The Supreme Court is busy hearing arguments for and against the draconian individual “mandate” and this is apparently what Ruth Bader Ginsburg had to say about it yesterday:
Justice Ruth Bader Ginsburg said the mandate is needed to make sure that everyone pays their fair share for the cost of healthcare. If people “choose not to buy insurance,” they will “force the cost…on other people,” she said. <source>
This is one of those moments where I have to slow myself down as I prioritize the order of arguments I want to make as I pick apart her wrong, unprofessional, political, and mindless statement.
First of all, her statement is completely devoid of any legal significance. Whether the mandate is “needed” or “not needed” is a micro-economic question, not a legal one. Is the Supreme Court being asked to decide on the law’s legal legitimacy, or its economic legitimacy? And by the way, on the question of its economic legitimacy, the verdict is in: it is a fiscal disaster of huge proportion and therefore doomed to fail even with the so-called “mandate”.
Second of all, she is revealing an economic bias based on the flawed (im)moral code of beggar thy neighbor — “…pays their fair share”. How does she know what each person’s “fair share” is? Please tell us, Justice Ginsburg, what is your formula for “fair share” when it comes to health care in all it complexity? The Manchurian central planner apparently has it all figured out, just as Chairman Mao had the Great Leap Forward figured out in Chinese agriculture (woops….); perhaps you are in on the answer? Do share!
Worst of all, her theoretical causality is not only absolutely false, it is an outrage. She says that if people “choose not to buy insurance,” they will “force the cost…on other people”. What Ginsburg has done with this statement is perpetrate the quintessential fascist table-flip: she has demonized the free individual and set him up as the bad guy — the perpetrator who needs to be corrected by a federal law forcing him to buy something he does not want to buy.
I just want to thank Bill Clinton for her appointment, and the Republican Senators who made it easy on her during her confirmation hearings. Great job by all.