October 14, 2020 Issue, Page 4 of 8

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Page 4 The Elk City News, Elk City, Oklahoma Wednesday, October 14, 2020 “ElkCituNews Barrett’s legal philosophy Opinion Page is What Biden’s health deeply problematic Serving Western Oklahoma since 1901 policy would mean for By Victoria Nourse, Los Angeles Times gued did not allow for federally run health ex- question, I know what she will say. traditional about Scalia’s textualism approach. Wil- Many think that the ap- changes, a reading that Barrett will say that her millions of Americans pointment of Judge Amy made no sense given the approach is more demo- liam Blackstone, the 18th century jurist, told judges Coney Barrett to the Su- context of the entire law. cratic, because she looks to look at the text and the By Robert E. Moffit The Heritage Foundation preme Court will jeopar- Fortunately, the Supreme at the “ordinary meaning” reason for the law, the President Donald Trump’s key debating point on health dize the Affordable Care Court, by a 6-3 vote, re- of text. Senators voting on problem people wanted policy is substantively correct: Former Vice President Act and abortion rights. jected that argument and her nomination should not to solve. For most of our Joseph Biden’s health proposal would progressively But the reach of her anti- allowed the ACA to stand. be lulled into agreement. history, that is what judg- eliminate Americans’ private health insurance and back democratic judicial phi- Scalia, applying textual Ordinary people do not es did. They did not cut Americans into a “single payer” system of government- losophy will go beyond analysis, voted to dis- read 900-page health care Congress out by refusing, controlled health insurance. No need to take Trump’s word for it, either. Weeks ago, those issues to put every mantle the act essentially statutes. And no ordinary as textualism requires, to the Biden campaign team confirmed that Trump’s assess- federal law that conserva- because of a “scrivener’s person, or member of look at direct evidence of ment is correct. According to an NBC News report, Biden tives oppose in danger. error.” Congress, or linguist for Congress’ meaning. campaign officials have already said that Biden’s public Barrett, who has been on A third ACA case is now that matter, thinks you can Some conservatives option - a specially advantaged government plan to com- the federal bench for less pending before the court, understand “Moby-Dick” pete against all private health plans - would “pave the agree that textualism is a than three years, is a con- with oral arguments by pulling out a word and judicial power grab. Judge path” to a single-payer program. This latest version of the “public option” is the fruit of servative star because of scheduled one week after throwing the rest in the Richard Posner, a leading former Vice President Biden’s recent policy collaboration her writings supporting the November election. It, ocean. conservative legal thinker, with socialist Sen. Bernie Sanders (I-Vt.) Their “Unity the theory advocated by too, challenges the con- Barrett will argue that tex- once called the theory “au- Task Force” recommendations call for the creation of a the late Justice Antonin stitutionality of the law, tualism is a better alterna- robust “public option” - a new government health plan - tistic” precisely because it Scalia known as “textu- based on how you “read” tive to having judges pick refused to look at human that would be deployed in competition against all private alism.” This judicial phi- the ACA’s provisions. and choose congressio- purposes. In a critique of health insurance. The target of this joint effort would include the employ- losophy is fundamentally Here’s the problem with nal materials to suit their Scalia’s textualism, he de- ment-sponsored health plans covering approximately 156 at war with democracy. It this “reading law” philos- wishes when looking for scribed the method as in- million Americans - roughly half the country. would allow the court to ophy that Barrett has de- a statute’s intent. Again, coherent and motivated to This is an old proposal. Initially a provision of Obam- rip apart laws that voters fended. On the surface, it senators should push acare, the “public option” has been a staple of progressive “hobble” legislation. As need and want. sounds perfectly plausible back. Textualist judges health policy for almost two decades. Today, six major Consider the litigation _ just read the text of the pick and choose the text. he wrote in “How Judges congressional bills meticulously detail the key compo- Think,” textualism is “bad nents of this approach. Like the Biden-Sanders proposal, over Obamacare and its law. But that’s not what Worse, textualists even philosophy, bad psychol- these bills would deliberately rig the health insurance mar- guarantee to protect peo- Scalia/Barrett textual- add text. Scalia famously ogy, and bad law.” kets to guarantee the new government health plan advan- ple with preexisting con- ism does. Textualism is a wrote that the president tages denied to private health plans. In the past, Republican ditions. There have been power grab for judges. In has “all” executive power, Why? Because government health programs generally three challenges to that practice, it allows judges but the Constitution does Sens. Orrin G. Hatch and cost more than initially advertised. And taxpayers can ex- complex law. The first to carve up the text, pick- not say that. Charles E. Grassley have pect to pick up the tab, one way or another, to cover any said that they disagreed financial losses incurred by the new government health case, National Federation ing a word here or there to Barrett will contend that reach the results the inter- textualism. constrains with Scalia’s “blind to plan. of Independent Business Forget “fair” competition on a level playing field. Like v. Sebelius in 2012, up- preter prefers. judges and is more pre- Congress” approach. the congressional bills, the “Unity Task Force” proposal is held the constitutional- The whole point of tex- dictable than statutory in- They recognized that tex- a progressive political engineering project to distort health ity of most of the ACA, tualism is that Congress’s terpretation. Yet last term, tualism is allied with the insurance markets; it is designed to erode and eventually court’s growing contempt though seven justices vot- views don’t matter. Textu- Justice Samuel A. Alito Jr. eliminate America’s private health plans. for Congress and legisla- This “Unity” proposal, for example, would create new ed to limit the law’s provi- alism deliberately blinds accused Justice Neil M. taxpayer subsidies for enrollment in the government plan, sion to expand Medicaid. justices to the one source Gorsuch’s majority opin- tive power. In Barrett’s eliminate deductibles for primary care and impose gov- Barrett’s mentor, Scalia, that could constrain their ion in Bostock v. Clayton confirmation hearings, the ernment payment schedules on doctors, nurses and other voted in dissent to find biases: official congres- County, the case ruling Senate needs to under- medical professionals. These government enforced pro- the entire law unconstitu- sional materials such as that federal civil rights law stand the consequences of vider payment reductions would enable the new taxpayer- this philosophy and resist backed government health plan to undercut private plan tional. committee reports or de- protects gay and transgen- Then in the 2015 case, bates. As a result, you get der employees from dis- its anodyne veneer. competition with artificially low premiums. The proposal would thus set in motion dynamics to King v. Burwell, oppo- congressional legislation crimination, of being “like Victoria Nourse is the crowd out health plans in the nation’s individual markets nents of the ACA chal- rewritten by unelected a pirate ship.” Alito said Ralph Whitworth Profes- and encourage employers to dump millions of workers and lenged it again, claiming judges. “it sails under a textual- sor of Law at Georgetown their families out of their existing job-based health cover- that a drafting error in the Barrett is an extremely ist flag,” but actually uses University Law Center, age. It’s not about expanding coverage; it is about expand- 900-page statute was suf- eloquent and zealous de- statutory interpretation to former special counsel ing federal control. The supreme irony of the “Unity” proposal is that it ficient to strike it down. fender of Scalia’s legacy, reach Gorsuch’s preferred to the Senate Judiciary would also destroy the signature accomplishment of Presi- The text of the law used as her writings show. Be- result. Committee and author of dent Barack Obama’s administration: the Affordable Care the phrase “by the State,” cause I have debated her, Finally, no one should “Misreading Law, Mis- Act of 2010, or “Obamacare.” which the opponents ar- and other judges, on this think that there’s anything reading Democracy.” Though Biden routinely insists that he wants to preserve Obamacare, his Faustian bargain with the radical left would guarantee the destruction of the Obamacare plans in the nation’s individual markets. The troubled law has To get teachers back in the classroom, we need already severely damaged the individual markets, which have lost significant middle-class enrollment and serious market competition. to know the costs of coronavirus health care It is inconceivable that today’s costly set of Obamacare By Melissa Szymanski I speak from personal ex- cial threat but also a public for broken arms or $600 for plans, with narrow networks, high premiums and crazy The Hartford Courant perience. This spring, I tried health menace. Hidden pric- Band-Aids. Vast price dif- deductibles, could even begin to compete with a new ar- Teachers are a keystone to get a COVID-19 test but es will delay the safe reopen- ferentials for the same health tificially cheap government health plan. That plan would of the nation’s economic re- didn’t fit the profile required ing of classrooms and the as- care services in the same be taxpayer-subsidized and heavily armed with politically covery. We need to return to to receive one at the time. In- sociated economic growth. classrooms so that students stead, I was forced to go to Tf teachers - and all Ameri- market will converge. Ensu- manipulated provider payment and premium rates. Over the past four years, self-styled “progressives” in can learn, and parents can the ER to get a chest X-ray, cans - knew exactly what ing market competition will Congress have routinely charged the Trump administra- return to work. but I also received an EKG, they had to pay for a CO- put further downward pres- tion with undermining Obamacare. Strangely enough, this ‘Yet across the country, TV fluids, a flu test and a preg- VID-19 test and that they sure on prices. “public option” gambit, if implemented, would prove far students, teachers and fami- nancy test, because I was in wouldn’t be subject to addi- According to a recent na- more damaging as a weapon against Obamacare than any- lies are limbo, contend- rough shape when I arrived. tional related charges, more ing with virtual schooling, I was hit with $4,500 worth people will get tested and tionwide poll, nearly 90% thing they have accused the Trump administration of do- which isn’t an ideal learning of associated bills, brought fewer will get infected. This of Americans and 98% of ing over the past three-and-a-half years. Unlike several “progressive” senators and the majority environment. down to $3,200 by insur- price certainty will give us women under the age of 40 of House Democrats sponsoring legislation to take away To get teachers like me ance, in the ensuing weeks. the freedom and control to support this commonsense Americans’ existing health coverage, the Trump admin- safely back in schools as (It turned out that I had con- get tested when and where reform. Almost no other is- istration has aggressively pursued a program of addition, soon as possible, we must tracted COVID-19. While we want. sue in today’s politically po- not subtraction. The president has proposed additional reduce the risk of spread- my medical health has re- Health care price trans- health plan options, such as association health plans, more ing this disease to our col- covered, my financial health parency offered systemwide larized environment enjoys affordable short-term plans to bridge gaps in coverage and leagues and students. I want has not. Fighting these bills can provide health care con- such overwhelming biparti- an expansion of job-based health reimbursement accounts. to get back in the classroom has been a part-time job in sumers with cost certainty san support. For individuals and families, these initiatives provide just as much as the fami- and of itself.) over all their care, ending By providing COVID-19 more choices, not less. Beyond that, under Trump admin- lies whose kids I teach. By I’m not alone. There are the bizarre status quo where testing cost certainty to istration’s management, the previously explosive ACA routinely taking COVID-19 also countless stories of pa- patients are blinded from premiums have stabilized (though they are still much too tests, even if asymptomatic, tients like me who are de- prices until they receive teachers, health care price high) and there has even been an upsurge in insurer partic- we can reduce the school nied COVID-19 tests yet their bills in the mail weeks transparency can make ipation in the severely damaged individual markets, where outbreak risk that would sig- receive five-figure bills for and months after treatment. classrooms safer and return personal choice and health plan competition have previ- nificantly set back reopening other related exams. Patients Price children faster, allowing par- transparency can ously collapsed. timelines. who do receive COVID-19 also lower runaway health ents to return to work, boost- When it comes to health care policy, Americans must ‘A major barrier to achiev- tests have been charged care costs. With access to ing the economic recovery. ignore the sound bites. When “progressives” in Congress ing this testing peace of roughly $6,500. While these real prices, patients can shop Just like how students rely and elsewhere promise that a “robust public option” will mind is the lack of cost cer- bills are outliers, tests regu- around for less expensive enhance personal choice and competition in the nation’s tainty around COVID-19 larly range from hundreds to care and find better value on teachers to provide them health insurance markets, don’t believe a word of it. diagnoses. If teachers like thousands of dollars. the same way we do for auto with knowledge, _ teach- In unguarded moments, they have admitted that the real me have to worry that CO- According to a Gallup repair, hair styling and life ers and all Americans need agenda is a destruction of personal choice and private plan VID-19 tests might gener- Poll, nearly one in six Amer- insurance. health care price informa- competition, and the subordination of American health ate ruinous medical bills, we icans with COVID-19 symp- Empowering patients with tion. care to an authoritarian system of centralized government will be far less likely to get toms would not get tested for prices will enable us to steer control. the care we need and our stu- fear of unknown costs. Hid- clear of price gouging pro- Melissa Szymanski is an Robert E. Moffit, Ph.D., is a Senior Fellow in Health dents deserve. Testing price den health care prices are, viders that charge $6,500 elementary school teacher Policy at The Heritage Foundation (heritage org). transparency is the solution. therefore, not only a finan- for COVID tests, $20,000 in Windsor, Connecticut.