7/02/2012

THE JOHN ROBERTS COURT


“A deep respect for courageous intentions and righteous politics courses through Roberts’s college papers” about Webster and others, conservative journalist Matthew Continetti wrote in 2005. As Continetti noted, Roberts was “most eloquent” in describing the “Websterian leader” as “a man of character, a disinterested, self-sacrificing man of wisdom who continually worked with others of his sort to resolve any controversy which threatened national harmony. The man of character did not fight in the thick of political battles, but rather raised himself above the conflict and stilled it through dispassionate compromise.”

That is the kind of leadership John Roberts has just provided his country, his court and, indeed, conservatism.

Chief Justice John Roberts

By Victor M Adamus


The dramatic ruling upholding the Affordable Health Care Act signifies, at least to me, that this is without question a John Roberts Court.  Cast all pass doubt aside, him doing what is good for all Americans helped cement his place in history while addressing the controversial individual mandate as a tax.  The Congress has broad taxing authority and with the swipe of a pen he moved it out of the Commerce Clause to a broader and Constitutional foundation.  The question has always been that if people who can afford insurance refuse to buy it, they free load on the system and push up rates for everyone else.  Now the “slackers” will get taxed 1% the first year of their total income to pay when filing their 2014 taxes in 2015. 

Of course most people with strong incomes will shop for a lower rate than the taxing authority.  Instead of being taxed, they will join the pool available because of the Act and get insured like 66 million other Americans.  But it also has a safety net for the poor which is done through Medicaid, but has to be accepted by States, even though the first four years is 100% free, government subsidized, to encourage states to make sure even the poor can get quality care.  It’s a good Law and there is plenty of room to amend and improve upon it in the coming years.  One might even predict a day when the single payer provision is a part of Health Care.

Seniors and young children, teens who can stay on their parents policy until age 26, have already felt the benefit of the Affordable Health Care Act.  Costs to Seniors paying more for their vital prescription drugs has dropped substantially.  A migraine victim, for example, paying a co-pay for 10 pills at $154 a month under the old monopoly, started paying $6 dollars for the same generic drug when the plan was first started two years ago.  Most Seniors realize a minimum $600 a year savings alone on their medications.  From the day of birth the Act covers all children and those with life long diseases can cover them for life.   It’s a grand step to secure our children’s health care and one that used to put middle c lass families into bankruptcy. 

A controversial part of the Act is the individual mandate.  It was needed to shore up a base so that everyone joins the pool to support those who get sick and have to actually use doctors and hospitals. The mandate was original proposed as a way to encourage people who could afford health insurance but refused to buy it were “free loading” on the system and forcing rates for those who were paying up so high that it was forcing some employers to discontinue a health care policy for their employees.  The new Law will collect 1% of their gross income by the Internal Revenue Service (IRS) when they file their tax returns in 2015 for 2014.  They have the option, of course, to buy at a State exchange a plan they can afford, avoiding the tax for the years they keep the plan.  Some people with low incomes will get credits to help them with a quality health care plan, poor people will be offered a safety net under Medicaid.

Everyone can now be covered with quality health care. 

As you will read, in the next few days, we plan to focus on aspects of the Law both pro and con to help educate those people who haven’t yet read all 3300 pages of the Act.  We will offer facts and also disclose publicly those people who are lying about the plan for political reasons. 

We probably won’t return to the Roberts Court.  The Affordable Health Care Act has been ruled Constitutional.  It is the Law of the Land.  Those who want to repeal it will find millions of people who have been denied affordable health care under the old “for profit” system that only insured people who were healthy, go to the polls in November and vote to re-elect Barack Obama.  A cop-out in the old system was not insuring a child or parent, Mom or Dad, sister or brother, because of preexisting conditions.  Thanks to the Roberts Court, that’s gone.




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