for the greater good, but case law is a curious thing, and the Constitution is actually mute on much of what the law contains. The Tenth Amemdment is being purposely ignored, or twisted, in such way that any state that RESISTS the application of the law is basically denied already existing benefits.
The “Commerce Clause” has been a catch-all that has also been twisted beyond its original intent. If this clause had been allowed to operate before the adoption of this travesty of a law, then medical insurance companies would have long ago been allowed to operate across state lines, without being impeded by a separate set of regulations each time as operations were being set up in a particular state.
One of the objections to the performance of the medical insurance companies has been that they do not have much competition in most venues, and they are not forced to met true competitive pressures, providing greater services at lesser cost, because of mandates placed upon them, and a series of sweetheart deals whereby they were GUARANTEED a share of the market without having to welcome in any competition.
Let me cite a recent application of the above principle, in the State of Wisconsin. The teachers’ unions had negotiated a deal whereby they would only purchase medical insurance from WEA Trust, an insurance company that existed for the express purpose of its clientele, the teachers’ unions. Along comes the state legislature, and essentially told the teachers’ unions and the school boards of Wisconsin schools, the purchase of medical insurance contracts must be thrown open to ALL carriers of this coverage in Wisconsin, and SURPRISE! Suddenly one of the biggest expenses of local school boards (and a number of state and local government agencies as well) shrank by a wide margin, and budgets at the local and state levels fell by an astonishing amount, greatly aiding in balancing and actually providing a surplus in most venues. The WEA Trust was not driven out of business, but they had to clean up their operations, and start delivering services for the contracted payments they charged. Oddly, their internal balances on the books also showed sharp improvement. Competition has a way of doing that.
What is CFR?