Health Care Debate Will Continue

While it will be months before we are likely to learn of the Supreme Court’s decision on what all sides are now referring to as “ObamaCare”, it was nice to note that even one high court justice is taken aback by the sheer volume of pages in challenged health care law. Would asking the court to rule on each portion of this massive law amount to cruel and unusual punishment, prohibited by the US Constitution?

The question that was addressed:

Justice Antonin Scalia: “Mr. Kneedler, what happened to the Eighth Amendment?

You really want us to go through these 2,700 pages? And do you really expect the court to do that? Or do you expect us to give this function to our law clerks? Is this not totally unrealistic? That we’re going to go through this enormous bill item by item and decide each one?”

Deputy Solicitor General Edwin Kneedler: “Well…”

Richard Salsman recently wrote for Forbes, “Some or all of ObamaCare may be upheld or struck down when the Supreme Court renders its decision in June, but regardless, notice how no one has bothered to rebut the claim that health care is a “right.” As such, there will likely be no sound remedy in the Court’s decision; providers’ rights will still be violated.”

What if we take Salsman’s position one step further, and ask about the rights of the employer? Regardless of the Court’s decision it will remain the employer who is either expected or required to pay for a very large percentage of out of control health care cost.