{"id":2364,"date":"2012-03-27T17:49:25","date_gmt":"2012-03-27T22:49:25","guid":{"rendered":"http:\/\/w0ep.us\/OM\/?p=2364"},"modified":"2012-03-27T17:49:25","modified_gmt":"2012-03-27T22:49:25","slug":"obamacare-goes-to-the-supreme-court","status":"publish","type":"post","link":"http:\/\/w0ep.us\/OM\/?p=2364","title":{"rendered":"Obamacare goes to the Supreme Court"},"content":{"rendered":"<p>[Today&#8217;s run: 2 miles]<\/p>\n<p>A snippet from today&#8217;s arguments about the constitutionality of the Obamacare legislation:<\/p>\n<blockquote><p><strong>Justice Breyer<\/strong>: &#8230;And then the question is when you<br \/>\nare born and you don&#8217;t have insurance and you will in<br \/>\nfact get sick and you will in fact impose costs, have<br \/>\nyou perhaps involuntarily &#8212; perhaps simply because you<br \/>\nare a human being &#8212; entered this particular market,<br \/>\nwhich is a market for health care?<br \/>\n<strong>MR. CARVIN<\/strong>: If being born is entering the<br \/>\nmarket, then I can&#8217;t think of a more plenary power<br \/>\nCongress can have, because that literally means they can<br \/>\nregulate every human activity from cradle to grave.<\/p><\/blockquote>\n<p>They were talking about the &#8220;individual mandate&#8221;, the part of Obamacare that requires everyone to buy a minimim-package insurance policy. Carvin is against Obamacare. He says that the government is trying to make people enter the insurance market whether they want to or not. Breyer was trying to make the point that everyone already is in the market just by virtue of being born. And you see Carvin&#8217;s reply.<\/p>\n<p>The other part I found particularly interesting was this sharp legal argument:<\/p>\n<blockquote><p><strong>JUSTICE SOTOMAYOR<\/strong>: Do you think that<br \/>\nthere&#8217;s &#8212; what percentage of the American people who<br \/>\ntook their son or daughter to an emergency room and that<br \/>\nchild was turned away because the parent didn&#8217;t have<br \/>\ninsurance &#8212; do you think there&#8217;s a large percentage of<br \/>\nthe American population who would stand for the death of<br \/>\nthat child -\u00ad<\/p><\/blockquote>\n<p>Do they teach &#8220;Arguments from Emotional Appeal &#8211; Strawman 101&#8221; in Supreme Court Justice school?\u00a0 Of course the answer to that was no such situation applies.\u00a0 The Congress could easily pass a law which paid unfunded emergency room expenditures from the general fund and then raised taxes to cover the expense.\u00a0\u00a0 But instead, they require providers to take all comers and eat the costs which then get passed along to paying customers\u00a0 (or so the liberal Justices frequently repeated).\u00a0 And to keep the\u00a0 insurance industry afloat they then have to make everyone buy insurance.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>[Today&#8217;s run: 2 miles] A snippet from today&#8217;s arguments about the constitutionality of the Obamacare legislation: Justice Breyer: &#8230;And then the question is when you are born and you don&#8217;t have insurance and you will in fact get sick and you will in fact impose costs, have you perhaps involuntarily &#8212; perhaps simply because you [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-2364","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=\/wp\/v2\/posts\/2364","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2364"}],"version-history":[{"count":2,"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=\/wp\/v2\/posts\/2364\/revisions"}],"predecessor-version":[{"id":2371,"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=\/wp\/v2\/posts\/2364\/revisions\/2371"}],"wp:attachment":[{"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2364"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2364"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/w0ep.us\/OM\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}