The issues before the Supreme
Court, arising as they did out of multiple cases and divergent appellate court
rulings, were quite complex, and its final decision will be parsed rather
differently by lawyers, health policy wonks, and economists (or metaphysical
philosophers, in Chief Justice John Roberts’s memorable phrase). This essay
will focus on one singular element: did the final ruling enhance or detract
from our collective power to exercise stewardship over our health care
resources?
Clearly Americans diverge on
key features of a desirable society and on the wisdom of using government to
achieve even mutually desirable goals. But before politics settles the fate of
the Affordable Care Act (and perhaps also the federal role in health policy for
the foreseeable future), we should focus on what the Court has allowed us to
consider: if we want it to, federal power may constitutionally be marshaled to
compel insurers to end discrimination against the sick and to offer more
transparent products so the marketplace will better serve consumers.
The issues before the Supreme
Court, arising as they did out of multiple cases and divergent appellate court
rulings, were quite complex, and its final decision will be parsed rather
differently by lawyers, health policy wonks, and economists (or metaphysical
philosophers, in Chief Justice John Roberts’s memorable phrase). This essay
will focus on one singular element: did the final ruling enhance or detract
from our collective power to exercise stewardship over our health care
resources?
Clearly Americans diverge on
key features of a desirable society and on the wisdom of using government to
achieve even mutually desirable goals. But before politics settles the fate of
the Affordable Care Act (and perhaps also the federal role in health policy for
the foreseeable future), we should focus on what the Court has allowed us to
consider: if we want it to, federal power may constitutionally be marshaled to
compel insurers to end discrimination against the sick and to offer more
transparent products so the marketplace will better serve consumers.