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Affordable Care Act upheld!

The Supreme Court did the right thing after all!

Quite frankly I was expecting otherwise, even though I believe in the Constitutionality of the Act. The Court is pretty damned political these days, and more conservative than not. Clarence Thomas has a blatant conflict of interest, for example, since his wife takes hefty compensation from anti-ACA PACs, but he has no more integrity than shame and wouldn’t recuse himself.

The surprise is that the fickle Justice everyone was looking at, Kennedy, voted with the minority against the Act, while Chief Justice Roberts, whom nobody expected to support it, actually went with the law rather than politics. I doubt that that is going to be a consistent habit for him but I’d be delighted to be wrong. I could deal with conservative Justices if they follow the law, that’s the ideal in fact; it’s the ScAliThomas mode of selectively interpreting to back up your political preferences that appalls me.

The only part that was struck down was the section which cuts existing Medicare funds to the States if they don’t expand Medicare to everone under 133% of the poverty level; the Court ruled that the federal government can encourage states to join the expanded program by providing funds (as it does) but could not punish them for not doing so by pulling existing funding. I kind of agree with that anyway – while there has to be some kind of enforcement mechanism, there are too many rabid Republican governors these days who would be happy to throw their existing Medicare patients to the wolves and abandon Medicare altogether.

So people who otherwise would have lost their new insurance get to keep it, those of us who have it can keep our kids on it up to age 26, people with pre-existing conditions can get insurance, people who contract expensive conditions can keep it, and insurance companies are restricted to spending only a reasonable 20% of their customers’ premiums on non-medical costs such as advertising and profits to shareholders and CEO bonuses.

I’d still rather have Medicare for all, but this is good news indeed!

~ by BT Murtagh on June 28, 2012.

current events, Health Care, Law, United States