Europe Is Baffled by the U.S. Supreme Court

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alphatarget1

Diamond Member
Dec 9, 2001
5,710
0
76
There are plenty of details that the ACA gets wrong. It does nothing to reduce medical bureaucracy & paperwork & doesn't address malpractice reform but at least it offers a path toward near universal coverage that doesn't involve a gov't takeover of healthcare and forces people who currently freeload to get insurance.

ACA forces everyone to buy into a broken system.
 

Pulsar

Diamond Member
Mar 3, 2003
5,225
306
126
There's no reason to bash Europe. They just don't understand our system any more than we really understand theirs.

For any Europeans who are wondering, our Constitution is very limiting in the powers it grants to the Federal Government. This is similar to the European Union's fairly limited power in mandating what the member-states do. Our states have the true power.

In this case, the Federal Government knowingly overstepped it's bounds. They tried to use a clause that allows them to regulate interstate commerce to mandate the purchase of health care plans for everyone in the country. The Federal Government doesn't have that power, and everyone knows it. Including Obama.

The only way this doesn't get struck down is if the Justices truly do believe in Judicial Activism. The commerce clause has never been stretched this far, and was never meant to be.

As a side note, some of our states have universal health care, the same way some of the European Union member states do. Of course, none of those have been terribly successful so far.
 

l337B337Z

Junior Member
Apr 6, 2012
2
0
0
This is exactly why I say this stupidity of BoboCare needs to be repealed and we then need a open and far ranging debate on a real health care reform. One that recognizes that the private sector is better able to provide good and affordable health care than the government.

Starting off with a falacy like "boboCare"... A far reaching debate, would offer far more support for a more unified system. And, most of the polling on this issue was so irresponsible, that the Democratic party folded to a minority on opinion. Unless, you think pigeon-holing something by opening up a debate to careless remarks by people who know the limitations of the system, and will work until nothing changes at all, and we're stuck with 20 more years of "progress" by the demos and repubs.

Mark Zuckerberg has it right. Always be breaking. If it sucks, repeal it, or change the things that don't work, but don't have a Big Design Up Front, which is the opposite of small government, by the way, but I wouldn't expect people with a complete lack of comprehension of how to run a business or a government to know what any of that means.

Where i come from business is way more innovative and helpful to man-kind than the status-quo insurance companies. And, it's because it shouldn't be a business, because as a business it's a horrifyingly inefficient dinosaur that pails in comparison to what's happening on the West Coast, you know the place that pays the bills for all the republican welfare states, and funds a war that most of us could care less about, because we have education.
 

FoBoT

No Lifer
Apr 30, 2001
63,089
12
76
fobot.com
2) As for the particular case of this health care law, here's what I don't get: If the federal government were to raise the income tax across the board 2% (which they are allowed to do) and offer a tax deduction of 2% for healthcare coverage, no one would have a constitutional objection. We have these kinds of deductions all the time for things like college tuition, mortgage payments, insulating your house, etc. Do these constitute an illegal individual mandate? What is the difference between such a tax deduction system and a flat-out mandate, other than simplicity?

that is an excellent point and question

http://blog.american.com/2012/03/alitos-correct-the-individual-mandate-was-never-about-saving-money/
But if that’s true, then the individual mandate had nothing to do with a legitimate exercise of the Commerce Clause, but instead was an end-around Congress’s taxing powers. The mandate is a hidden tax cloaked in the guise of making people responsible for their own health bills.

This is the knotty question now facing the Supreme Court. The mandate was a way of avoiding Congress having to impose additional taxes of $360 billion on Americans. The designers of Obamacare were well aware that if the true costs of the bill were accurately identified and taxes transparently increased to cover them, the public never would have supported health reform. This is why they resorted to all manner of smoke and mirrors to hide the true costs and to reliance on hidden taxes such as the individual mandate to further hide from view the burden this plan would impose on Americans.
or, i think, alternative to the single payer system that most of the Democrats actually preferred, but they couldn't get quite enough Democrat Senators to go along with, so we ended up with this compromise that is now being challenged
 
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crashtestdummy

Platinum Member
Feb 18, 2010
2,893
0
0
That would be like carefully shopping the 50 States and find the one that's doing the best, which is bullshit. The EU will all go the way of Greece over time, Spain, Portugal, France ....... all of them. Sooner or later they're going to run out of Germany's money to spend.

It's actually not. In fact a far better approach would be to take the average debt over the entire eurozone. The reason is that the Euro unifies fiscal policy in a way that is really unhealthy. Being on the Euro has two benefits, with complementary drawbacks:

1) For Germany and France, it allows them to effectively inflate their currency to make their exports cheaper. This is a big boon to their manufacturing sector (much like what China gets from pegging the RMB to the dollar). The downside is that it effectively appreciates the currencies of Greece, Spain, and all the other small economies, severely damaging their ability to export and hurting their economies.

2) The perceived stability of the Euro gave Greece and the others easy access to the debt, but that meant that when it came time to pay, Germany, which has used this imbalance to profit enormously, doesn't want to cover the debt.

The combination of these two issues has put Germany in the position of forcing severe austerity on other countries. This is actually worse than a default, and is going to make sure that Greece won't grow for the next decade (unless it leaves the Euro).

At some point, they're going to have to admit that in the absence of a completely unified government, a unified monetary policy is untenable.
 

a777pilot

Diamond Member
Apr 26, 2011
4,261
21
81
Starting off with a falacy like "boboCare"... A far reaching debate, would offer far more support for a more unified system. And, most of the polling on this issue was so irresponsible, that the Democratic party folded to a minority on opinion. Unless, you think pigeon-holing something by opening up a debate to careless remarks by people who know the limitations of the system, and will work until nothing changes at all, and we're stuck with 20 more years of "progress" by the demos and repubs.

Mark Zuckerberg has it right. Always be breaking. If it sucks, repeal it, or change the things that don't work, but don't have a Big Design Up Front, which is the opposite of small government, by the way, but I wouldn't expect people with a complete lack of comprehension of how to run a business or a government to know what any of that means.

Where i come from business is way more innovative and helpful to man-kind than the status-quo insurance companies. And, it's because it shouldn't be a business, because as a business it's a horrifyingly inefficient dinosaur that pails in comparison to what's happening on the West Coast, you know the place that pays the bills for all the republican welfare states, and funds a war that most of us could care less about, because we have education.

I see you are off your meds.
 
Jul 10, 2007
12,050
3
0
You don't like parents be able to include children up to the age of 26 on their family insurance policies?

You don't like insurance companies being barred from rejecting applicants for coverage because of pre-existing conditions?

You don't like insurance companies being barred from imposing lifetime limits on benefits?

You don't like poor families being provided with subsides to help them afford health care coverage?

these sounds great, but who's going to foot the bill?
 

nonlnear

Platinum Member
Jan 31, 2008
2,497
0
76
You don't like parents be able to include children up to the age of 26 on their family insurance policies?
No. If our current [horrible] system is unable to deliver acceptable coverage to fully grown adults then perhaps we should try to fix the market rather than make it even harder to evaluate how much exposure a set of empoyees represents. (Again, the big underlying problem is that so much of the insurance market is tied to employers. The best fix for that is not to tie even more individuals to the same system but to change the structural problem.)
You don't like insurance companies being barred from rejecting applicants for coverage because of pre-existing conditions?
No. In every other insurance market, the problem of unacceptable risks is handled by high risk pools. Telling insurance companies that they aren't allowed to underwrite (and then setting mandatory minimum loss ratios) is just stupid.
You don't like insurance companies being barred from imposing lifetime limits on benefits?
This is a very bad "solution" because of the way health insurance pays losses (by treatment date, not injury date), and the massive tail risk in long development periods. It is impossible to estimate the costs incurred by a chronic condition when treatments may change dramatically in 15 years. Something that is untreatable today might suddenly be treatable in 20 years with something that costs as much as IVIG every three weeks. (that's not cheap) Here, creating high risk pools that are funded by premium taxes would be a far preferable solution.
You don't like poor families being provided with subsides to help them afford health care coverage?
I don't mind that.
 
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IndyColtsFan

Lifer
Sep 22, 2007
33,656
687
126
One of the reasons Europeans have a better work-life balance is because their life isn't tied to their work in the very literal way our healthcare coverage is tied to our employment here.

That might be a very, very small part of it. Enjoyment of life, however, is really a deeply embedded part of their culture.

Even simple things are done with pride and care there. Walk down the streets of Florence or Paris and look in the shop windows at some of their confections, for example. You don't see stuff like that made with such attention to detail and pride here in the US.

I used to travel globally for my job. The lady I worked with in Italy had actually lived in the US for most of her life but decided to move back to Italy when her parents did (they were originally from Italy). We had a lot of long talks about cultural differences and I promise you that health care was never mentioned outside of the context of Americans working themselves to death. She loved the slower pace of life and that everyone took time to enjoy everything about life there rather than work, work, work! That's the way life should be and I think that here in the US, it is starting to change in that direction. When you hear older generations talk about the younger generations "not willing to work," I think what they really mean is that the younger generation values their family time and free time more and would rather not spend it working 80 hrs/week. As I mentioned in an earlier post, I don't make as much as I could if I did consulting or moved to another company, but I don't think I would find a company that gives me these great benefits and most importantly, isn't as relatively stress free. That means a lot to me. I laugh at people when they brag about making $150K+ but work 80 hours per week. These guys are making a lot less than I am on a per hour basis and I am putting in 40 hours at most and have plenty of free time.
 

Ninjahedge

Diamond Member
Mar 2, 2005
4,149
1
91
Bottom line is simple. All of our rulings on this have been to change how we fund people to get insurance, and try to make laws for eligibility.

The problem being, it is fine to say "hey, everyone needs insurance" but then go skipping off when it comes to how much we allow these required companies to charge for this service.

Look at NJ and Auto Insurance. The companies complain that "no fault" is killing them, and therefore they are allowed to charge more than just about every other state in the union (regardless of actual risk per driving hour or actual fiscal risk). We were THAT CLOSE to having NO companies sell insurance in NJ. So what happens then, we all stop driving?

No, we just let the companies come in, stake a 20% profit margin on their "services" and treat us to crying men and animated lizards on our prime-time television.

I got better things to spend money on than that.

Now, the confusion coming from Europe is probably the same parallax error you get form someone from a different POV. If we, as a nation, were smart, we would take their observations, put them in context, and use them to figure out a solution.

But no, what we do as any pride-filled teenager would do is call the other person (countries) an idiot and keep lighting our own hair on fire to spite our critics.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Nothing like reinventing the wheel, eh?

Considering that our social, economic and Constitutional climates aren't European it might be good to make sure we aren't putting those wheels on a fish. Then again creativity and sound planning are things of the past.
 

Ninjahedge

Diamond Member
Mar 2, 2005
4,149
1
91
these sounds great, but who's going to foot the bill?

Actually, the problem is not that. Who is going to start holding the insurance companies responsible for their anti-capitalistic collusion in which they ALL charge more for something we all need?

Things like Health Insurance are very difficult to fit into a classic capitalism model. This is not like selling a car. As evidenced by companies (health insurance, car insurance, pharmaceuticals) it is not "what the market will bear" but more "what you can bleed from the market".
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Right. Everyone is lying about the life-expectancy of Americans versus the rest of the first world. Everyone is lying about per-capita spending for health care in America versus the the rest of the first world.

And congratulations on another excellent debating strategy: "I can't produce specific data to refute your data, so I'm going to make the unsupported claim that you're playing games with data."

The difference in life expectancy isn't due health care.
 

Moonbeam

Elite Member
Nov 24, 1999
72,711
6,198
126
I guess the Declaration of Independence shows nothing about the intentions of the founding fathers:

Jesus wept.

Some of you lot really believe your own hype don't you?

There can be no doubt that the obtuseness of the right is very discouraging. We can only hope that scientific investigations of the causes will lead to surgical of medicinal cures. One of the known symptom, of course, is paranoia. When you have that even the most innocent of words scream threat.
 

Moonbeam

Elite Member
Nov 24, 1999
72,711
6,198
126
There can be no doubt that the obtuseness of the right is very discouraging. We can only hope that scientific investigations of the causes will lead to surgical of medicinal cures. One of the known symptom, of course, is paranoia. When you have that even the most innocent of words scream threat.

Are you trying to say that the cures should be manditory and they should be made to pay for them? Now wouldn't that be justice.
 

Xellos2099

Platinum Member
Mar 8, 2005
2,277
13
81
The problem with the healthcare reform is that it is fixing the wrong issue. Instead of working making medicine cheaper, doctor visit cheaper, they are making everything more expensive and force insurance purchase.
 

Infohawk

Lifer
Jan 12, 2002
17,844
1
0
The problem with the healthcare reform is that it is fixing the wrong issue. Instead of working making medicine cheaper, doctor visit cheaper, they are making everything more expensive and force insurance purchase.

I'm actually someone who thinks going to the either extreme would be better than what we have now. A completely free market system would lead to lower prices and although there would be a difficult period, I think even poorer people would eventually be able to afford a certain level of care. A completely socialist system would also have some efficiencies.

What we have now is the worst of both worlds.
 

BoberFett

Lifer
Oct 9, 1999
37,563
9
81
I'm actually someone who thinks going to the either extreme would be better than what we have now. A completely free market system would lead to lower prices and although there would be a difficult period, I think even poorer people would eventually be able to afford a certain level of care. A completely socialist system would also have some efficiencies.

What we have now is the worst of both worlds.

This.
 

Mxylplyx

Diamond Member
Mar 21, 2007
4,197
101
106
Anyone who has spent time in northern European countries knows that life is simply better there. They are statistically happier with better work-life balance...and health care. I am not agreeing that Obamacare is the way, not in the slightest, but we do have a lot to learn from our European allies.

Most Americans who have never been outside this country and watch alot of foxnews would vehemently disagree with you. America is the greatest country on earth, at least that's what my granddaddy taught me, and who am I to argue with his infinite wisdom.
 

Mxylplyx

Diamond Member
Mar 21, 2007
4,197
101
106
I'm actually someone who thinks going to the either extreme would be better than what we have now. A completely free market system would lead to lower prices and although there would be a difficult period, I think even poorer people would eventually be able to afford a certain level of care. A completely socialist system would also have some efficiencies.

What we have now is the worst of both worlds.

Regulations on healthcare that force a free market system to abandon many of it's free market principles keep our healthcare network from being morally repugnant. If you want to imagine a pure free market health system, just think auto insurance, and substitute your car for your body.

What does your car insurance company do if you get in a wreck? Rates go up.

What does your car insurance company do if you get in another wreck? Rates go up again

What does your car insurance company do if you get in 5 more wrecks? They drop you

Now imagine getting sick is the same as getting in a wreck.

You want to live in that world? Free market principles have no moral place when it comes to determining healthcare accessibility.
 

Infohawk

Lifer
Jan 12, 2002
17,844
1
0
Regulations on healthcare that force a free market system to abandon many of it's free market principles keep our healthcare network from being morally repugnant.

In theory. Not in practice. There are still people without health insurance under the current mixed system.
 
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