In 2010, Charles Fried, who served as Solicitor General under President Ronald Reagan, said that “anyone” who questions the constitutionality of the Affordable Care act “is either ignorant – I mean, deeply ignorant – or just grandstanding in a preposterous way. It is simply a political ploy and a pathetic one at that.”
Yet, in the weekly report, Chairman John Kline (R-MN-02) of the Education and Workforce Committee asks :
In the coming weeks, the Supreme Court of the United States is expected to render its decision on the constitutionality of ObamaCare.
How do you think the court should rule?
A. The entire law is unconstitutional and should be struck down.
B. Pieces of the law should be ruled unconstitutional, but the majority should remain in effect.
C. The law is constitutional and should remain in place.
D. Not sure.
What a waste of taxpayer dollars … but when Chairman Kline has a budget of $5,667,861 for salaries employing 30 employees, they gotta do something … like ask stupid questions.
It was a simple question : How do you think the court should rule?
Yet, the only correct answer is not listed … the Supreme Court should rule based on the US Constitution and established precedents.
Instead Chairman Kline’s survey qualifies the uninformed to answer questions on the merits of whether the Anti-Injunction Act prevents challenges to the Affordable Care Act … or whether the “minimum essential coverage” provision in Sec. 1501 of the act is an impermissible exercise of Congress’s power and can be “severed” from the Affordable Care Act leaving the rest of the act’s provisions intact … or whether Congress has the power “to regulate Commerce…among the several States” considering that the Supreme Court has held that this clause gives Congress power to regulate activities that substantially affect interstate commerce.
It is “grandstanding in a preposterous way” to presume that these survey respondents are qualified to respond to these deep legal questions.
Could the Supreme Court rule that ObamaCare is unconstitutional … sure, they have exerted Judicial Activism before.
And if Judicial Activism occurs, then a valid survey for the Chairman of the Committee responsible for writing that legislation to pursue … you know, should legislation be enacted to :
To prevent health insurers from denying coverage on the basis of pre-existing conditions?
To prevent health insurers to use “community rating” to vary rates based on gender, health status or location ?
Provide that parents be able to continue coverage for children up to age 26 ?
Provide that seniors still be eligible for a “wellness” doctor’s appointment ?
Provide that Medicare Part D “donut hole” continue to be reduced ?
Isn’t the real problem here that some people through choice, or financial capabilities, do not purchase medical insurance thus collectively shifting billions of dollars onto other market participants … the consequences are dramatic … just look at Texas, where one-fourth of Texans don’t have insurance and in Dallas County, that makes one-third of the population.
By ignoring those questions Chairman Kline and his Republican allies are promoting “back to business as usual” … where those that pay (individuals or businesses) continue to see higher and higher premiums.
And what will that say to the “job creators” … you know the small business … well, according to a survey by the Small Business Majority, John Arensmeyer, founder and CEO of Small Business Majority stated “Contrary to popular belief, small business owners do not want the high court to throw out the Affordable Care Act. They see this law as helping everyone have coverage and bringing down healthcare costs—something that has been one of their top concerns for years. We hope Supreme Court justices understand how important this law is to small businesses who need relief from high healthcare costs.”
After learning more about the law, over 800 small business owners 56% of respondents said they would like the bill kept intact with only minor changes. On the other hand, one-third of U.S. entrepreneurs want the nation’s highest court to overturn the law.
The Small Business Majority survey did not cost the taxpayers a dime and learning about the law impacted their opinions … the Chairman with repsonsiblity for Education should know that.