Category Archives: Unconstitutional

Health Care, Immigration, and the Supreme Court

This week America underwent a shock of such magnitude that many believe that this is the end of the experiment begun in 1776, and the United States lost its standing as the “Shining City on a Hill.”

We have witnessed the cruelty of the Trump regime towards innocent children snatched from the arms of their parents, simply because their parents want to escape the violence and oppression of the drug gangs rampant in their home countries.

These parents want not only to secure for their children a life free from being recruited into these gangs, they also want to provide their children with a better life.

And most of them did so according to US immigration law. They presented themselves at legitimate border crossings, and were summarily arrested, had their children separated from them, the children, some as young as a few months old, put in cages, or transferred across the country, and placed in facilities where no press or Congressional observers are allowed to see for themselves, except on special guided tours where they cannot speak to the children.
Recently, a judge in California ordered the regime to re-unite the children with their parents and effectively ended the zero-tolerance policy.

Tomorrow, at 11 am, I, and many others around the nation will take part in a march to protest this cruel and un-American action. The march I will be attending will be held in West Palm Beach and will cross the Intracoastal Waterway by way of a bridge connecting the mainland with Palm Beach island. The march will terminate at Mar-a-Lago, the former home of Marjorie Merriweather Post, heiress to the Post cereal fortune, and that is now owned by the Orangutan.

Why am I writing this, and what does it have to do with health care? And what does the Supreme Court have to do with these other issues?

That is what this post will attempt to address.

To begin with, the immigration issue will have a profound effect on the health care system, as the older Americans get, the more home health and nurses’ aides they are going to need.

Preventing these unfortunate men, women and children, fleeing violence and drug gangs, and civil war and corruption at home, will mean that in the future there will be fewer workers to take these and many other jobs in health care and other industries.

In addition, the so-called “travel ban”, is really a cynical attempt to impose a Muslim ban without calling it one. The Supreme Court weighed in on this move this week, ignoring the racist comments made by the Orangutan, and gave him wide latitude to ban anyone he does not like.

This will have the chilling effect of preventing both medical students and physicians from coming to the US, not only from the countries on the list, but all other Muslim nations. The medical travel industry, also may feel some effect, as providers and facilitators from Gulf states, and other nations in the region, may be prevented from attending conferences and speaking engagements, and Americans who go to the UAE may be given greater scrutiny upon return to the US.

As a grandson of immigrants, this un-constitutional, un-American, and inhumane action by this regime is very disturbing and sickened me when I heard the cries of those children. But, according to recent polling on the issue, 58% of Republicans approved of the separation of children from their parents, while 92% of Democrats disapproved. The CNN poll results are here:

On top of the immigration debacle, and the “travel ban”, there was a third and more devastating blow to American democracy and to the Republic this week. The retirement of Justice Anthony Kennedy, a swing vote on many issues brought before the Court, portends that the Court will be radically altered once a replacement is chosen and confirmed by the Senate.

But unlike the Merritt Garland nomination, Mitch McConnell is vowing to confirm whatever nominee the Orangutan appoints, and the regime promises to appoint a strict Conservative justice. Several commentators have indicated that abortion, LGBTQ rights, and maybe even health care, could be overturned if one more current justice, most probably Ruth Bader Ginsberg, retires or like Scalia, dies in the next two years. She is 85.

Overturning Roe v. Wade and making abortion illegal once again, will force women to seek back alley abortions, and will severely impact their health and lives. Also, it is possible that birth control and access to it, may be denied to women, and that will have serious impacts on health care in the future. Some believe that Roe is settled law, but don’t count on them being right. The Religious Right is waiting for the day that women are forced to carry to term pregnancies they don’t want, and then have any neo-natal or post-natal care taken away, so that they and their babies suffer needlessly.

A strict Conservative on the bench also threatens gay marriage and LGBTQ rights, as it was Justice Kennedy who broke with the Conservatives and said that gay people had a constitutional right to marry. It may mean that more cases like the recent Colorado case may be decided in the plaintiff’s favor, albeit without the bias the state Commission showed to religion.

Lastly, health care could face enormous challenges ahead if the makeup of the Court swings radically to the right. The current Court ruled that the ACA was Constitutional, but since the coup of 2016, the GOP has steadily destroyed the law and a radical Supreme Court just might put the last nail in the coffin and deny millions of Americans health care. There is also a health care bill in Congress that will remove many diseases and pre-existing conditions from coverage.

This is especially disturbing to yours truly, as I have one of those pre-existing conditions: ESRD. Right now, I have Medicare only, but who knows what a radical Court may do to that and the other health care programs such as Medicaid, CHIP, etc.

In college, I was taught that the Court generally swings from liberal to conservative, but in my lifetime, it has gone from liberal to conservative, to radically conservative, so that now we may be headed for a judicial, corporate dictatorship where the people have little or no rights, and Corporate and religious interests have all the rights.

The following quote sums up our predicament:

“When fascism comes to America it will be wrapped in the flag and carrying a cross.”
Sinclair Lewis

So, what do we do?

Well, the march tomorrow morning is a start. I have been critical of those groups opposed to this regime sitting on their kiesters and doing nothing except marching once a year in January for two straight years in the Women’s Marches. This crisis is bigger than just one demographic group. This fight is for the soul of the nation and for the Republic as a democratic republic. A journalist heard this morning on MSNBC said she went to Minnesota recently when the Orangutan was there, and she said that the cab driver told her that he is a Republican, is against the Orangutan, and cannot speak to friends about him because they believe him 100% and think he is a god.

Great! Now we have a Caucasian version of Kim Jong Un.

We have to work together, because in the words of Pastor Niemoeller:

First, they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.

The Founding Fathers knew something like this would happen, but never thought that the Electoral College, created to prevent this, would actually make it a reality. We are living in scary times.

Have a good weekend everyone, and if I don’t write before Wednesday, have a safe and happy Fourth…it may be our last.

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Justice Dept. Says Crucial Provisions of Obamacare Are Unconstitutional – The New York Times

The following article should alarm every decent American, especially those who wants to see every American have health care that does not eat into their life savings or cause them to go into debt.

Your humble author is one of them and may also be affected if this draconian decision is upheld by the courts and the Supreme Court. Thanks Bernie Bots and Steiners…thanks for giving us Justice Gorsuch by not voting or not voting for the Democratic candidate two years ago.

For what this will mean to Americans, here is Dr. Don McCanne’s take on it:

“Amongst the more important provisions of the Affordable Care Act were the requirements for guaranteed issue and community rating. For individuals with preexisting conditions, insurers could not deny them coverage nor could they charge them higher premiums than are charged for others in the same age group. This corrected two of the most serious defects in the individual insurance market that existed before enactment of ACA and made insurance available to many who otherwise could not purchase the plans.

Now Attorney General Jeff Sessions says that he will no longer defend these provisions. If the courts uphold his position, individuals with significant health care needs may find insurance with adequate benefits to be either unaffordable or not even available to them. Then concepts such as “universal” or “affordable” become moot.

How does this compare to our traditional Medicare program? The courts have already ruled that Part A of Medicare – the hospital benefit -is mandatory and must be accepted if the individual also accepts Social Security benefits. However, this does not apply to Part B – the physician benefits – nor to Part D – the drug benefits. Thus the courts have ruled that the government can require certain mandates in health care, but it also demonstrates that our current Medicare program needs to be improved, for this and for a great many other reasons. So a single payer, improved Medicare for all should be able to pass constitutional muster.

Once we have an improved Medicare that covers everyone, instead of thinking of it as some sort of unwanted government mandate, most of us would think of it as an automatic program ensuring health care financing for all of us – one that we have earned though our individual contributions based on ability to pay – guaranteed, affordable health care forever.”