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Why the New Healthcare Law Should Have Been Based on Medicare (And What Democrats Should Have Learned By Now)

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Other federal judges in district courts -- one in Virginia and another in Florida -- have struck down the law on similar grounds. They said the federal government has no more constitutional authority requiring citizens to buy insurance than requiring them to buy broccoli or asparagus. (The Florida judge referred to broccoli; the Virginia judge to asparagus.)

Social Security and Medicare aren't broccoli or asparagus. They're as American as hot dogs and apple pie.

The Republican strategy should now be clear: Privatize anything that might otherwise be a public program financed by tax dollars. Then argue in the courts that any mandatory purchase of it is unconstitutional because it exceeds the government's authority. And rally the public against the requirement.  

Remember this next time you hear Republican candidates touting Paul Ryan's plan for turning Medicare into vouchers for seniors to buy private health insurance.

So what do Obama and the Democrats do if the individual mandate in the new health-care law gets struck down by the Supreme Court?

Immediately propose what they should have proposed right from the start -- universal health care based on Medicare for all, financed by payroll taxes. The public will be behind them, as will the courts.

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Robert Reich, former U.S. Secretary of Labor and Professor of Public Policy at the University of California at Berkeley, has a new film, "Inequality for All," to be released September 27. He blogs at www.robertreich.org.

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