What a rotting, steaming pile of sophistry and distortion! THIS is the bottom line, which that corrupt HARVARD-trained judge ignored:
The government already paid for about three-fourths of uncompensated health costs. Nothing prevented Congress from expanding those programs, which would have been entirely Constitutional. Furthemore, the CBO anticipates subsidies of $5800 per year to buy health insurance, when the health costs of the uninsured average less than $2000 a year (Kaiser).
But Judge Kessler proclaims: "The findings on this subject could not be clearer: the great majority of the millions of Americans who remain uninsured consume medical services they cannot pay for, often resulting in personal bankruptcy. In fact, the ACA’s findings state that "62% of all personal bankruptcies are caused in part by medical expenses."
What the hell? Since when is it the duty of the US government to protect people from bankruptcy due to this cause, but not from other financial problems? One might think from this that average people must have a lot of influence to have such unctuous concern bestowed upon them. But a more mature view would suspect that their existence has been invoked by those with REAL power, namely the insurance companies, to conceal their ulterior motives.
She blathers on, "Of even greater significance to the national economy is the fact that these uninsured individuals are, in fact, shifting the uncompensated costs of those services--which totaled $43 billion in 2008--onto other health care market participants, as well as federal and state governments and American taxpayers."
As I pointed out, three-quarters of those costs are already paid for by government programs, which could have been expanded without shredding the Constitution. And, "Even if all private funding for uncompensated care were recouped from private insurance payments, this would still amount to only 1.7% of private insurance premiums." (Covering the Uninsured in 2008: A Detailed Examination of Current Costs and Sources of Payment, and Incremental Costs of Expanding Coverage. J Hadley, J Holahan, T Coughlin, D Miller. Kaiser Commission on Medicaid and the Uninsured, Aug. 2008, p. 56.) Also in this report, it says that full-year uninsured people on average received $1,686 in health care, compared with $3,915 for insured people, and paid for a larger proportion of it out of their own pockets, page 15.http://www.kff.org/uninsured/upload/7809.pdf
And the "remedy" for this supposed $43 billion ripoff of the taxpayers and the insurance companies is to force everyone to buy private health insurance! The subsidies for those who can't afford to pay for it are predicted to cost $106 billion, with an average subsidy if $5800. (Reid Letter, Table 2, page 9.)http://www.cbo.gov/ftpdocs/113xx/doc113 ... HR3590.pdf
What "could not be clearer" is that people who are unable to pay for costs that average less than $2000 are even less capable of affording the cost of buying health insurance! Kessler's "reasoning" amounts to claiming that merely because people might become a financial burden to others, the government is therefore entitled to FORCE them to become a burden!
She blathers on, "Because of this cost-shifting effect, the individual decision to forgo health insurance, when considered in the aggregate, leads to substantially higher insurance premiums for those other individuals who do obtain coverage. According to Congress, the ncompensated costs of caring for the uninsured are passed on by health care providers to private insurers, which in turn pass on the cost to purchasers of health insurance. “This costshifting increases family premiums by on average over $1,000 a year.” ACA §1501(a)(2)(F), as amended by § 10106. Thus, the aggregate effect on interstate commerce of the decisions of individuals to forgo insurance is very substantial."10
And then rubs her obnoxious attitude in with a smarmily self-righteous footnote:
"To put it less analytically, and less charitably, those who choose--and Plaintiffs have made such a deliberate choice--not to purchase health insurance will benefit greatly when they become ill, as they surely will, from the free health care which must be provided by emergency rooms and hospitals to the sick and dying who show up on their doorstep. In short, those who choose not to purchase health insurance will ultimately get a “free ride” on the backs of those Americans who have made responsible choices to provide for the illness we all must face at some point in our lives."
But those with employer-paid health insurance "who have made responsible choices" are the beneficiaries of a $246 billion tax subsidy, due to exemption of their costs of health insurance from federal income taxes. These lost revenues must be made up for by everyone, including the uninsured. The free ride they receive is far more than costs of those who are supposedly getting a "free ride" at their expense.
These people obviously think that we're all too dumb to count, and their mass media propaganda machine can drown out the few who aren't. And they think that they can bully and intimidate us into submission with the sheer gall of their ATTITUDE!
And the issue that nobody has raised is, WHY DIDN'T THEY DO IT RIGHT IN THE FIRST PLACE? It's clear from reading the bill that the real reason is so that they can shove their Nazi pseudo-science of "wellness" down everyone's throat. The "wellness" garbage would be a required part of every approved health insurance plan. It includes government grants for employers to institute wellness programs, which rewards believers in health fascist pseudo-science with premium discounts of up to 50%. Deployed under the phony pretext of "prohibiting discrimination," it financially coerces people to submit to health fascist charlatanism and discriminates against those who refuse!
It proves that this law is both unnecessary and improper - an unconstitutional means to an unconstitutional end! And Judge Kessler is clearly in ideology cahoots with the corrupt Harvard economists who devised this plan, and with the corrupt Harvard economists who pull numbers out of their rear ends to rationalize the health fascism created at the Harvard School of Public Health!
Kessler opinion (Margaret Peggy Lee Mead, et al. v. Eric H. Holder Jr., et al., No. 10-950, D. D.C.).http://www.scribd.com/doc/49359380/Judg ... titutional