On Tuesday February 22, 2011 United States District Court Judge Gladys Kessler ruled in favor of The Patient Protection and Affordability Act. Judge Gladys Kessler presides over U.S. District Court for the District of Columbia.
Judge Gladys Kessler's ruling "Congress had a rational basis for its conclusion that the aggregate of individual decisions not to purchase health insurance substantially affects the national health insurance market. Consequently Congress was acting within the bounds of its Commerce Clause power when it enacted the provision."
Recall the Patient Protection and Affordability Act requires United States Citizens to have a valid pay source (health insurance) as a user of medical clinics, hospitals and nursing homes.
What is the argument against? The U.S. Government cannot declare a citizen a user of health care service (medical clinic, hospital, nursing home) just to regulate behavior through a commerce clause. A person should be able to purchase health care service only when needed.
Can you give me a similar example? Auto owners are required to pay for auto insurance. Not all auto owners will have vehicle damage requiring repair. Auto owners who suffer an unfortunate accident and need repair should be the only ones who pay money to garage body shop mechanics.
What is the argument for? Everyone will need medical services at some point in their lives and therefore is either a current or future participant in the health care delivery system market and therefore subject to taxation. The citizens with no valid pay source cannot be left to die on the hospital entrance.
Home Care Path www.homecarepath.com encourages seniors to follow this legislation as it unfolds. Valuing Home and Human Life.
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