Supreme Interference

The Righteous Five of the Supreme Court are reportedly ready to strike down the so-called individual mandate, and perhaps the entire Affordabe Health Care Act of 2010. And for what reason?

According to press reports this morning, certain members of the Supreme Court, such as Justice Scalia, have behaved more as legislators than as justices of the Supreme Court (see The New York Times, for example).

By stretching my imagination, I can conceive of a constitional reason for rejecting a so-called individual mandate. But I can also conceive of a justification for it, at least in a practical sense, in light of the Commerce clause.

What this argument shows, I think, is the weakness of an approach which essentially leaves in place the for-profit insurance companies. By contrast, a policy which would clearly state that health care is a basic human right and should never have been allowed to become "profitized,"
to coin a word, could lead to a humane solution. A true national health service could work in America provided there is strong Presidential and Congressional leadership. This would also require a sane and rational Supreme Court willing to get out of the way.

Whatever the faults of the Supreme Court Righteous Five,* -- and there are many! -- America should be ashamed of putting the health and lives of its citizens on the line to satisfy corporate interests.


*Thomas, Scalia, Kennedy, Roberts, Alito. Note: I am including Anthony Kennedy because of the nature of his questions in this week's hearings.