{"id":2631,"date":"2012-03-26T14:25:25","date_gmt":"2012-03-26T14:25:25","guid":{"rendered":"https:\/\/nclnet.org\/health_care_in_america_on_trial_this_week\/"},"modified":"2020-07-07T10:58:41","modified_gmt":"2020-07-07T10:58:41","slug":"health_care_in_america_on_trial_this_week","status":"publish","type":"post","link":"https:\/\/nclnet.org\/health_care_in_america_on_trial_this_week\/","title":{"rendered":"Health care in America on trial this week – National Consumers League"},"content":{"rendered":"

<\/p>\n

\n\"\"<\/a><\/strong><\/strong>By Sally Greenberg, NCL Executive Director<\/strong><\/p>\n

<\/strong><\/strong>This is a very big week for health care in America. The constitutionality of Affordable Care Act is being argued in the Supreme Court. This landmark legislation that provides near universal health care in America after many decades of failed attempts \u2013 and that groups like NCL have been working for throughout our history- is in hot dispute. Despite the fact that the United States remains the only Western country that doesn\u2019t provide universal health care for its citizens, this one issue has generated more noise \u2013 on the right in particular \u2013 than practically anything else.<\/p>\n

<\/strong><\/strong>This highly unusual argument is going to be spread over three days. Tuesday the court will hear from proponents and opponents on the individual mandate\u2019s constitutionality.<\/p>\n

<\/strong><\/strong>The law\u2019s opponents include 26 states that are arguing that Congress has no power under the Constitution to order people to buy anything-and that if the law stands, Congress will have sweeping new authority to dictate our behavior. Also on the table is whether \u2013 if the individual mandate is struck, and I hope it isn\u2019t because the law really doesn\u2019t work without it \u2013 whether the rest of the law falls down.<\/p>\n

<\/strong><\/strong>One lower court has ruled that individual mandate is unconstitutional, but several others said it could remain. The thing is, the public wants people to be covered even if they have a pre-existing condition and parents want their kids covered til 26, especially since many young people don\u2019t have jobs. Both are guarantees in the ACA.<\/p>\n

<\/strong><\/strong>The Court will also review requirements that poor people be covered by the states, and imposes new requirements on the states to ensure that this coverage is available. I agree with those who believe that this case may be the most important set of rulings since FDR\u2019s New Deal legislation was challenged at the Supreme Court.<\/p>\n

<\/strong><\/strong>Florence Kelley, NCL\u2019s first leader, was stymied in many of her initiatives \u2013 minimum wage, maximum hours and child labor laws when the Court struck such laws she worked so hard to get enacted. (though she \u2013 and Justice Brandeis won the right for women to be covered by maximum hours laws in Muller v. Oregon<\/em>) But ultimately, justice won out and all are laws and protections we cherish today. I can only hope that the Affordable Healthcare Act withstands the challenges and survives intact.<\/p>\n

<\/strong><\/strong>But if we lose this round, and I don\u2019t think we will, I expect that justice will ultimately win out and Americans will enjoy universal health care at long last.<\/p>\n

<\/strong>\n<\/div>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

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