Its a wise and healthy block, and lays the foundations for future when participation in ethics is compulsory for the individual, group, and government in regards to
Euemptosia, the ‘the proness to disease’ we all have.
The Euemptosia of each individual is ultimately unique, and ideally we expect medical science to be able to custom design medicines and therapies exactly, in direct relation to the details of our symptoms. We would also like a scale of prescribed varieties that fit our personal choice in health if we individually dislike the solution due to excessive costs, moral or personal distaste in the method, or it just doesnt fit our life needs.
This is the obvious, perfered… dreamed to be perfected desire we would have of medicine, right… infinite, competent choice on a sliding scale.
The supreme court looked at how we are going to compulsively require entities who really shouldnt have ANYTHING to do with your health, required via liturgy (social contract obligations of one sector of society to provide to the rest, be it religious or purely secular, like in ancient Greece… a topic Aristotle was fond of discussing) to be part and parcel.
The Supreme Court recognized the obvious… the way we structured the law produces obvious moral implications which ultimately are unavoidable… the corporate system we used evolved in Feudal times… by mandating employers provide insurance didnt take them out of the loop morally, it FORCED them in if anything. They have become, much against their will, however irrationally… part of the medical decision making process. They are entities with a character, who can sue individuals for damages, and vice versa. They are by law able to form and dissolve contracts, and hold ideas, pursue and reject values, influence society, etc.
The idea of forcing them via compulsion, without choice, into their employees medical care via state enforced FEUDALISM therefor has obvious negative sticking points to a society that perceives itself post feudal, as individuals who are equal right citizens and, and not a hierarchy of specific, varying rights and responsibilities. The Supreme Court realizes its a Hybrid System… and it has precedents for both systems… common law stretches back to the 9th century after all, and some states, like South Africa, adopted a more Federal approach to it, where medical access to treatment was a constitutional right guaranteed by the federal government. That system produces advantages over ours, and obvious evils as well.
The good news is, though employers can op out… which is very sane, reasonable and good ultimately… it lays the foundation of compulsion in our society as ultimately restrained by morality, and not its Nazis opposite, the individual denied can shift the Onus to the courts to sue the insurance carriers in specific cases where their medical condition has no relation specifically to the face value objection of what that medicine otherwise can ethically due.
Our court system really doesnt have a series of precedents on the local and state level for this, but legislatively, some states have begun this, such as glacoma and medical marijuana… which was banned on a federal level.
What we are essentially seeing is a birth of what will someday become a new dedicated system of court law, similar to family courts and traffic courts, whos precedents start off in the era of state rights struggles, and a very weird and by all accounts backwards quasi-corporate, mandated medical insurance system from the federal level that has to balance out the science and logic underlining prescriptive science, liability, and the nature of individual morality and awkward group ethos.
Obamacare is insane and irrational AS IT IS, it trips up and smacks alot of civil and moral rights, is financially absurd, and unlikely to function long term as it is. This decision is the first of many, obvious necessary decisions that will in times come to weigh in on how our medical system should ethically function, the relation every member and group in society is obliged, and how medicine will need to evolve to better itself to meet our the challenge.
You will likely find popping up very quickly a niche market of entrepreneurs who will study this case, and customize kosher, halah, Christian, Hindu, etc prescriptive variants that get around thus issue. Say you need embryonic skin cells, but being a Christian, be as a employer or patient, are squeamish about executing a fellow american via a abortion, cannibalizing their flesh… you can look up an specific ethical alternative, that perhaps costs more, such as Matristem, which uses pigcells to regenerate flesh… ir if its Kosher or Halah issues, a further varient.
Our prescriptive medical system adjusts to a moral spectrum, where all levels of society that is compelled to comply… you the individual, doctors, your employer, local government, state, and federal balance our their issues together.
Its already nearly that complicated as it us, thus just streamlines that necessity, and gives a across the board initial impulse to get the judicial apparatus running.
If you dislike the idea of your employer having a say in your health, obvious thing to do is leave the employer, or if you cant for whatever reason, help appeal Obamacare with regard to employer mandates, and adopt a system, if your still otherwise for Obamacare, that doesnt irrationally drag your employer of all people into paying, and thereful having a default ethical and moral say, in your personal health care. The way our patient rights of privacy are set up, your employer cant know the specifics… if you want a procedure that is sickening and repulsive to them, something strongly linked to say… Organ Smuggling from duped Haitians tricked into selling a lung or kidney, then they have every reason to be opposed to products linked superficially to the trade. If I worked for you, and I said my doctor prescribed me Soylent Green, you obviously have every right to get pissed off and outraged if your the one paying for it, knowing what the main ingredient is. Much less of course if not required to pay for it… but even then, ethical questions arise. Hence why our laws are finally being linked up medically together, and the inevitable beginnings of a new medical court system, and a new medical entrepreneurial approach.
The trick is to think rationally, use your words and intellect, and not threaten civil war and physical harm to anyone who opposes your knee jerk, poorly thought out reactions. Obamacare is a very irrational, poorly thought out Frankenstein… and its essential characteristic is melding Federal and Feudal features together. Our courts synthesize and balance precedents, precedents stretching back over a thousand years, and expects broad uniformity in the mechanucs of the law, receptivity to the creation of new laws to be worked into and rebalance said system, and checks and balances outside of the court system to balance the system out. By bringing in non governmental parties, such as the medieval third estate, or under Obamacare Employers, into the workings of a government, you inevitably have to acknowledge they exist, that they have a moral and ethical framework to how they approach things, that if they are put into awkward or debilitating situations it has repercussions for they whole system, etc. Our employers are therefor part of our system of checks and balances, just as the media, corporate watchdogs, philosophers, lobbyists, professors, lawyers, etc have each taken stands and gained some accepted right and legal protection over time. Its inevitable in a participatory democracy with an independent legal system. It prefers deep thinking and philosophy over dick headed violent revolution to solve issues.
So think, dont threaten. And if you threaten, expect repercussions from those better positioned to hand out violence who are threatened by your threats.