The Patient Protection and Affordable Care Act is testing the Constitution and seems destined to taint the credibility of the Supreme Court. The arguments presented today indicate that the five to four Republican majority will either strike down that law or, at least, the individual mandate requirement, where every citizen is required to have health insurance by 2014. Of course, it could still uphold the entire package, but that looks like only a 10% betting probability after today. Short of the latter, the Supreme Court will be challenged as it never has before, and, perhaps, too, the nature of the elections process, as for example, the requirement of an Electoral College.

This same "pro-Republican political" decision occurred in 2000 when the Supreme Court voted for George W. Bush over Al Gore. In this presidential election, Gore got 50,999,897 (48.38%) votes, Bush 50,456,002 (47.87%) and Ralph Nader (Green Party) 2,882,955 (2.74%). In short, Gore won and Nader really screwed up the Democrats. Theoretically, Ron Paul has the same opportunity to kill any Republican chances this year, but there appears to be a warm accommodation between Mitt Romney and Paul to preclude this potential.
But back to the 2000 Supreme Court decisions (there were three), their effective award of the 26 Florida electoral votes to Bush gave him 271, to 266 for Gore. All indications are that any recount would "probably" have resulted in Bush prevailing anyway, so the matter then recedes to the fairness and idiocy of an Electoral College, where one DC delegate refused to vote. The real flaw here was not the Supreme Court, but the electoral process, which was not particularly questioned then, nor much now.

Clearly, the Republicans are upset that the Democratic-controlled Congress (not only was the House run by Democrats, but any filibuster was prevented by a Senate with at least 60 Democrats and Demo-Independents) and White House snuck through the bill in this crucial period to the surprise of many. The Tea Party and re-gaining leadership in the House, plus the predominance of Republicans as state governors, served to change the rules of the game, leading to this Supreme Court decision-making process.

Is there something that can be done about lifetime tenure, judicial activism, federal-state power conflicts, judicial interference in political disputes, and a failure to protect individual rights. No. Will
Roe (Jane Roe is Norma McCorvey, yesterday and today) versus Wade (
legalized abortion on a 7-2 vote) be reviewed if Republicans suddenly gain control of the House, Senate and White House this year. Maybe.
Michael Moore, in his documentary,
SiCKO, claims that the U.S. is the only westernized country with universal health care. This might not be totally true, but Fareed Zakaria recently had an excellent article in
TIME entitled "
Health Care is for Everyone":
1. Two decades ago Switzerland, a uniquely business-friendly country, to cut soaring medical costs, mandated that everyone had to buy health insurance. Well, it worked, as it spends 11% of its GDP on health care, lowered their expenses, and everyone seems happy. The current U.S. government expenditure is 17% of our GDP.
2. Taiwan, another strong free-market economy, in the mid'90's, created a universal medical care system and created ONE insurer, sort of like Medicare. Quality of care is deemed excellent and they spend only 7% of its GDP on this national health program.
3. NO OTHER NATION TODAY SPENDS MORE THAN 12% OF ITS TOTAL ECONOMY ON HEALTH CARE!! Yet, most of these nations have a higher life expectancy, lower infant mortality and more favorable patient satisfaction.
4. An MRI in France costs $281...in the USA, $1080. See a pattern forming?
5. In the 80's, the
Heritage Foundation (
a conservative think tank, whose current poster man is Rush Limbaugh) proposed that everyone be required to buy health insurance like car insurance, while a few years later, Mitt Romney chose this model for Massachusetts, and was praised by New Gingrich. Ah, but politics! They all now condemn any national health care program.
6. American companies today need to contribute tens of billions of dollars to provide health care for their employees. With a national plan, they will pay next to nothing, and can better compete against China, Germany, Japan, etc.
Fareed, you make sense.
Sure the Supreme Court is flawed, but our entire government is broken. Who's going to fix that? Yet, the USA is the only supreme nation on Planet Earth today, and represents an ideal mix of freedom, economic enterprise and lifestyles. We'll survive whatever the Supreme Court decides.
I had dinner tonight on my roof and wondered how much Venus and Jupiter had diverged from last week. The following photo was taken (
Moon above, Venus and Jupiter at the bottom), with
Holst's The Planets playing in the background:
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