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Tuesday, February 8, 2011

With or Without Justice, US Health Care Remains in Serious Trouble

FROM OUR FACEBOOK PAGE: In today's New York Times, Laurence H. Tribe has an opinion piece entitled On Health Care, Justice Will Prevail - citing some legal similarities between the US health care law and the current social security system. Tribe is a constitutional law professor at Harvard. However, his op-ed is debatable. 
 
Tribe states that since the social security system taxes all US workers to combine revenue in a disability insurance pool for everyone's qualified use, it is legal. This is correct. He then goes on to state that by this logic, the health care law, which has voluntary participants operating in interstate commerce within a shared insuance pool is legal. This is correct. Building on these facts, Tribe sees it as correct to state that since social security relies on everyone to pay in (an impossible opt-out since the tax is an automatic deduction from wage pay), the health care law's mandate is legal. Not quite.

View the full Facebook Note here.

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