By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
    Health
    Healthcare organizations are operating on slimmer profit margins than ever. One report in August showed that they are even lower than the beginning of the…
    Show More
    Top News
    photo of hands with blue veins
    8 Proven Tips on Finding Difficult Veins
    November 12, 2021
    tips for getting over the pandemic blues
    4 Proven Ways to Get Over the Pandemic Blues
    February 22, 2022
    medical industry innovations
    How is CNC Machining Transforming the Medical Industry?
    June 2, 2022
    Latest News
    Beyond Nutrition: Everyday Foods That Support Whole-Body Health
    June 15, 2025
    The Wide-Ranging Benefits of Magnesium Supplements
    June 11, 2025
    The Best Home Remedies for Migraines
    June 5, 2025
    The Hidden Impact Of Stress On Your Body’s Alignment And Balance
    May 22, 2025
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
    Policy and Law
    Get the latest updates about Insurance policies and Laws in the Healthcare industry for different geographical locations.
    Show More
    Top News
    physician ethics
    Do Physicians Lie?
    May 21, 2013
    Concierge Medicine – Is it Ethical or Elitist?
    February 22, 2016
    Scammers Preying On The Elderly: How To Be More Vigilant
    December 10, 2019
    Latest News
    Let Your Lawyer Handle the Work Before You Pay Medical Costs
    July 6, 2025
    Top HIPAA-Compliant Messaging Apps for Healthcare Teams
    June 25, 2025
    When Healthcare Ends, the Legal Process Begins: What Families Should Know About Probate and Medical Estates
    June 20, 2025
    Preventing Contamination In Healthcare Facilities Starts With Hygiene
    June 15, 2025
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: The Supreme Court and Obamacare. And the Winner is…
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > The Supreme Court and Obamacare. And the Winner is…
Policy & Law

The Supreme Court and Obamacare. And the Winner is…

Michael Kirsch
Michael Kirsch
Share
6 Min Read
SHARE

I write now from the nation’s capital, one of my favorite destinations.

I write now from the nation’s capital, one of my favorite destinations. For one who dwells on history and politics, this is the place to be and to return to. During these few days, I took a kid to Ford’s Theater and then to Mount Vernon. Today, I hope to amble throughout the National Mall where I will stand in awe before the great monuments that remind us of what we all need to be reminded of. We will see the monument to Martin Luther King, Jr., which has been in the news because objections have been raised to the inscription carved into the monument. Words matter.

The Korean War Veterans Memorial, one of the most moving memorials I’ve ever seen, is introduced by stark words of enormous power and meaning:  Freedom is Not Free.

Many Washington, D.C. license tags are adorned with the the words, Taxation Without Representation, a demonstration of citizen protest that is unthinkable in so many other world nations.

More Read

Making Patient Experience a Priority – Infographic
5 Things to Take Care of When You Go Into Hospital
Report: Obtaining Healthcare Coverage Still Difficult Amid Reform
Lab Results for All! Of Data Liberation, Participatory Medicine, and Government 2.0
OCR Releases HIPAA Privacy Rule Guidance on De-Identifying PHI

I recall years ago, when a protest developed when the Smithsonian Institution included a written description in an exhibit of the Enola Gay, the small airplane that dropped a heavy payload on Hiroshima on August 6, 1945. After vehement protests from American veterans and others, the words were withdrawn.

The United States Supreme Court heard and read many words a few weeks ago on the Patient Protection and Affordable Care Act, affectionately and derisively referred to as Obamacare. The Court heard extended arguments over a 3 day span, a marked departure from the brief period of time usually allotted for oral arguments.

After those 3 fascinating days, tens of thousands of words were spoken and written trying to divine where the justices stood on the issue. Would the individual mandate be struck down? Would parts of Obamacare be preserved? Would Justice Kennedy be the deciding vote? What judicial horse trading would be necessary for one side to secure 5 votes?

The critical question that emerged once again from these proceedings is why does Justice Thomas never ask any questions during oral arguments?  Where are his words?

As everything else that occurs in this town, there is always a political prism that folks peer through. I read one piece suggesting that Republicans win regardless of what the Court decides. If Obamacare is declared constitutionally invalid, then the president is weakened. If the Court upholds the law, then the Republicans can run hard against it in the upcoming election. I don’t agree with this analysis, but this is an example of the drivel that dribbles freely around here.

The truth is, of course, that no one has a clue what the Court will decide. Court watchers know that justices ask questions during oral arguments for many reasons, which may not reflect their views or predict a decision. Yet, predict and pontificate we must.  The president had to walk back from his own comments this week, when he opined that the Court should uphold the law, as if the judiciary were not a coequal branch of goverment.  Marbury vs Madions anyone?

I’ll make my own prediction here. Readers know that I am hostile to Obamacare. I predict that if the law is upheld, that more and more folks will agree with me as time goes on. Medical costs will continue to rise and medical quality will decline. The medical profession will be suffocated by toxic regulations, restrictions and oversight.

However, I don’t think that the Court should strike down the law just to please me or because the president’s health care law will fail. If you reject judicial activism, then you have do so consistently. It’s not the Court’s job to save a worthy program or to make policy. In my mind, they are charged to answer one question. Is it legal?

Last year, I took the kids to the Supreme Court, and we peered into the chamber where 9 citizens hold enormous power and responsibility. Engraved in the building’s façade are the words, Equal Justice Under Law, an ideal we strive for, but don’t always achieve. Yet, there is no better system.

Thomas Jefferson spent some time in Washington, D.C. also.  He was a magician with words, an alchemist who could transform mere words into a harmonious symphony. He wrote to Thomas Paine, another man whose words wielded enormous influence; “Go on doing with your pen what in other times was done with the sword.” Words mattered then, and they still do.

TAGGED:individual mandateobamacareSCOTUSsupreme court
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

9 Lifestyle Tweaks That Can Add Years to Your Life
9 Healthcare Lifestyle Tweaks That can Add Years to Your Life
lifestyle
July 11, 2025
car accident lawsuit
Let Your Lawyer Handle the Work Before You Pay Medical Costs
Policy & Law
July 6, 2025
women dental care
What Is a Smile Makeover and How Much Does It Cost?
Dental health
June 30, 2025
HIPAA-Compliant Messaging Apps
Top HIPAA-Compliant Messaging Apps for Healthcare Teams
Global Healthcare Policy & Law Technology
June 25, 2025

You Might also Like

Facial Recognition Moves Into Advertising–What About Privacy?

August 21, 2011
Policy & LawPublic Health

$1 Tax on a Pack of Cigarettes? As California Goes -So Goes the Nation

June 4, 2012

Upcoding

April 19, 2011

Enhancing Training to Diminish Fears of Failure, Detection to Deter Research Misconduct

August 6, 2012
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?