It might just be that the courts will have to order a public option be an intricate aspect of the new health care reform laws, because, where federal authority has used the Commerce Claus 'historically' is in regard to Medicare. Needless to say the court issuing the opinion in Virginia is a "W" appointee. Henry Hudson does not have the authority to over rule precendent in regard to TRADITIONAL roles for the federal government in regard to health care. He could have been PROGRESSIVE and relieved the higher courts of the burden, but, he rather cause political chaos. He won't succeed in doing that because there are already federal mandates for Medicare and Medicaid. This health care reform is 'missing' the PUBLIC OPTION and therefore 'understates' the urgency of implimenting such health insurance.
What Hudson has done is OPT for 'State Rights' in regard to 'insurrance' rather than addressing the PARTICULAR clouts of 'health insurance.' Previous to pasasge of the current law the tenents were put through constitutional measures and passed the test.
The fact that Hudson did not stand in the way of implementation while the law is 'on appeal' is because he already knows there is a basis for the law. He's just being a jerk and deciding to rule with tradition rather than being prudent to the needs of a nation.
It is my opinion the brevity of the need for insuring the nation while citing the gross malpractice of 'corporate' insurance companies which have caused the deaths of Americans will order to bring the law into compliance the people of the USA will have to be offered a Public Option along side the private offerings simply because the corporate health insurance carriers have IN FACT carried out 'homicidal' decisions regarding the well being of Americans, including children. Why the CEOs aren't up on charges given the completely obvious infraction to laws of Manslaughter it beyond my understanding. They chose to allow people to die to collect greater profits for their companies. If that isn't manslaughter than I don't know what is.
So, in that light, the law is probably going to be stated to have to offer Americans a public option in addition to the private health care industry offering. The evidence just points in that direction.
The Hudson dialogue, if allowed to stand, could be a threat to Medicare.
