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Official SCOTUS Thread (Prop 8, DOMA arguments)

  • I had lunch at a law school today and the receptionist of the institute I was in broke into our lunch with this news and was crestfallen.Of the six law students and two professors who were in the room, all of them said they weren't surprised. She got pissy with them and one of the professors said that she needed to leave politics out if it, this is just a horribly written law.

    CuseTerp

  • Kaisersayzo said...

    Exactly...it's so easy to say that it's unfair to "force" someone to buy health insurance because on their own monthly medical bills they don't have any break-down of how much uninsured people jacked up their medical bills. I mean people act like the government is forcing fat-a$$ Rushbo to buy HC when in reality it's his underpaid lawn guy that screws us all when that easily treated minor thing turns into a massive bills when dude ends up in the ER. I don't think it's fair that I should have to pay more in premiums because some f*cking morons like to gamble so they can have a few extra bucks for Nascar tickets.

    Um, I could be wrong, but I think neal's post was tongue-in-cheek, designed to illustrate how the rationale of controlling federal health spending could lead to (seemingly) absurd results like legislating how often people have to go to the doctor and what specific tests should be performed.

    Also, I'm pretty sure that Rushbo's uninsured lawn guy's trip to the ER drives up your taxes, not your premiums. Now, when we mandate that everyone have health insurance, then his negligence will drive up your premiums, because just having insurance doesn't guarantee that these people won't still just wait until they have to go the ER to get treated. That's when we'll have to legislate not just that people have health insurance, but how often and in what circumstances they have to go see a doctor, and what the doctor needs to do when they get there. I think most people view that as an absurd result, but it sounds like you're actually in favor of it. I'll give you points for consistency at least, if not sanity.

    MisterNiceGuy

  • No, just having insurance not only gives that person a stake in their own health, but helps keep costs down for everyone because they're paying into the pool. That alone, having relatively healthy people paying into the system, keeps costs down so that, for example, insurers can comply with not discriminating against people with preexisting conditions. That's what this is really about, balancing the high risk people with new relatively low risk people in the insurance pool so that costs stay low.

    I think the idea that (sociologically) people who are insured would be more likely to the doctor for preventative measures is a secondary concern wrt the mandate. I think it's really about the preexisting conditions. That's why I laughed when people said during the process "Hey, let's just agree on fixing preexisting conditions and go from there!" You just can't do that without the mandate.

    PaulUMD

  • This bill would probably have passed muster if there really had been Death Panels in it.

    TheRawDogg

  • so what is the timeline on this hitting SCOTUS? October Term 2011? 2012?

    juuustin

  • sure, most people will eventually use some health care at some point in their life. but for many people, that isn't likely to be this year, next year, or the year after (hell, i have health insurance and haven't been to a doctor, other than the dentist, in about a decade). so how does the government have the right to make them purchase something that they don't want and are unlikely to use -- just so it can take the money they spend purchasing a useless product and give it to someone else with a preexisting condition?

    it's perfectly rational to not purchase health insurance while you're in your 20s and 30s. the vast majority of the time, it's a financially sound decision. how, exactly, is making the decision not to buy something interstate commerce?

    tent84

  • BTW, regardless of this decision, let's not forget how much of a self-serving douchebag the Virginia AG is...

    attachment

    PaulUMD

  • PaulUMD said...

    BTW, regardless of this decision, let's not forget how much of a self-serving douchebag the Virginia AG is...

    he may be the worst person in the world. and this suit has nothing to do with it

    rewsde

  • tent84 said...

    it's perfectly rational to not purchase health insurance while you're in your 20s and 30s. the vast majority of the time, it's a financially sound decision. how, exactly, is making the decision not to buy something interstate commerce?

    You can rationalize not having insurance all you want but its really not that financially sound. One broken bone would result in a cost to you of more than probably 10 years of premiums for a healthy person to obtain some sort of health insurance.

    i'd also argue that younger people when fighting major diseases stay sick longer. An immune system of a 25 year old will fight an infection longer than someone who is 55. Even if the eventual outcome is death in both situations. The 25 year old should Live a greater amount of time and require more care.

    (didn't really answer your final question) but there is a definite flaw in your argument.

    This post was edited by jgdomino on 12/13/2010 at 10:29 PM

    Pic Sigs are for losers.

    jgdomino

  • jgdomino said...

    You can rationalize not having insurance all you want but its really not that financially sound. One broken bone would result in a cost to you of more than probably 10 years of premiums for a healthy person to obtain some sort of health insurance.

    i'd also argue that younger people when fighting major diseases stay sick longer. An immune system of a 25 year old will fight an infection longer than someone who is 55. Even if the eventual outcome is death in both situations. The 25 year old should Live a greater amount of time and require more care.

    (didn't really answer your final question) but there is a definite flaw in your argument.

    Assuming you can afford the cost of the accident/etc, not having insurance is ALWAYS a financially sound decision. Insurance companies don't exist for you to make money. By purchasing their product, you're accepting odds that always favor the house.

    Of course, whether someone can afford the problem is a different story.

    I have a high deductible health plan. My deductible is $5000, which I can easily afford if something goes wrong. To me, it's easily worth the difference in premiums since I'm 31 and haven't been to the doctor for anything other than a tetanus shot since I was in high school. When I was 22 right out of college, I couldn't have afforded $5000 if something had gone wrong, so regular insurance made much more sense.

    tecmoHOOperbowl

  • It's definitely a risk/reward situation. i would bet that for men ages 18-35, the vast majority do not have any sort of catastrophic medical event that requires substantial care, and that the average male will spend far more on insurance for those 18 years than they would on medical care. you're playing the odds, but it's a fiscally sound bet.

    so why should the government prevent them from making that bet? sure, a miniscule percentage of them will cost the taxpayers money. but does that mean that the rest of them are engaging in interstate commerce? hardly.

    tent84

  • tent84 said...

    sure, a miniscule percentage of them will cost the taxpayers money.

    What nonsense. You have no idea what percentage of them will cost the taxpayers money, or how much money. Your assumption is based on nothing.

    It is unacceptable that I should have to pay for someone else's decision to roll the dice because they knew that others would pick up the tab they didnt feel like paying.

    If we were cool to deny uninsured/cant prepay people emergency care it would be fine to not require them to buy insurance. But I'm not seeing the political movement to make that a reality.....

    1thegame

  • The question isn't what is fair or what makes the healthcare bill work or what makes it affordable. It is what does and doesn't the federal government have the power to do.

    neal990

  • Yeah, the key part of yesterday's decision was the finding that there was no logical limitation, so in theory the government could force you to buy other things in the future. It's a fundamental abuse of power.

    frode

  • PaulUMD said...

    How can one in the modern day opt out of the medical market? By choosing not to have health insurance, you are choosing to push the eventual costs of your medical care to everyone else. That's an active choice, that affects not only the well being of the nation but commerce as well. I'm not an attorney and certainly no expert, but I don't understand how this can be deemed unconstitutional.

    I agree 100%. You don't have to get cable, because if you choose not to get cable, that doesn't affect me. But if somebody chooses not to get health insurance and gets hit by a bus, that person is still going to receive medical care and don't think it will get paid in cash by that person.

    Corporations are forced to get insurance too (and we know Republicans think Corporations are people too). Marriott for example self-insures themselves and is held to a very high standard of capital to meet this self-insurance. If you don't want to get health insurance, that's fine. Please deposit $25,000 into an escrow account and make subsequent cost-of-care adjustments so if you get cancer or have a heart attack, you have some funds to cover your costs.

    bmacumd

  • Almost everybody will have to buy shoes at some point in their life. People who buy crappy shoes, or don't replace their shoes regularly, can cause themselves injuries that the American people will have to pay for. Furthermore, the American shoe industry is struggling and going down the tubes. Therefore, the U.S. Government mandates that each American must purchase one pair of American-made shoes per year. This affects interstate commerce because, whenever you don't buy good shoes and then wind up spraining your ankle, we have to pay your medical bills.

    tent84

  • 1thegame said...

    What nonsense. You have no idea what percentage of them will cost the taxpayers money, or how much money. Your assumption is based on nothing.

    I don't know the exact percentage, but I guarantee you that the average person spends more on insurance from 18 to 35 than they require on healthcare. I know this because, somehow, insurance companies make money. They make money because lots of people pay a lot of money for insurance and then don't actually consume much healthcare. It's a reasonable assumption that people 18-35 are the ones for whom this is out of whack rather than, say, people 65+.

    tent84

  • neal990 said...

    The question isn't what is fair or what makes the healthcare bill work or what makes it affordable. It is what does and doesn't the federal government have the power to do.

    This isn't entirely true. Over the last 100 years there powers of our government have grown with the realities and complexities of our civilization that did not exist when the constitution was founded. Just the same that the 2nd amendment allows your or I to own a gun since we potential members of a "well regulated militia" (although in 2008 in the most recent case, the Court upheld the right to bear arms even if you are not a member of a militia). So there is progression in terms of the meaning of certain amendments and clauses.

    Congress and the Courts have allowed the Commerce Clause to expand in its meaning, with the advancements of our Union.

    I have a hard time believing this will ever be permanently struck down and having Ken Cuccinelli (His best quote....."The longer you delay the commencement of sexual activity, you have healthier and happier kids and more successful kids.") being the face of opposition is laughable beyond reproach.

    bmacumd

  • tent84 said...

    Almost everybody will have to buy shoes at some point in their life. People who buy crappy shoes, or don't replace their shoes regularly, can cause themselves injuries that the American people will have to pay for. Furthermore, the American shoe industry is struggling and going down the tubes. Therefore, the U.S. Government mandates that each American must purchase one pair of American-made shoes per year. This affects interstate commerce because, whenever you don't buy good shoes and then wind up spraining your ankle, we have to pay your medical bills.

    Everyone already buys shoes. Nobody opts out and if they do it doesnt stick it to tax payers. Thats what this is about.

    Making up stupid extrapolations that you know have nothing to do with a complicated issue is not a contribution to the discussion. Next time try to make a real point, come up with a real answer or at least pretend to try to address the problem at hand.

    1thegame

  • tent84 said...

    I don't know the exact percentage, but I guarantee you that the average person spends more on insurance from 18 to 35 than they require on healthcare. I know this because, somehow, insurance companies make money. They make money because lots of people pay a lot of money for insurance and then don't actually consume much healthcare. It's a reasonable assumption that people 18-35 are the ones for whom this is out of whack rather than, say, people 65+.

    you dont just "not know" the exact percentage, you dont even know the ballpark. And you sure as hell dont know what it means in terms of actual dollars that fall to the tax payers.

    So in your scenario, insurance companies continue to make money (they always do), 18-35 year olds get free medical care and taxpayers foot the bill. Sweet solution....

    1thegame

  • neal990 said...

    The question isn't what is fair or what makes the healthcare bill work or what makes it affordable. It is what does and doesn't the federal government have the power to do.

    The question is always what is fair and just. Your biggest problem in this thread is that you forget that very basic principle.

    1thegame

  • I think the argument can be made from either side really. Either you are forcing someone to buy something or you're forcing tax payers to pay for irresposible people. I think it boils down to whether you think it's more fair to punish people who do the right thing or punish those who do the wrong thing. Either way the money will get spent but it makes WAY more sense for people to have insurance since that leads to healthier people and less ER visits for primary care.

    9/21/2010...RIP Old IMS.

    Kaisersayzo

  • bmacumd said...

    This isn't entirely true. Over the last 100 years there powers of our government have grown with the realities and complexities of our civilization that did not exist when the constitution was founded. Just the same that the 2nd amendment allows your or I to own a gun since we potential members of a "well regulated militia" (although in 2008 in the most recent case, the Court upheld the right to bear arms even if you are not a member of a militia). So there is progression in terms of the meaning of certain amendments and clauses.

    While I agree that powers of our government have grown, I'd have to say that *some* of them have grown against the limits of the Constitution. The document itself is one thing; whether we abide by it in every instance is another matter.

    The Commerce Clause is one of the vaguest clauses in the Constitution and it wasn't until the late 19th century that it started to be interpreted in the way this individual mandate invokes it. I really think that this issue may be one of the straws that breaks the camel's back...I think we're on our way toward defining its limits.

    frode

  • TortugaGrande said...

    LOL at forcing people to buy insurance being fair or just.

    Well then what is fair? Is it fair to stick the tax payers with the medical bills? What is your solution? Somebody has to pay for the care people receive, right? I mean medical care costs money doesnt it? Who should have to pay?

    1thegame

  • 1thegame said...

    The question is always what is fair and just. Your biggest problem in this thread is that you forget that very basic principle.

    What is "just" also includes what Congress is allowed to do by the Constitution.

    frode