With Barack Obama in the White House and Democrats controlling the House and Senate, they own the legislative agenda. So it looks like no matter what we’re going to end up with a massive disruption to the health care industry. I was thinking about how our society will cope when government controls the health care of most Americans. One issue grabbed my attention: abortion.
Abortion was a huge hot-button issue in the 1990s. The media spent a lot more time and ink back then covering it, and while I don’t have any statistics on this I suspect there were more protests about it back then. Today the issue feels mostly settled. Conservatives don’t like it but they have seemed to accept that Roe v. Wade isn’t going to be overturned. When Obamacare comes into force I expect abortion will roar back as an enormous social issue. When the federal government becomes every citizen’s health insurer, conservatives will not be happy paying for abortions. With the government as insurer it will have to pay with money collected as taxes. Don’t think that abortion will be an “elective” procedure and not eligible for coverage. NARAL and NOW will never ever permit Democrats to do that. And so tax money will go to pay for abortions, and there will be much outrage and protest. If Republicans want to actually derail Obamacare they should bring this up. If the health care debate can be sidetracked into the abortion quagmire, it will come to a standstill.
The American Spectator is a conservative publication I don’t normally read, but I saw a link to an article where they had a different take on the issue. They found a different abortion pitfall for Obamacare. The Roe v. Wade decision that permitted abortion nationally could make any government involvement in health care decisions unconstitutional. Before I explain TAS’s reasoning you need to understand that a key part of Obamacare is the government’s ability to decide on what treatments you’ll be allowed to have. President Obama has been saying the cost of health care is rising so fast because doctors run too many tests and prescribe too many medicines to cover their asses from malpractice lawsuits. Under Obamacare, government bureaucrats will decide what tests, surgeries and medicines you are permitted to have. They can overrule your doctor and yourself if they choose.
TAS sees two ways this conflicts with Roe v. Wade.
One: The State has a legitimate interest in keeping you healthy.
We repeat, however, that the State does have an important and legitimate interest in preserving and protecting the health of the pregnant woman, whether she be a resident of the State or a nonresident who seeks medical consultation and treatment there, and that it has still another important and legitimate interest in protecting the potentiality of human life.
- Roe v. Wade Decision
Roe’s language is focused on pregnant women, but that can easily be extended to all Americans. The Supreme Court decided that the government has an interest in protecting the health of Americans. How can the government live up to that if it is denying treatments to lower costs? How can the State ever deny a hip replacement surgery to a 90 year old? The government must protect our health, and doing that requires pursuing every treatment. Denying a treatment to save money would be negligent and the government would then be liable. So much for cost savings.
Two: The right to privacy excludes the government from intruding on the patient-doctor relationship.
The right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.
- Roe v. Wade Decision
In Roe v. Wade the Supreme Court found that the 14th Amendment’s right to privacy and 9th Amendment’s support for individual liberty would exclude the government from the abortion decision. It’s easy to extend “women” to all Americans, and an “abortion” can be extended to all medical procedures. I would like to see the logic that says only women have the right to make a decision on abortion, but the government can decide everything else.
So TAS concludes either Roe or Obamacare has to go. It’s a rather fascinating result and I’m happy to hear any news that could undermine the government’s takeover of our health care system. However, if this legal logic is correct, how come point two hasn’t been used to slay the twin beasts of Medicare and Medicaid?