I’ve been looking for an article that summarizes Thursday’s ruling since Chief Justice John Roberts read it. Holman Jenkins’ op-ed does a great job with that, especially with this:
Congress cannot compel you to do anything Congress wishes, but it can impose taxes on you until you finally have no rational alternative but to do whatever Congress wishes.
History will judge whether Mr. Roberts saved the reputation of the court or lost his nerve. Many conservatives obviously suspect the latter. Resolved: The government cannot make you eat broccoli, though it may levy a non-broccoli-eating tax on any who refuse.
Roberts’ apologists say that he limited the scope of the Commerce Clause, which is technically true. What his apologists haven’t admitted is that his opinion said that a new authority can be used to expand the federal government beyond the limits of the Ninth and Tenth amendments.
A door closed. A new window opened.
Chief Justice Roberts’ opinion essentially said the federal government’s reach is still unlimited. To expand without a limiting power, they’ll just have to use a different method.
There still isn’t a limiting principle that limits government.
The good news is that every penny of tax increases, including the taxes known as the individual mandate and the 21-tax salute can be repealed with a simple majority vote in the Senate. It isn’t subject to filibuster, either. That’s the best news but it isn’t the only great news:
Now just modify the Affordable Care Act so buying any health policy authorized by the new charter, no matter how minimalist, satisfies the employer and individual mandate.
What would follow is a boom in low-cost, high-deductible plans that leave individuals in charge of managing most of their ordinary health-care costs out of pocket. Because it would be cheap, millions who would opt not to buy coverage will buy coverage. Because it will be cheap, companies will direct their low-wage and entry-level employees to this coverage.
This is brilliant. First, eliminate every new tax created by the ACA. Next, eliminate all the increases of existing taxes. Finally, make all health insurance options viable.
In fact, I’d go a step further. I’d write a tax break so that people who chose to purchase high deductible policy could pay for it in pre-tax dollars. That way, people wouldn’t have an incentive for not purchasing health insurance.
With consumers shouldering a bigger share of health expenses directly, hospital and doctors would discover the advantages of competing on price and quality. This way lies salvation. In the long run, whatever share of GDP society decides to allocate to health care, it will get its money’s worth—the fundamental problem today.
When someone else pays for treatments, people don’t have an incentive to watch expenses. The minute people have skin in the game, they become infinitely better shoppers.
The time for real reform is now. The time to get rid of this crap that got shoved down America’s throats while ignoring We The People is now. The ACA wasn’t health care reform. Government-run single-payer isn’t reform either because it doesn’t control costs and it’s exceptionally inefficient.
Health care shopper-oriented policies are the only true health insurance and health care reform.
Anytime I have the opportunity to make decisions for myself rather than trusting the IPAB, I win.
Tags: Individual Mandate, Excise Tax, Tanning Tax, Payroll Tax, Tax Increase, Employer Mandate, Democrats, Catastrophic Health Insurance, HSAs, Competition, Reforms, Election 2012
Deleted because Eric made a baseless allegation. FYI- If people want to make an accusation, provide verification for the accusation.
Gary and readers. A few questions. Brief ones.
Presently:
Do you have healthcare coverage?
Who pays for it and how is it arranged?
Is it employer paid?
Are you limited to the plan contracting with a limited number of providers, or can you go to any healer of any kind anywhere in Minnesota [or Wisconsin or North Dakota]?
If your plan is constraining you to seeking treatment through specific channels, how is that a “healthcare shopper policy?”
Note – that “specific channels” would include having to see a primary care physician for a referral to a specialist, vs. picking and chooling what specialist YOU want, as to special area of practice, and identity.
How did you choose your primary care physician?
When you began your present coverage plan were you subject to a “preexistent condition” exclusion or special rider?
Bloviation aside, what are the FACTS?
Health policy before my retirement covered me and wife. Cost was about 100 dollars per month paid weekly thru paycheck witholding. A.C mech at Fedex with health, dental and optional disability which I bought. Had a list of providers in area to choose from, also hospital of choice could be chosen. Could use any provider in an emergency.I had this before my retirement at the Indianapolis hanger but I only had one major use about 3 years before retiring. Trigeminal Neuralgia was not a surgical procedure anywhere except the Cleveland Clinic and the Mayo Clinic. The company allowed me to go to the Mayo Clinic for the procedure (neurological surgury) and I had to pay only about 50 bucks copay and no deductible as the procedure wasn’t done within 25 miles of where I lived.Not sure what a shopper policy is? And proper channels? Everywhere you go you are required to have a primary care physician approve going to a specialist as they don’t approve of self diagnosis and wasting a specilists time. They want the PCP to be the first line of diagnosis. Its like going to a dentist..he decides if you should have a root canal or a filing, and then does the work or sends you to a specialist for the root canal. We had a choice of local specialists and it was that specialist that approved going to the Mayo with approval from the company. I picked my PCP from a rather extensive list and you could change anytime which I had to do over the 25 years at the company working in Mpls, Memphis, Los Angelos,and Indianapolis. I don’t recollect anything about pre existing conditions but you had a physical before employment and random drug testing the entire employment period.