Health Care Plans Post-Passage
by Larry Perrault on March 29, 2010 at 2:08 PM
There is a legal case that has been filed by Attorneys General of so far 15 states. Obviously, the law defies the constitutional rights of both the states and their citizens, in its Medicaid mandates to states and IRS enforced mandate to individuals to buy a health insurance plan, the parameters of which are in fact defined by the federal government. But, we well know that judges and their appointers and confirmers generally today, aren’t constrained by an objective of discerning what the framers of The Constitution intended.
The primary purpose and oath of a judge is to respect and defend The Constitution. So, what we are really talking about with these non-objectivist judges, is that they are not judges at all. In effect, obviating the law of 50 states and defying the fundamentally respect of human life of both the DOI and The Constitution, Roe v. Wade is a paradigm of the dispensability of The Constitution. As far back as the Old Testament, judges did not determine the law but delivered the message of an objective standard. But, that is not a requirement, today. So, it is not unlikely that as liberal observers claim, judges will declare that federal law prevails, even when it is not a question of basic constitutional principle. It looks in that case that the 10th Amendment and The Constitution mean essentially nothing and are fit only as practical tools when they can be used to support one’s own view. Other than that, they are suitable for a museum. So in this sense, wrong as it is, the prospects of success are a crapshoot.
Republicans are solidifying a methodology of running on the intention of repealing and replacing the new health care law. Of course, they would replace it with more free market measures to reduce cost. At this point, it looks to be not only a plausible but an necessary objective for Republicans to advocate and pursue. However, I don’t think Republicans should emphasize what Republicans are doing, but rather what it is necessary for the people to do and hold Republicans accountable to. Their destiny is in their hands. They must deliver a Republican majority in The House of Representatives and hopefully even in The Senate. That requires over 40 Republican pickups of the 257 Democrats up for reelection in The House, if they hold nearly al Republican seats. And, winning control of The Senate would require a pickup of 10 Democratic Senate seats.
As of now, a pickup of 8 looks very possible. Arkansas, Missouri, Indiana, North Dakota, Delaware, Pennsylvania, Colorado, and Nevada. Two more would have to be picked up among Illinois, California where Boxer still holds a small lead, and Wisconsin which may only be possible if Tommy Thomson runs against Feingold. It’s a tough lift, but not tougher than winning Ted Kennedy’s seat in Massachusetts. This health care fight and now law and the way it was carried out are among a handful of the most aggressive things that the federal government has ever done. The Civil War was bigger, but that served to preserve not defy the principles of The Constitution.
But, if such a huge reversal was accomplished running on a platform of repeal and replace, for Republicans to put that message on President Obama’s desk would amount to at least a political cram-down that Obama would show hubris and defiance in vetoing. Even if he did, Republicans could defund many elements of the bill until Obama could be booted in 2012.