Full piece here.
Click through for the arguments against the Patient Protection And Affordable Care Act, the Individual Mandate, and legal arguments against Obamacare (libertarians are leading the charge).
In the discussions I’ve had, if someone believes the idea that health-care is a right and not a commodity (some people argue that it is privilege, morally, but I’ll stick to a commodity, as with a commodity you get what you pay for in a world of limited resources), then they are usually supportive of the Law.
If upheld, I believe we would be inviting the government into our lives in a way we haven’t before, granting it the power to tax and penalize us for our very health itself (few things are more important). Because few things are more important, and because so many people do not have access to health care, or do have access but we are providing it to them inefficiently, or because some people abuse the care provided and do not have the ability to manage their lives accordingly, or because health-insurance companies are making end-of-life decisions sometimes based on the bottom line and the profit motive (which is what would happen under the new Law), because we’ve tied health-care to employment, or because costs are rising rapidly for all due in part to technology, longevity, and prescription drugs (all of which would become less available long-term under the law)…the supporters of this Law are willing to overlook the power granted to one group of people (their favored political and ideological interests) over other interests left to pick up the costs.
For many of them, the concept of a right is universal enough to enshrine their thinking into law, and the Affordable Care Act, passed as it is, will do. In digging, I sometimes find much ire against their political and ideological enemies rather than Nature herself, sickness and disease, the natural inequality of human gifts and abilities, and the unequal outcomes we allow in our society. They want the social contract to mean something quite different.
Of course, the idea that the Act won’t lead to greater fiscal insolvency and massive deficits, at a time when two other entitlement programs are increasingly insolvent, is a non-starter. It won’t.
The American Interest has a breakdown of the Supreme Court’s schedule here.
Addition: Richard Epstein has more here. More good coverage here. Price controls will drive insurers to compete to provide worst care for the sick, and destabilize health insurance markets by taking away the means insurance companies use to stay afloat.
Another Addition: The limiting principle.
Related On This Site: From The New England Journal Of Medicine Via CATO: ‘The Constitutionality of the Individual Mandate’From If-Then Knots: Health Care Is Not A Right…But Then Neither Is Property?… From The New Yorker: Atul Gawande On Health Care-”The Cost Conundrum”…Sally Pipes At Forbes: ‘A Plan That Leads Health Care To Nowhere’…Peter Suderman At The WSJ: ‘Obamacare And The Medicaid Mess’…From AEI: ‘Study: ‘Obama Healthcare Reform Raising Costs, Forcing Workers Out Of Existing Plans’