Make Universal Healthcare a Constitutional Right

Make Universal Healthcare a Constitutional Right

Started
July 13, 2022
Petition to
Signatures: 221Next Goal: 500
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Why this petition matters

Started by Robbie Carter

 If you would like to make suggestions about this case that I hope to take up in court and/or offer advice, please join the Facebook group. Here is my argument for constitutional universal healthcare:

I believe that the Supreme Court, by overturning Roe v. Wade, has set a precedent that would require universal health care to be written into law since it is constitutional. Here's how:

The United States does not provide a universal healthcare service to its citizens. However, other countries do. 43 countries provide either free or universal healthcare and 23 of 24 industrialized countries provide universal healthcare to their people, but the US does not. In fact, the United States is the only industrialized country not to provide universal healthcare. The United States ranks highest in healthcare spending among the developed nations of the world. The Supreme Court has recently considered what other countries offer in terms of health care when considering Dobbs v Jackson. As Justice Alito wrote in his opinion “at the time of enactment, only six countries besides the United States “permit[ted] nontherapeutic or elective
abortion-on-demand after the twentieth week of gestation.” The Supreme Court, by making this statement, has set the precedent of comparing the United States with the rest of the world in Supreme Court cases and therefore, the Supreme Court shall consider the 43 countries that offer free or universal healthcare in the world.

In terms of constitutionality, the United States has openly refused its people universal healthcare since its founding and therefore deprived its people of “life, liberty, or property” without due process of law which can be found in the 5th and 14th amendments.

Between 8,434 and 25,180 non-elderly adult deaths were attributed to coverage losses between 2017-2019. This number doesn’t include children either. If you just look at the people who are uninsured or underinsured, over 26,000 Americans die each year because of lack of health
insurance.

A study has recently found that the percentage of excess deaths not assigned to COVID-19 was higher in counties with more uninsured individuals. This data shows that counties with more uninsured people may not have known the gratitude to which Covid-19 was affecting them.

The life expectancy in the United States comes second to last among industrialized nations, with Turkey closely behind us. According to the National Research Council (US) Panel on Understanding Divergent Trends in Longevity in High-Income Countries, “the lack of universal access to health care in the United States undoubtedly increases mortality and reduces life
expectancy.” This fact proves that we are not using our healthcare system to its best possible potential by denying people the right to live a long, prosperous life. This proves that the US has deprived its people of “life,” as defined in the constitution.

According to a Yale study, “more than 335,000 lives could have been saved during the pandemic if the U.S. had universal health care.” Thus, the U.S. has deprived 335,000 American people of “life liberty, and property.”

These numbers show that specifically, the United States has refused to give healthcare to its citizens and thus, has deprived its people of specifically, “life”, since over 26,000 Americans die every year because of being underinsured or uninsured. As such, universal health care shall be
adopted federally in the US.

This is an equality issue as well. For example, as a study from 2020 found, “the percent- ages of Blacks and Hispanics with no health insurance coverage for the entire calendar year were higher than for non-Hispanic Whites.” Universal health care would close this coverage gap since coverage would be given to every person in the United States. According to American Progress, “less than half of women (48 percent) are eligible to get health insurance through their jobs, compared with 57 percent of men.” Again, this would be fixed with coverage given to every person in the US.

The 14th amendment specifically states “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Not guaranteeing universal health care to all clearly denies the people of
the US “life” and has clearly discriminated against women alongside Blacks and Hispanics. Not guaranteeing health care to every single person has deprived its people of “equal protection of the laws.”

The Supreme Court in Dobbs v Jackson stated that “viability also depends on the quality of the available medical facilities.” The court shall consider that the medical facility that a woman travels to depends on her health insurance situation. As concluded in a study in 2013, “Changes in insurance coverage associated with healthcare reform may impact costs and quality of care for women giving birth in US hospitals.”

According to the Commonwealth Fund, “The U.S. has the highest maternal mortality rate among developed countries.” This statement proves that the United States can reduce the maternal mortality rate by providing universal health care, especially since the rest of the developed world provides universal health care to their people. The court must consider this.

The court must also consider that the private health insurance industry did not exist when the Constitution was written. Any mention of “health insurance” in the constitution does not exist simply because the first health insurance startup didn’t exist until the 1920s. However, even though health insurance is not mentioned in the constitution, that does not mean that it is not a constitutional right. The United States has deprived its people of “life, liberty, and property” since its founding.


The question before the Supreme Court is, “Is universal healthcare a constitutional right?

Sources:
https://www.internationalinsurance.com/health/countries-free-healthcare.php
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
https://www.healthaffairs.org/do/10.1377/forefront.20201027.770793/full/
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2323087/
https://www.oxfordreference.com/view/10.1093/oi/authority.20110803100002206
https://www.investopedia.com/ask/answers/020915/what-country-spends-most-healthcare.asp
https://www.census.gov/content/dam/Census/library/publications/2020/demo/p60-271.pdf
https://www.americanprogress.org/article/the-health-insurance-compensation-gap/
https://www.worldometers.info/demographics/life-expectancy/
https://www.ahpcare.com/a-brief-history-of-private-insurance-in-the-united-states/

This the complete draft of my argument to the Supreme Court.

This would tremendously have an impact on you and your family since everybody would have healthcare that has zero premiums, deductibles, and copays.

 

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Signatures: 221Next Goal: 500
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