[Ed. note: My Main Street Journal column this week had some formatting issues, so although I don't usually republish these pieces in their entirety, I had enough people tell me they couldn't open the original that I wanted to provide another viewing option. So on this Independence Week, I patriotically present the original rough draft of the Supreme Court's time-saving combined decision on immigration and healthcare ...]
SUPREME COURT OF THE UNITED STATES
NATIONAL FEDERATION OF INDEPENDENT
BUSINESS ET AL. v. SEBELIUS, SECRETARY OF
HEALTH AND HUMAN SERVICES, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT No. 11-393. Argued March 26, 27, 28, 2012
AND
ARIZONA ET AL. v. UNITED STATES
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT No. 11-182. Argued April 25, 2012
CHIEF JUSTICE’S ROUGH DRAFT – DO NOT DISTRIBUTE
Look, it’s summer. Not just regular summer, but
some kind of sci-fi, stupid-hot, super-summer, with every American city
including Washington D.C. hovering somewhere near 115 degrees. (Not
that there’s global warming or anything, right, Scalia?) And we don’t
know if you noticed, but the Court spends the day in ankle-length black
wool. So let’s just save some time before Clarence goes commando and
get right to what you’re all waiting for.
In 2010, Congress enacted the Patient Protection
and Affordable Care Act in order to increase the number of Americans
covered by health insurance and decrease the cost of health care.
An Arizona statute known as S. B. 1070 was also enacted in 2010 to address
pressing issues related to the large number of unlawful aliens in the
State. What do these two things have in common? Well, the Court submits
that both laws seek to define the nature and character of what we generally
refer to as an American, and in a little-known article tacked onto the
Constitution by Daniel Webster, the responsibility of maintaining this
definition is handed to the Court at any point in time in which the
opinions of a majority of Americans are overpowered by an especially
pushy and well-funded minority.
At the time of its passage, Americans found the Affordable
Care Act to be a positive thing, by a margin of 49 percent to 40
1. And yet, by the time the Court ruled on the law,
72% of those polled felt the (misnamed) “individual mandate” provision
of the ACA was “unconstitutional.
2” Which the Court finds kind of funny, being that
less than a third of Americans have actually read the thing
3. Because you know who has eighteen thumbs and has
totally read the Constitution? These guys. Well, more than a third of
us, anyway. And we tend to believe that a non-stop flurry of talking
points, scare tactics, and misinformation had much more influence on
public opinion than anything found in Ol’ Connie (yeah, we nicknamed
the Constitution. Jealous?).
Even those who favor repealing the ACA don’t
generally believe the entire thing should be scrapped. Less than 1 percent
of those polled felt that the coverage of those with pre-existing conditions
and young adults under 26 should be revoked
4. Which means that 99 percent of people agree with these two landmark reforms. And if memory serves, there hasn’t been 99 percent agreement on any provision of any law since the historic
passage of the Cake at Birthday Parties Act of 1827.
Likewise, two thirds of Americans believe that immigration
is a good thing for the country
5. Now, asked specifically about border patrols and paper-checks and other methods of enforcing immigration laws, people tend to get a little less generous, but at heart, we are a nation that
remembers, way back in our collective conscience, that we’re all immigrants.
Well, except for Maricopa County, Arizona’s Sheriff Joe Arpaio, whose
ancestors sprung fully formed from the Statue of Liberty’s torch.
(What, the Court can’t be sarcastic?)
So here’s the deal. You can’t arrest undocumented
immigrants for trying to get a job. You can’t set immigration policy
on a state-by-state basis, because guess what? It’s a state. You can’t immigrate to a state. No one ever got on a boat and travelled for five months in filthy, overcrowded conditions to immigrate to Alabama.
And for those lucky enough to be born here, who never
for a day have to worry about a traffic stop turning into a thousand-mile
one-way trip, our responsibilities are even greater. If we are going
to hold ourselves up as an example among nations, we better act like
one. And step one is providing access to medical care for every citizen.
We’re sure sorry that means that some healthy libertarians and off-the-grid
homeopaths may have to pony up a few hundred bucks to remain insurance-free,
but if the “mandate” eats at your conscience and sense of autonomy,
consider it a tax that pays for you to be protected from the roaming
gangs that would be fighting you for your land in any other country
that doesn’t have national health care. (Okay, sometimes the Court
exaggerates a little. But still.)
From the earliest peoples traveling across the Bering
Strait from the mother continent to the immigrant workers upholding
today’s industry, our very existence as a country depends on the transfer
of individuals from other places to this one. And our continued esteem
as a country depends on joining ourselves together for the collective
good and assuring that something as basic as physical health is considered
a right for all and not a privilege for some.
For centuries, citizens of other lands have risked
their lives to find better ones here. In this country. In our America.
Some of them were our ancestors, some of them are our neighbors. We
owe it to all of them to make it worth the trouble.
Roberts out.
--
1 USA TODAY/Gallup, Mar. 24, 2010
2 USA TODAY/Gallup, Feb. 20-21, 2012
3 National Survey of Americans' Awareness and Understanding
of the Constitution and Constitutional Concepts, Sponsored by the Claude
Moore Charitable Foundation, Sept. 2010
4
New York Times/CBS News, Jan. 15-19, 2011
5
USA TODAY/Gallup, June 7-10, 2012