Viewpoints: The Supreme Court And The Health Law; Romney’s Plan For Care For Vets
The New York Times: The Broccoli Test
The new mandate to buy health insurance has now reached the Supreme Court, which agreed on Monday to judge its constitutionality. The crux of the constitutional complaint against the mandate is that Congress's ability to regulate commerce has never been understood to give it the power to force Americans to buy insurance, or anything else. But not only is there a precedent for this, there is also clear support for it in the Constitution (Einer Elhauge, 11/15).
Los Angeles Times: Health Care At The High Court
After last year's sweeping health care reform law drew more than 30 lawsuits challenging its constitutionality, it seemed just a matter of time before the measure had a day of reckoning at the Supreme Court. On Monday, the court announced that day would come next year, in advance of the presidential election, when it has agreed to hear appeals on five of those lawsuits and to consider at least four separate legal issues. Two of them concern the limits of congressional power, a hot-button issue for those who fear that the new law endangers personal liberty. But as several lower courts have found, the measure fits within the constitutional boundaries already laid out by the courts. The justices can — and should — find it constitutional without clearing the way for Congress to intrude in any and every aspect of American life (11/16).
The Washington Post: American Needs A Health-Care Ruling
The Supreme Court, or so we are told, follows the election returns. Perhaps, but it shouldn't anticipate them — or, for that matter, rule with the campaign calendar in mind. The proper legal course — and, as it happens, by far the best thing for the country — is for the court to decide on the constitutionality of the health care law by next summer, despite the fact that the opinion would come down in the heat of President Obama's reelection campaign (Marcus, 11/15).
San Francisco Chronicle: The Supreme Court And Obama's Health Care Plan
At the appeals level, one of (the) big arguments against the individual mandate was precedent: How far can the federal government go, if at all, in forcing an American to buy a particular product? It's an intriguing question, and a legitimate concern, but it must be noted that health care coverage is very different from any other product. All Americans end up bearing the cost of the uninsured, both in public health — such as the spread of disease — and in the emergency room bills when unchecked or unanticipated medical issues arrive (11/15).
Milwaukee Journal-Sentinel: There's No Doubt: Law Is Constitutional
Given the Supreme Court's own precedents and the authority the Constitution accords Congress to regulate interstate commerce, it's difficult to see how the court can overturn the Obama administration's health care reform law. … Justices should shut out the political clamor and rule the way logic and precedence demand — in favor of the law. … It's a national market and falls under the Constitution's commerce clause (11/15).
Des Moines Register: Romney Puts Ideology Ahead Of Veterans' Health Care
As a veteran, I have seen firsthand the enormous sacrifices made by the men and women of our military. They bravely face risk and uncertainty on the battlefield. They shouldn't have to face risk and uncertainty by being thrown into the private insurance market when they come home. So why would Mitt Romney endorse a plan that has been universally panned as disastrous for veterans' health care? Either he hasn't done his homework or he's putting politics ahead of the best interest of our nation's veterans (Rep. Leonard Boswell, 11/15).
Politico: Repeal Health Tax To Save Jobs
Washington could provide businesses much-needed certainty and address the job crisis by repealing the president's partisan $2.6 trillion health law. This would help our economy, reduce our staggering debt and give Americans the health care they deserve. One component of the health care law that will likely have a devastating impact on job creation and the cost of health insurance is the tax on health insurance. This is a particularly insidious element of this massive law (Sens. John Barrasso and Orrin Hatch, 11/15).
CNN Money: Hey Where Are All The Health Care Investors Going?
Given the massive amount of change currently underway in the U.S. health care economy, we have bona fide industry upheaval on our hands. Today more than ever there is a tremendous opportunity to find new ways of doing business in the world of health care through changing delivery systems, insurance models, technology solutions, drug discovery, device innovation and just about everything else that takes place in the healthcare system. ... So then why are venture capitalists fleeing health care (Lisa Suennen, 11/14).