What are traditional government practices in "health care" and to what degree is the United States Supreme Court aware of those practices in conducting oral argument on the Affordable Care Act?
At chron.com one commenter, fblaze, wrote the following comment to Deeply divided Supreme Court engages in unusually sharp public sparring over ObamaCare case:
"I thought it strange that the conservatives used the analogy of burial insurance. In every County in Texas, if an indigent dies and the family does not bury the dead, the County pays for the burial. If Local government did not provide for the orderly disposition of corpses and if it created a National health hazard, the federal government would have to step in and bury the dead. Even on the supreme court, it appears that conservatives remain uninformed of the traditional role of government."Very true.
Let us look into this a bit further.
What was government's traditional role in health insurance and what was the ORIGINAL INTENT of the founders?
Let us apply originalism where originalism is due.
As Rick Ungar writes at Forbes in Congress Passes Socialized Medicine and Mandates Health Insurance -In 1798:
The Act was never challenged in Court."In July of 1798, Congress passed – and President John Adams signed - “An Act for the Relief of Sick and Disabled Seamen.” The law authorized the creation of a government operated marine hospital service and mandated that privately employed sailors be required to purchase health care insurance."
Ezra Klein comments on that at the Washington Post in The Founders' health-care mandate.