Understanding the ACA Arguments
jca at stanford.edu
Wed Mar 21 19:18:52 PDT 2012
This would be true only if Democrats are unable to convey to voters what
the ACA actually provides and how it will affect them. If Republicans
are able to continue misrepresenting the ACA in the same way --
exemplified by the protest sign "Keep your federal paws off my
Medicare!" -- then you could be right. After Citizens United, of course,
such mass wool-pulling is more likely.
On 3/21/12 3:04 PM, Rick Duncan wrote:
> Sandy, let me ask you a question about the likely political impact of
> a decision in June upholding Obamacare.
> How will such a decision impact the election?
> My guess is that just as Roe v. Wade led to Reagan's election in 1980
> (there is a silver lining in every cloud, even one as dark and deadly
> as Roe), a decision upholding Obamacare will be very helpful to the
> Republicans in November of 2012.
> It will be clear to those who oppose Obamacare (a solid majority if
> the polls are right) that the last best chance to be rid of it is a
> Republican landslide. It will energize the base and even many
> independents who believe we cannot afford socialized health care. On
> the other hand, a decision striking it down will likely energize
> Obama's base.
> Am I wrong?
> This actually makes it difficult for me to decide how I want the
> Supreme Court to decide this issue? I think we need to police the
> boundaries of the Commerce power, but I also fear for my country if
> Obama gets a second term.
> Cheers, Rick
> --- On *Wed, 3/21/12, Sanford Levinson /<SLevinson at law.utexas.edu>/*
> From: Sanford Levinson <SLevinson at law.utexas.edu>
> Subject: Re: Understanding the ACA Arguments
> To: "forwarding for fcross" <crossf at mail.utexas.edu>,
> "'nebraskalawprof at yahoo.com'" <nebraskalawprof at yahoo.com>,
> "'CONLAWPROF at lists.ucla.edu'" <CONLAWPROF at lists.ucla.edu>
> Date: Wednesday, March 21, 2012, 1:35 PM
> Don't you have to make it a criminal offense to treat people
> without health insurance, to make sure that free riders won't
> become dependent on liberal bleeding hearts (like the Catholic
> *From*: conlawprof-bounces at lists.ucla.edu
> <conlawprof-bounces at lists.ucla.edu>
> *To*: Rick Duncan <nebraskalawprof at yahoo.com>;
> conlawprof at lists.ucla.edu <conlawprof at lists.ucla.edu>
> *Sent*: Wed Mar 21 14:11:11 2012
> *Subject*: RE: Understanding the ACA Arguments
> Actually, Rick, to take care of the free rider problem you would
> have to declare that someone without health insurance will not
> receive medical care. Which is a plausible position but clearly
> one our society is unwilling to adopt.
> At 01:52 PM 3/21/2012, Rick Duncan wrote:
>> You do not need an individual mandate to deal with the free rider
>> You could provide that anyone who does not sign on to Obamacare
>> by a date certain will not be eligible for protection against
>> pre-existing conditions if he tries to sign up later on down the
>> This regulates actual health insurance activity, rather than
>> regulating non-action in the present based upon the prediction of
>> action in the future. Also, Congress could provide that hospitals
>> are not required to provide free care to anyone who is not in the
>> Prof. Rick Duncan (Nebraska Law)
>> See my recent paper on The Tea Party, federalism, and liberty at:
>> To post, send message to Conlawprof at lists.ucla.edu
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> Frank B. Cross
> Herbert D. Kelleher Centennial Professor of Business Law
> McCombs School of Business
> University of Texas
> CBA 5.202 (B6500)
> Austin, TX 78712-0212
> To post, send message to Conlawprof at lists.ucla.edu
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