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A government with moral and legal authority promulgates written rules and universally, impartially and uniformly enforces the rules, which provides a predictable and stable legal order on which to base economic and personal decisions. The law prevails, not the proclamation or arbitrary decision of a ruler, government bureaucrat, the enforcer (e.g., policeman) or judge.
Anytime now, the Supreme Court will hear the case of King vs. Burwell, where an adverse ruling could deny IRS-ordered subsidies in 36 states that are without state exchanges. Additionally, it would destroy the employer-mandate since employers are only mandated when the state has exchanges for their employees. Such an outcome would substantially destroy ObamaCare.
If the Supreme Court rules that subsidies are not available to these 36 states, emotional and economic chaos will most likely besiege America. Millions of Americans could be without insurance, and the insurance industry (already greatly coerced but making enormous crony profits because of ObamaCare) could lose billions. Already disoriented and impaired by ObamaCare, medical providers will further be disrupted. What a quagmire.
Randy Barnett, an excellent professor of law and legal philosopher at Georgetown University, understands the politics of ObamaCare and suggests to have a serious debate regarding insurance proposals in order to truly have an improved health insurance plan.
Professor Barnett's plan to proceed includes the following:
Barnett does not address the pre-existing condition conundrum, which should obviously be included.
Most importantly, America – politicians and We the People – must have a complete and honest discussion on how we manage our healthcare. Rather than the deceits, secret deals, crony capitalism and political manipulations that produced the incompetent ObamaCare, America must have an honest debate, which should begin immediately. There must be an alternative to the mess of ObamaCare, and it must be ready for the House and Senate to vote on, which could easily be bipartisan legislation by May or June of 2015.
A civil and thoughtful debate and vote should produce good legislation. More importantly, it would restore the knowledge and reality that we are a nation of laws – the Rule of Law. The Rule of Law is our most unique and important asset.