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Supreme Court puts stethoscope to “Obamacare”‏

By Dr. Gaston Saint Martin, published from Chicago, Il. (

I agree with the ideas of PLF and Timothy Sandefur most the time, specially about his magnificent book “The right to Earn a Living” , but no this time.   May be our different points of view are because I am a physcician and Mr Sandefur is a lawer.   I am an Argentine MD trained in The US (late sixties).  To be trained I chose Louisvile University, Ky, because it was one of the oldest, smallest Municipal Universities in This Union. That area (south of Ohio river and north of Tenneessi river, was considered the poorest underdeveloped area of The US; as I was planing to go back to practice medicine to the Patagonia I hoped to find in Kentucky similar pathology and socioeconomic problems (sociology discipline, is not  socialist , or comunist idealism). As I was a legal inmigrant, I had the opportunity to remain here, to practice and make e living in The US, once I finished my training.  At that time were some reports that pronosticate the most brillant future (socialy, economic, and stability to Lawyer Juges and to MD well trained with speciality and aproved Boards. I didn’t care about money, I went back to the patagonia any way.  But don’t get me wrong, I am not saying “I do not like money” , I do love to charge a lot for a well done job, specially for a Job that only me can be do so well: BUT I do no like at all the reverse: “to do things in medicine because of money…  I name that “mercantilism or bourgeois medicine. I worker hard over there, trying to improve things and help to have there the good things we have here. I had failures and I had success.  No infrecuently, when I tried to change some thing for better, I was shouted: “Oh shut up… You “Yanqui Doctor” not preciselly in a positive way.  In 2002 (when Argentina went to the economic default, we couden’t tolerate such stupidity, and decided come back to The US. I was shocked!  The Medicine I sustained it was “The Best medical Care in the world… was not any longer so… it was too expensive and do not reach too many people…  it is a burgoise medicie I do not like and I know: “Some thig must be done to correct errors…”  I know President Clinton and his wife Hilary have tried to do some thing, but failed. Our “Medical / Hospital Corporation is too powerful!!!  Even Adam Smith whould disaprove what we are doing if Mr Smith could see it!.  I do know  “OBAMACARE” is far from perfect but is the beginning of a change “at least”…

I indented  to write about a word it is not well understood in The US. (capitalism Burgees) and why medical care can’t be included as a “commerce activity”  and  refute or at least show the other view of Sarah Palin “Death Commission”  and why health care exceeds our (Mds) responsibility , and against our (Mds.) “proprietary concept of the fast advancing  medical technology. –  Just below it is what OLF and Timothy Sandefur sent to me:

From:  PLF Sentry (
Sent: Wed 3/21/12 8:06 AM

March 21, 2012

For three days next week, the U.S. Supreme Court will hear oral arguments over the Patient Protection and Affordable Health Care Act – the sweeping new federal health law widely known as “Obamacare.”

PLF’s e-book on Obamacare explains the legal issues as the Supreme Court hears this momentous case.

Pacific Legal Foundation, in concert with other profreedom organizations, has filed a brief with the Court, targeting the law’s central plank: The decree that most Americans who aren’t covered by employers must buy a government-dictated health-insurance plan.

“The individual mandate represents an unprecedented expansion of federal power,” explains PLF Principal Attorney Timothy Sandefur, who co-authored PLF’s brief. “The Constitution does not give Congress the power to force people to buy or sell things. If the mandate is upheld, the door will be open to all kinds of economic mandates, with D.C. bureaucrats dictating our most personal decisions.”

The stakes for the economy – and for liberty

Beyond the threat to constitutional limits on federal power, Obamcare’s policy effects also have millions of Americans worried – its coercive dictates to medical providers, insurance companies, and private employers; its heavy taxes and fees; and the prospect that bureaucratic meddling will compromise health care quality and deter the development of new drugs and therapies.

Timothy Sandefur explains Obamacare’s assault on constitutional principles – and individual liberty.

But if safeguards for federalism and freedom fall away, debates over mere policy issues will be almost beside the point. So PLF’s focus is where it must be: keeping the Constitution – and its framework of limited, decentralized government – healthy for this generation and those to come!

PLF: The most active challenger to the federal health care takeover

PLF is the nation’s most active organization in challenging the federal health care law. In addition to prosecuting our own lawsuit on behalf of Iowa small-business owner Matt Sissel, we have filed 10 amicus briefs in support of five high-profile suits, including Florida’s.

Read Tim’s latest blog posts on health care.

The quality and quantity of our work haven’t gone unnoticed. The Supreme Court Insider, published by The National Law Journal, recently named PLF Principal Attorney Timothy Sandefur its “Litigator of the Week,” in recognition of his briefing and legal scholarship opposing Obamacare.



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