A Prelude to Fully Implemented ObamaCare: No Consumer Choices

Chris Jaarda - Wednesday, March 23, 2011

Today's Wall Street Journal details a recent ruling in a lawsuit brought by retirees who were challenging the federal government's policy that seniors must enroll in Medicare if they want to accept social security. The Plaintiffs had paid into Medicare and social security during their working years but wanted to forego Medicare in favor of private health insurance. They were willing to finance the private insurance on their own and were not even asking for the federal government to refund any portion of the Medicaid taxes they had paid during their working years.

The judge in the case had previously noted that the government's position in this case was based on policy not found in statute or in properly promulgated regulations. Nevertheless, Judge Rosemary Collyer reversed herself and dismissed the case last week - effectively ruling in favor of the government. The startling thing about this decision is that the judge has basically ruled that because a retiree is "entitled" to Medicare benefits by virtue of qualifying for social security that the retiree is somehow mandated to accept something that they are entitled to.

The Obama Administration fought against the plaintiffs in this case - they fought hard to deny American retirees a choice to opt-out of Medicare and instead to personally finance health care other than government healthcare. The WSJ put it succinctly, saying: "The government fisc[ally]—and taxpayers—would benefit if some seniors pay for their own health care. But for many liberals, the goal isn't saving money or providing choices. The goal is to force all Americans into the same programs to fulfill their egalitarian dreams." The plaintiffs have appealed to the circuit court.

A Prelude to Fully Implemented ObamaCare: No Consumer Choices

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