Is The Opt Out Option Constitutional?

Andrew Sullivan finds cause to give liberals credit for being brilliant as a result of the public opt out option. To begin with, an option with an expiration date is no option at all. But does he really believe this will devolve into a state-by-state debate that will make liberalism popular again? The problem is, the bill is quite possibly unconstitutional on its face. It'll see a court challenge before anything else, perhaps even from both sides. If it's constitutional, then a state government would have every right to do away with Medicare, along with several other federal programs, too. Try and rationalize that in a single SCOTUS brief. Somehow I doubt you could unless the court stands ready to take the Federal government apart piece by piece. The court would ultimately be tasked with determining if health care is indeed a constitutional right. Elections have consequences. What do think Sotomayor believes, not that she's much different than the justice she replaced?

Imagine Republicans in state legislatures having to argue and posture against an affordable health insurance plan for the folks, as O'Reilly calls them, while evil liberals provide it elsewhere. Now, of course, if the public option is a disaster in some states, this argument could work in the long run. But in the short run? It's political nightmare for the right as it is currently constituted. In fact, I can see a public option becoming the equivalent of Medicare in the public psyche if it works as it should. Try running against Medicare.

Comments

[steveegg]

I'll guarantee 2 Justices ready, willing and able to force a return to a pre-New-Deal federal government, with another 2 likelies. The question, as always, is whether there's a 5th.

However, the "brilliance" is not in the Constitutional fight, but the practical. The taxes to support the public "option" will come from the residents of all 50 states, but just as it is with mandatory seat belts (with primary enforcement), the .08% BAC drunk-driving stanard, mandatory motorcycle helmets, et al, very few states will forego getting the cash back by daring to oppose Big Nanny Fed.

[chris]

"Try running against Medicare."
Actuarially, Medicare is bankrupt. Medicare is unsustainable. While no one may run against it, it will collapse in the next decade.
The decision will be over what the replacement will be and an argument over the name.

Most of the hand wringing and confusion over Medicare and social security all go back to the sad actuarial fact that a huge portion of an aging population failed to save for retirement and have been told over and over that a magic fairy would appear and sprinkle cash on them until their dying days. Well..now it turns out the magic fairy is a group of 22 - 55 year old people that work and don't want to sprinkle their cash on these strangers (unless they are indigent but certainly not if they are illegals.) The Ponzi game ends when you can't find more suckers.

A young country, a country with dynamic workforce, a country with healthy economy and a coherent nation of citizens can take care of the needy. Obamanation is based on parasitic behavior and is running into a demographic reality it can't overcome.

[Bruce, NV]

The important question: Where does Conor with one N stand on this?

[democratsarefascists]

Supremes, especially Democrat ones, love nothing better than to disassemble the federal government and put it back together wrong.
It's what they're all about; the power trip.

[joyMc]

I always love opt out options given by the government. You dont ever have the option to opt out of paying but you usually have the option to opt out of using. Pay taxes to support something then everyone else uses, wow, some option. Bah!

[Sam]

Bruce:

If Old Milky Loads says it, you know that Conor (mit ein "N")views it as practically Holy Writ.

After all, Mr. Killer Glutes does occasionally post on his blog cherry-picked e-mails that kinda/sorta disagree with him, in between hysterical rants about "neo-cons" (hint: Jews), Dick Cheney, circumcision, and Sarah Palin's uterus.

This makes him a vital "conservative" voice in our elevated political discourse.