ObamaCare, The Victory

Obama came close. The key measure of his first term, a national health insurance plan based on redistribution, was approved by the Supreme Court. The essential and most controversial point of this law – the obligation of all Americans to get insurance – was upheld to the great displeasure of Republicans, who regard it as unconstitutional. By a majority of five, including conservative Chief Justice John Roberts (surprise), the Supreme Court determined that the legislative branch could impose this measure, and in particular, the compensatory fine leveed on those Americans who refuse to buy insurance. The subtlety derives from the texts on which the decision is based. The government maintains that its role as a commerce regulator authorizes it to impose upon the citizens the obligation to buy a product (insurance). The Supreme Court dismisses this argument but admits that the taxation power of the legislature allows this system to be put into practice. The fine is legal, if it constitutes a new tax. Plainly, it is possible to encourage the purchase of insurance; but the power to render that purchase obligatory can only be justified by taxation.

The heart of the measure is therefore constitutionally legal. Ironically, “ObamaCare,” the health insurance reform, is in fact a copy of the system put in place in Massachussetts by Mitt Romney on the national scale, when he was governor of that state. Everyone, including young and healthy citizens, is obliged to buy insurance, the premiums of which serve to finance coverage for the sick and the most vulnerable. The refusal to participate in this system of redistribution invokes a fine – a tax which contributes to the “common fund” and helps subsidize the insurance of others.

Now, the question is two-fold and political. What level of fine should be imposed to compel people to take part in the system? How will undecided voters react to what the Republicans describe as a new tax? The benefits of Obama’s insurance will not be seen until after the law is implemented in 2014. The presidential election takes place in November 2012. Meanwhile, for the 40 million uninsured Americans, and for Obama supporters, it is a historic victory.