Health Care Compromise: Exempt States with 6 or Fewer Insurers

By Alan W. Cohen

As three alleged Republicans (above) have now gone back on their campaign promises and refused to repeal the failing monstrosity known as the Affordable Care Act (a/k/a Obamacare), how about a new alternative?

Over here in Missouri, at the center of our nation, all we know is that our choices for health insurance are dwindling daily as premiums continue to skyrocket. President Donald Trump claims Obamacare is in a death spiral. Democrats and the media claim otherwise, calling out Republicans for forging a new health care bill behind the scenes when that is exactly what the Democrats did in creating it. It’s exasperating. There is truly a complete disconnect. There is Washington and there is reality. Never the two shall meet.

So, what is the solution? How about this: Simplify. We have 35 states that are completely red. We have 15 states that are either completely blue, or some shade of violet. Let them compete against each other. Let the blue states have their Obamacare. Grant a waiver to any state where the number of insurers is noncompetitive, say at least six. Block grant to those states Medicaid funds to cover those without insurance, and suggest strongly that they permit the sale of policies across state lines, and let the free market do its magic. Historically, states have been melting pots of ideas, permitting human creativity to find solutions that certainly no one in Washington. D.C., is capable. States might contract with hospitals to provide services to the poor for far less. States might adopt medical malpractice reforms such that it would entice the best of doctors. States might be competing to attract the best patient care, and thus attract the best businesses, create the best schools, and so on. Heck, states may do without insurance all together and permit providers to sell their services on the open market, just like most dentists have successfully done since they rejected Medicare fifty years ago. The possibilities are endless.

What about the blue states? It’s up to them. Today in the news, the State of Illinois, a blue state, is nearing bankruptcy. And, of course, there is California and New York, each teetering on the ends of socialist policies, raising taxes to such extremes that people are fleeing to Texas and California by the millions. Blue states can continue to commit financial suicide or they can choose. Illinois Republican governor Bruce Rauner has been fighting Democrats to save Illinois from filing bankruptcy since his election three years ago. And he’s losing. Margaret Thatcher said it best. Socialism works until they run out of other people’s money.

When you pit capitalism against socialism, capitalism will win out. Just as it always does.

Alan W. Cohen is a retired attorney, blogger and author. His new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available on Amazon.

Recent blogs:

Memo to Elite Media from Mid-America: We Don’t Care! So, Shut Up Already!

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Can Millennials Save Marriage in America? Studies Say Yes.

Hear Me Bernie Sanders: There is No Constitutional Right to Health Care

 

Another Teacher Rape of a Young Boy, Another Future Child Support Claim

By Alan W. Cohen

It seems like it happens every year. Some loco female teacher go gaga over a young boy, and is found out only when a child results. It happened again this week, when it was reported:

“Marissa A. Mowry, 25, was arrested by the Hillsborough County Sheriffs Office and taken to the county’s jail, Fox 13 reported.

Mowry reportedly started a sexual relationship with an 11-year-old boy in 2014 when she was 22, police said, adding that the relationship went on until the boy was 14.

In October 2014, Mowry gave birth to a child who is now 3, deputies said.

Mowry is facing sexual battery and sexual assault charges. The Hillsborough County Sheriffs Office Child Protective Division is also investigating the incident, WFLA added.”

Here’s the bad news for that boy. In just four years, he will be a legal adult, and that same rapist will likely go after him for child support and win. Yes, being the victim of a rape is no defense to child support. That was something that was decided in the family courts more than 25 years ago when a Wisconsin Court of Appeals found that a being raped as a minor was no defense to paternity, that the resulting child was the innocent one, and all children deserve to be supported. Period. All 50 states have adopted this principle, as has our federal government. All that matters is that the sperm hits the egg.

A more immoral statement has never been spoken. And that is what our nation has turned into, a land where right is wrong and wrong is right, where the Natural Law that Aristotle spoke of, is turned completely on its head. The Roman senator Cicero distinguished between the laws of nature and the law of man. The law of nature was moral and incorruptible, while the law of man changes with the wind, the will of the mob against the rights of the individual.

What we have in America, and have had for more than 150 years, is man made law trumping natural law. As I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, the Founders of our great nation believed in the Natural Law, that, as stated in the Declaration of Independence, “we were endowed by Our Creator with certain unalienable rights” including the Right to Parent and the Right to Marry, rights that are forever entwined in Religious Liberty. When our Supreme Court, beginning in 1833, turned away from individual liberty in favor of majority rule, it turned against Natural Law. As Locke once said, Natural Law is right reason, that is purely ethical. Our Founders agreed, finding that government had no authority under the Constitution to compel anyone to do anything when it came to how to raise their children.

In 1888, the Supreme Court rejected the Founders and adopted a bastardized version of English marriage law that was based on the canons of the Anglican Church, forcing all Americans to adhere to what was, in England, a voluntary choice. The government was thus free to compel individuals to adhere to its rules, one being that a husband must support his children or be subject to state determined punishment. In 1973, the Supreme Court ruled that children had no right to financial support from their fathers, but if a state required fathers to support their children, it could not discriminate based on marital status. The federal government pounced, and issued laws requiring all fathers to support their children until age 18, creating an immense bureaucracy that puts the IRS to shame, to enforce that edict.

So, for this now 14-year-old boy, who will be forever traumatized, the rape is not over. It will continue for the next 15 years thanks to the federal government and the Supreme Court.

Alan W. Cohen is retired after more than 25 years as an attorney practicing Family Law. He is also the author of America Solved: A New Family for the 21st Century, a scathing review of what he calls The Child Support System.

Recent Past Blogs:

RIP: Herma Hill Kay, Creator of No-Fault Divorce, Destroyer of Traditional Marriage

Simple Health Care Solution Pits Capitalism Against Socialism

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Can Millennials Save Marriage in America? Studies Say Yes.

 

RIP: Herma Hill Kay, Creator of No-Fault Divorce, Destroyer of Traditional Marriage

By Alan W. Cohen

There is one law that neither state legislatures, nor the United States Congress, can destroy. That is the Law of Unintended Consequences, the law that suggests that drastic changes in the status quo might sound good on paper, but in reality lead to disastrous results. So it was with no-fault divorce, and its matriarch, the late University of California-Berkeley law professor Herma Hill Kay, who died last week at the age of 82. Kay, who was three times married, felt that the patriarchal society had imprisoned in her marriage, and wished that all women could be freed to make their own choices. Kay’s problem was not that she was wrong, but that her solution was completely one-sided, creating an full scale war on men that would be the focal point of second wave feminism.

Sharon Presley explains that in a 2015 essay that all Kay and the second wave feminists did was exchange one patriarchy for another. “Libertarians fail to see how women—or men—can be free of domination when they are dominated by a coercive government. If one of the goals of feminism to achieve a society in which women are free to make their own decisions about their own lives independent of the coercive domination of men, we fail to see how a government currently dominated by men is an improvement, let alone feminist.” Presley cites a discussion paper of the Association of Libertarian Feminists that stated in 1975: “…turning to the government just changes the sort of oppression women face, not the fact. Instead of being overburdened as mothers or wives, we become overburdened as taxpayers since child-care workers, doctors, etc., have to be paid by someone unless they are to be enslaved also! Turning to the government to solve our problems just replaces oppression by patriarchs we know—father, husband, boss—with oppression by patriarchs we don’t know—the hordes of legislators and bureaucrats who are increasingly prying into every nook and cranny of our lives!”

As I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, state and federal coercion has no constitutional validity, but rather is based on the patriarchy of the Anglican Church, where a woman was property of her husband, and confined as the United States Supreme Court said in Bradwell v. State in 1873 to the role of wife and mother.  Religious freedom is forever intertwined in marriage and parenthood, and the state and federal adoption of the canons of a particular religion are directly counter to our Founding documents. Yet, for a century after, the price of confining women to their predetermined role bore squarely on men who, as modern day writers such as Camille Paglia have pointed out, were pushed to take on professions that could daily end their lives And, thanks to Kay, men continued to pay the price as all fifty states adopted her solution, one that permitted women freedom, but continued to place the financial burden of marriage and eventual divorce on both their husbands and their children. Further, as psychologist Barbara Whitehead pointed out in her iconic study, enshrined in her book, The Divorce Culture, women were the instigators of divorce 85 percent of the time, and their reasons had little to do with the actions of their husbands. Rather, women sought some form of nirvana that they called happiness, a place that Aristotle tells us exists only after a lifetime of achievement.

Instead of freedom, all that Kay achieved for women was weakening of both men and women. Permitting the easy escape from a contractual commitment without dire consequences greatly diminished the nature of the bond. Marriages morphed from a lifetime choice to a temporary one. Marriage is hard work. As a result of the no fault divorce, first women, and later men, decided that it is not really worth the effort, and pale in comparison to the emotional strength of their ancestors. Can you picture the spoiled snowflakes of today living in the harsh realities of the 19th Century?
They wouldn’t make it through a single day without folding. Life is not a fantasy. Chick flicks remain stalwart in their romantic belief that the wedding is the beginning rather than the end of the story of life happily ever after. Reality is far from it.

Camille Paglia puts it best when she writes, “women have lost the daylong companionship and solidarity they once enjoyed with other women when they ruled the private sphere. … An enlightened feminism, animated by a courageous code of personal responsibility, can only be built upon a wary alliance of strong women and strong men.”

From her pen to God’s ears.

Alan W. Cohen is retired after more than 25 years as a family law attorney. He is a  blogger and author. He is also the author of the 2015 book, America Solved: A New Family for the 21st Century.

Some of his recent blog posts:

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Can Millennials Save Marriage in America? Studies Say Yes.

Journalistic Ethics is a Myth, Just Like in Any Other Business; Long Live Journalism

Tomi Lahren Touches The Soul of the Libertarian on Abortion Question

 

Simple Health Care Solution Pits Capitalism Against Socialism

By Alan W. Cohen

Are you tired of the bickering in Washington, D.C., over health care? Today, House Speaker Paul Ryan promised real reform even though the House bill is worse than the disease. Yesterday, socialists Bernie Sanders and Elizabeth Warren accused Republicans of causing the death of millions of Americans with their proposals to dump Obamacare. It’s the theater of the absurd.

Over here in Missouri, at the center of our nation, all we know is that our choices for health insurance are dwindling daily as premiums continue to skyrocket. President Donald Trump claims Obamacare is in a death spiral. Democrats and the media claim otherwise, calling out Republicans for forging a new health care bill behind the scenes when that is exactly what the Democrats did in creating it. It’s exasperating. There is truly a complete disconnect. There is Washington and there is reality. Never the two shall meet.

So, what is the solution? How about this: Simplify. We have 35 states that are completely red. We have 15 states that are either completely blue, or some shade of violet. Let them compete against each other. Let the blue states have their Obamacare. Grant a waiver to any state where the number of insurers is noncompetitive, say at least six. Block grant to those states Medicaid funds to cover those without insurance, and suggest strongly that they permit the sale of policies across state lines, and let the free market do its magic. Historically, states have been melting pots of ideas, permitting human creativity to find solutions that certainly no one in Washington. D.C., is capable. States might contract with hospitals to provide services to the poor for far less. States might adopt medical malpractice reforms such that it would entice the best of doctors. States might be competing to attract the best patient care, and thus attract the best businesses, create the best schools, and so on. Heck, states may do without insurance all together and permit providers to sell their services on the open market, just like most dentists have successfully done since they rejected Medicare fifty years ago. The possibilities are endless.

What about the blue states? It’s up to them. Today in the news, the State of Illinois, a blue state, is nearing bankruptcy. And, of course, there is California and New York, each teetering on the ends of socialist policies, raising taxes to such extremes that people are fleeing to Texas and California by the millions. Blue states can continue to commit financial suicide or they can choose. Illinois Republican governor Bruce Rauner has been fighting Democrats to save Illinois from filing bankruptcy since his election three years ago. And he’s losing. Margaret Thatcher said it best. Socialism works until they run out of other people’s money.

When you pit capitalism against socialism, capitalism will win out. Just as it always does.

Alan W. Cohen is a retired attorney, blogger and author. His new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available on Amazon.

Recent blogs:

Memo to Elite Media from Mid-America: We Don’t Care! So, Shut Up Already!

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Can Millennials Save Marriage in America? Studies Say Yes.

Hear Me Bernie Sanders: There is No Constitutional Right to Health Care