Health Care for All: A Victory.

“This is a big fucking deal” Vice President Biden stated to President Obama as he passed the microphone at the historical health care reform signing. While probably not the most opportune moment, the Vice President was indeed correct – it is a big deal. There are currently 32 million Americans without health insurance. By 2014, they will all be covered or pay a tax.

I. Health Care Reform: The Basics

The key components of the Health Care Reform Act establish that insurance companies will not drop people if they get sick, people with pre-existing conditions will not face exorbitant rates, older children can stay on their parents’ insurance until they are twenty-six, and the new law will gradually end a “prescription drug donut hole” that causes many to cut their pills in half to get through a month. The bill also requires all Americans to have health care coverage by 2014, apply for a waiver, or pay a fine. (http://www.cbsnews.com/8301-503544_162-20000846-503544.html). There are also 35% tax credits for small businesses who insure their employees. Furthermore, it’s projected that it will reduce the deficit by $143 billion over the first ten years. 32 million currently uninsured American citizens would become insured under the health care reform regime. No Republicans voted in favor of the Health Care Reform Act. In fact, in an attempt to prevent/delay passage, Republicans introduced facetious amendments such as providing Viagra to convicted rape felons. Most criticisms of the bill are lodged at the potential costs. Some conservatives are lamenting that costs will exceed 1 trillion dollars. There is also uncertainty about the impact that the bill will have on private practice.

This site makes clear how the bill will effect individuals: http://www.nytimes.com/interactive/2010/03/24/us/politics/20100319-health-care-effect.htm#tab=5

II. An Argument for and the Backlash

Most of the criticism seems to be unsubstantiated. Yes, reform will cost billions but the pros outweigh the cons. Every American citizen will have affordable health care by the end of 2014. No one can contradict the argument that drastic discrepancies in health care exist, often based on race and class. America should be a country that ensures its’ citizens have access to health care, information, and resources that encourage the health of its citizens. Safeguarding the health of American citizens is an important public interest concern. Health care is about people’s rights. Not black, white, poor, rich, but in general, a basic human right. Health care shouldn’t be something the wealthy have a monopoly on.

However, the privileged’s backlash has served as interesting insight into the state of politics. There has been a reversion to old school tactics of blatant racism, bigotry, and hate speech .(http://www.nytimes.com/2010/03/25/health/policy/25health.html?src=me&ref=health) Faxes with nooses, diatribes riddled with hate speech, and bricks thrown through windows have been some of the most outrageous reactions. For those who believed that we were in a “post-racial moment” because of Obama’s election, welcome back to reality. The effect of reverting back to white supremacist antics full of hate and animosity has been to instill fear which could drive people to engage in irrational opposition (i.e. Tea Party antics/rallies/protest signs). While the scare tactics’ impact is unknown, polluting real discussion and conversation with myths, tantrum-throwing, and vicious slurs only causes confusion and derails progress. Intimidation will not work this time. Americans deserve real information. The dispelling of myths promises to be a long and hard-fought battle but one that must be won since health care reform has passed.

III. The Legal Argument

Additionally, a legal perspective has emerged as an aspect of the reform discussion. A New York Times article “Health Measure’s Opponents Plan Legal Challenges” details the constitutional arguments that conservatives can be anticipated to make to fight the bill. The gist of the argument is that the federal imposition forcing Americans to have health care infringes on States’ constitutional rights. But with the Supreme Court’s grant of broad authority to Congress under the Commerce Clause and the power to tax , it seems unlikely that such an argument will be effective. http://www.nytimes.com/2010/03/23/health/policy/23legal.html?scp=5&sq=legal,%20health%20care&st=cse

Yet, the future legal battle promises to be fascinating for any law student. That is, if it ever gains any momentum (which it appears it will because Republicans are determined to “kill the bill”). Most interesting is the salient and fragile nature of the understanding of the Constitution. The probing question for me throughout Constitutional Law has been whether or not the manifestation of the law is simply desired outcomes arrived at by convincing arguments based on manipulative readings/ [mis]interpretations of language determined by the social moment. With the history of the expansive interpretation of Congress’ power under the Commerce Clause of the Constitution, it seems unlikely that any court would hold health care reform outside of that power. After all – stare decisis? If the conservative arguments prevail, it would seem that the court was given to manipulation moreso than judicial precedent. Moreover, the potential litigation raises a lot of questions about representation and legal affordability, and access to the court for real people with real legal quips versus high-paid politicians who can afford representation of corporate interests who may have real concerns but lack any real legal standing and will still use [abuse] the court’s minimal resources to entangle health care reform in a long, drawn out battle manipulating the system as much as their funding will allow. Power and wealth continue to govern the rate of progress.

President Obama said it best – health care “ is a victory for the American people. And it’s a victory for common sense .” Health care reform now was the right and best thing for the American people.