June 29, 2012

Being & Nothingness on the High Court, Part Deux

I was a little disappointed yesterday that the Supreme Court did not take seriously the existential arguments of the Southern lower federal courts which had found the Commerce Clause inapplicable to the "act of not buying health insurance."  A typical, classic American, a 280-lb. behemoth just back from buying a half-ton of Pringles at the local Wal-Mart, sprawled in his Barcalounger there in the tract house in East Texas, waiting anxiously with a cold bottle of Lone Star in his chubby hand for the kickoff of the Cowboys-Redskins game - if this man is not buying health insurance, as Obamacare will soon compel him to do on pain of imposing a tax for which no enforcement method is provided - is this man, at this moment of contentment and disheveled repose, engaged in Interstate Commerce within the meaning of the hallowed clause?

We may never know now.  The Supreme Court instead chose to base an almost incomprehensibly fragmented decision on dismayingly clunky arguments, upholding the "individual mandate" to buy insurance (from Aetna, from Anthem, from a bunch of other private, for-profit insurance companies with a captive clientele ushered to their door by the federal government) or suffer the completely undefined consequences. 

It could have been so elegant, so....French.  Now we will have another huge federal bureaucracy with inadequate funding to add to a budget that is currently only about 60% funded with anything other than hallucinated money.  In despair one might seek refuge in some tropical paradise, one that is still above sea level at high tide, to follow the course of Paul Gaugin or Robert Louis Stevenson and simply drop out of the rat race, to exit the noise and tumult of our soul-crushing modern civilization.  To get away from it all, perhaps even in Hawaii, that lovely fleet of islands anchored in the mid-Pacific.  Not one of the over-developed islands, of course, like Oahu or Maui, but a quiet refuge like Kauai, Molokai or Ellison.

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