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Tuesday, June 29, 2010

Will the Supreme Court overturn Obamacare?

In San Francisco, they have a program called "Healthy San Francisco" which is really just another tax on business owners. It is disheartening that so many persist in the belief, even the religion, that workers have a right to healthcare from their employer. And, if their employer doesn't provide such healthcare, they are fined. This not only makes such businesses less able to compete, but it also means they will be much more likely to either lay-off people or not hire them at all. Dark though it may be, I look forward to the gnashing of teeth that will soon follow this folly as people lose both their job and their health insurance. Perhaps people will wake up to the reality that it is foolish to get your health insurance from your employer unless you think you will be working there the rest of your life.

However, I am concerned about the precedent the Supreme Court set by refusing to hear this case, which mainly was that such legislation violates ERISA. Certainly, the current lawsuit against the "Affordable Care Act" is very different. It is based on a constitutional challenge to the mandate as well as the differing treatment states will receive. Whereas the San Fran challenge is more of a state's rights issue which suggests that workers do have a right to health care, or at least that states may individually choose to impose such rights. Hopefully, the Supreme Court will see through the bad numbers and false promises and realize that this new health act is unconstitutional and will set a very bad precedent.

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