Thursday, December 16, 2010

Obamacare justly dies

Ah, so much for having to wait for amendments to kill health care. U.S. District Judge Henry Hudson said that the provision that required Americans to buy private health insurance isn't covered under the commerce clause.

First, thank goodness someone said it. Second, I have, myself, remarked about how it is unique in US law to require, without stipulation, that Americans give money straight to private companies. If allowed to pass without incident, it would be one of the foundations of a real corporate state. Rather than the government levying taxation and fees to provide services, it would simply order Americans to patronize a particular industry. The closest thing we've got to that, now, is the need in most states to get private insurance coverage to drive a vehicle on public roads -- but even so, if you own a car you don't need insurance, if you have a driver's licence you don't need insurance, and you don't need to do either. I'm not real fond of car insurance laws, but I understand the historical background and how these laws were put into place during a time when cars weren't seen as absolutely vital . . . and, indeed, even today they're not vital. But a uniform law requiring Americans to feed money into business, basically without exception? *whistles* That's crazy.

Of course, this will go to the Supreme Court, which will kill it. And rightly so. Any possible good would be more than undone by the legal precedent of requiring US citizens to support industry through legislation. Additionally, of course, it wouldn't have worked. Giving an industry a captive audience doesn't drive prices down. Even in the bizarre logic of capitalism, for capitalism to work requires people to have a choice and one of those choices is traditionally not to buy -- it is incumbent on the business to provide goods and services people think are worthwhile. I actually can't think of a position other than outright corporate rule that would favor a law requiring people to support an industry . . . particularly bizarre given the notorious corruption of that business. I don't find myself mourning the passing of a law that was brazen in its illegality and, furthermore, was a bad idea.

Now, perhaps, we can get around to actually getting universal single payer health care for all Americans as possessed by the citizens of every industrialized nation on earth and quite a few non-industrialized nations. For crying out loud, if Mexico can afford it, the US can.


  1. Your dysfunctional family analogy makes insane amounts of sense. Insane because that's what it is.

  2. And obvs. the above comment belonged on the previous entry. But I guess you figured that out ;-)

    As for the above, yes, that is fucking crazy. So I'm glad someone is saying it out loud. And this isn't health care at all, because people who can't afford anything but the smallest coverage won't get any benefit from it - they'll pay and not get anything in return.

    I second your last paragraph for the sake of the US people.

  3. Heaven knows I think it's insane. But I see this crazy stuff like with the Democrats "compromising" with Republicans about the tax cuts and it gets reinforced every time. :p