Ronald Dworkin, Why the Health Care Challenge Is Wrong

American health care is an unjust and expensive shambles; only a comprehensive national program can even begin to repair it. If the Supreme Court does declare the Affordable Care Act unconstitutional, it will have ruled that Congress lacks the power to adopt what it thought the most effective, efficient, fair, and politically viable remedy—not because that national remedy would violate anybody’s rights, or limit anyone’s liberty in ways a state government could not, or would be otherwise unfair, but for the sole reason that in the Court’s opinion the strict and arbitrary language of an antique Constitution denies our national legislature the power to enact the only politically possible national program.

Photo: Franz Jantzen

Ronald Dworkin, Why the Health Care Challenge Is Wrong

American health care is an unjust and expensive shambles; only a comprehensive national program can even begin to repair it. If the Supreme Court does declare the Affordable Care Act unconstitutional, it will have ruled that Congress lacks the power to adopt what it thought the most effective, efficient, fair, and politically viable remedy—not because that national remedy would violate anybody’s rights, or limit anyone’s liberty in ways a state government could not, or would be otherwise unfair, but for the sole reason that in the Court’s opinion the strict and arbitrary language of an antique Constitution denies our national legislature the power to enact the only politically possible national program.

Photo: Franz Jantzen

  1. nybooks posted this