Monday, December 20, 2010

Why Appeals on the Constitutionality of the Affordable Care Act Will Not Be Fast-Tracked to the Supreme Court

The Disease Management Care Blog agrees with the spouse on one key observation about human and organizational behavior: if moms were put in charge, a lot of societal problems would be fixed - and pronto. For starters, war involving their children would end. Our nation's schools would work. 535 legislators would be looking for new employment. Taylor Swift's media ubiquity would cease.

If only.

The DMCB suspects the moms would also favor dismantling all of the lower court legal motions and appeals surrounding the constitutionality of the Affordable Care Act's individual mandate. It's going to end up at the Supreme Court anyway, so it'd be smart to just fast track it, right?

Alas, the moms aren't in charge. After researching the toxic legal issues and partisan undercurrents, the DMCB developed this handy decision tree posted above that amply demonstrates how our Republic can look forward to years of additional legal wrangling before we'll know for sure.

Email the DMCB if you want a pdf!



bmartinmd said...

With all respect to the DMCB and his wife, the patent claim that everything would be better if mothers were in charge is terribly old-school and anachronistic and, moreoever, ignores those women now "in charge" who are mothers.

For one, we have a female Secretary of State and an HHS Secretary, both of whom are mothers. FDA Commissioner Margaret Hamburg is a mother. There are 78 members of the House and 18 Senators who are women, and I bet many of these Congresswomen are mothers. Same goes for the handful of women governors, the much greater number of women judges throughout the US judicial system, and the oceans and oceans of women lawyers throughout the United States.

On the flip side, the plaintive "if only mothers were in charge" cry implies that all mothers are magically endowed with governing wisdom. Well here's my "Oh you dint" reply (written with a snap): Sarah Palin's a mother.

Jaan Sidorov said...

Point well made. I was hearkening back to an insight made once by a developer of the A-bomb who recognized the special insights that only a mother can bring to issues large and small.

I suppose the same could be said for putting doctors in charge. Curious thing, though, is once they assume "suit" status in policymaking and administration, it's hard to tell the docs from the non-docs. Your point is that the same could be said for many of the moms that now occupy positions of power.

In Ms. Palin's defence, she'd argue that her "you betcha" common sense hasn't been polluted by the corridors of power, which adds to her appeal. Maybe she has a point.

Anonymous said...

Maybe I’m the slow one here (for the record I did have to look up what “anachronistic” meant) but I interpreted the DMCB’s commentary about putting mom’s in charge, not literally but, simply as a figure of speech. With DMCB humor in tow, I feel he is trying to convey that things (in government and our legal system) are overly complicated, time consuming, and expensive. What we need is someone really smart, (maybe bmartinmd) with a common sense point of view (maybe not) to reevaluate some of our processes and make meaningful change. If you disagree with that point of view then I have a healthcare reform bill of goods to sell you GUARANTEED to fix all that ails you.

Anonymous said...

Taylor Swift's media ubiquity would cease.

Can we also do something about locking Kanye West away from society, in case he ever emerges on stage again to ruin someone else's stage moment? Where's the mom willing to do that for us?

-Not a fan of either Kanye or Taylor.