A few posts ago, while the Supreme Court was still hearing arguments on the legality of the Healthcare Act, I said, “If the Supreme Court strikes-down the Health Care Act, and we have to start health care reform all over again, instead of fixing the imperfect beginnings that are already underway, I’m just going to freak out.” So, it has passed, as a tax and not under the Inter-State Commerce Clause, but in any case, now we’ll have it- Obamacare (properly referred to as The Patient Protection and Affordable Care Act).
What does this mean to congress? Not much. And that’s the nature of sinat hinam, baseless hatred. The rabbis of the Talmud said that it was for baseless hatred that the Second Temple in Jerusalem was destroyed in 70 C.E. If the Democrats like something than you can be sure the Republicans will hate it, and vice versa.
This type of tit-for-tat bickering is not just exhausting for the country to watch, but it’s downright destructive for our society, which, before politics became so partisan and divisive, prided itself on the strength of our diversity.
Consider the classic cautionary tale about why Jerusalem was destroyed. There was a mix up on the invitations to a party. Two men whose names sounded awfully similar each thought that they were the rightful guest at a party. The problem is that that hated each other, couldn’t stand each other, and nobody set them straight. Even the sages that were present at the affair said nothing. You can read the whole story here, but to get to the juicy part, one of the men incited the Romans against the Jews. He told Caesar to send the Jews a goat to sacrifice at the Temple, a goat that would seem perfectly fine by Roman standards, but that the Jews would find blemished, unfit as a holy offering at the ancient Temple:
The Rabbis wanted to offer it, despite its disqualifying blemish, to preserve good relations with the authorities.
Rabbi Zekharya ben Avkolus said to them: “People will then think that blemished animals may be offered upon the altar.”
They wanted to kill the person who brought the animal, so he could not go and inform on them. Rabbi Zekharya ben Avkolus said: “People will say that anyone who places a blemish in a sacrifice should be killed.”
RabbiYochanan said: “The humility of Rabbi Zekharya ben Avkolus destroyed our temple, burned our sanctuary and exiled us from our land.” (Gittin 55b-56a)
By analogy, the debate regarding Obamacare , even after Chief Justice Robert’s tie-breaking vote to affirm the legality of the law, is likewise so toxic that it feels like we’ve been boxed in. In truth, nobody loves the law as it stands, Democrats wanted more, and Republicans in the House have already set a date to repeal it (July 11th).
What we know will happen with this admittedly (by everyone) imperfect law, is that when the cracks start to show, Conservatives will say, “we told you so.” You can set your clocks to it. And, they’ll be right.
But here is where we should learn the lesson of baseless hatred: When the costs rise instead of fall, or coverages shift in ways we did not predict and do not want, let us not throw out the baby with the bathwater. Let’s just make more calculated adjustments.
The truth is, the middle is messy. The law that was passed was built on the Centrist idea that a few steps forward are better than waiting for the perfectly crafted bill to be born, which would never have happened in the polarized system we currently have. When we become intrenched, clinging to one good ideal over any other (“I will never raise taxes”, “Everyone should have healthcare coverage”) we freeze up; we fail to act in the best interest of those we care for, and when that happens, society’s moral compass falters.
Republicans should not waste time trying to repeal Obamacare (a repeal will never pass the Senate even if it passes the House), they should be trying to improve it, and Democrats would be wise to listen to them.
I can’t seem to decide, do I want to move America “Forward” or do I “Believe in America”? I’m not sure if it matters that I back President Obama or Governor Romney because what I really worry about is what they can or can’t get done. Congress seems so divided that precious little can ever get done. According to Gallup, Congress’ Approval Rating was at 10% in February; now it is up to 17% (April). By comparison, BP’s approval rating during the horrible oil spill in the Gulf was 16%. I won’t be surprised when I see“Congress, we’re kinda like cheap gas” on the bumper of the Subaru that keeps my neighborhood politically informed.
The system of checks and balances that we have in this country looks to the Justice System, the Supreme Court, when the other two need sorting out. With life-time appointments, our highest justices are suppose to be the adults in the room. Are they? Before the Supreme Court, right now, is the best Health Care bill our great nation has been able to produce since the creation of Medicare. It’s not perfect, but I believe in incremental progress when the alternative is gridlock and argument while those in need suffer.
The need for progress in health care is startling, and marks a divide be in our county between those who have and can afford access and those who cannot. The journal Health Affairs, recently presented us with this stark reality:
“…Access to health care and use of health services for adults ages 19–64—the primary targets of the Affordable Care Act—deteriorated between 2000 and 2010, particularly among those who were uninsured. More than half of uninsured US adults did not see a doctor in 2010, and only slightly more than a quarter of these adults were seen by a dentist.”
The central role of government is to keep us safe, which includes much more then external military or terrorist threats, but also our physical and mental health. The Talmud teaches that a rabbi is prepared to interpret law, when he or she can prove that which is unkosher to be kosher in twenty-four different ways. I assume the same thing of Supreme Court Justices, civil jurists of the highest ability. Activists or strict Constitutionalists, I believe that they can find what they want in the law to say whatever they want. Which brings the issue to a moral question – Everyone deserves medical coverage. In one of the most affluent nations in world history, it is an embarrassment that 5000 people have to wait once a year outside a sports area to get free health care (a big “thank you” to the volonteers at CareNow LA, now called Care Harbor).
If the Supreme Court strikes-down the Health Care Act, and we have to start health care reform all over again, instead of fixing the imperfect beginnings that are already underway, I’m just going to freak out. If the Health Act tanks, Obama won’t save us, and Romney won’t either. Rabbi Abraham Joshua Heschel taught that “in a free society, some are guilty, all are responsible.” So if they mess it up, its on us, people. We’ll have to act. If they do strike it down, this is what I want you to do: ”I want you to go to the window, open it, and shout, ‘I’m mad as hell, and I’m not going to take it any more!‘”
No matter how much we “believe in America”, it may take a collective crescendo of rage to move us “forward”.