03/11/2010 08:55:56 PM EST

Medicare and the Equal Protection Clause

posted by dotkommissar

How is Medicare not age discrimination?  Wouldn't it violate the equal protection clause?  It would be like offering public health insurance only for white people or for men.

Why can't all the people who cannot get health insurance and are refused Medicare because of their age challenge the constitutionality of Medicare's age restrictions?

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Medicare and the Equal Protection Clause | 3 comments (3 topical, 0 hidden)
Excellent point. (none / 0)
Let's not forget that everyone is paying for medicare now.  Why should we pay for something that we can't use?

Don't waste your vote, vote Green or Independent in the next election.

by mcamelyne on 03/11/2010 10:51:39 PM EST

Be careful what you ask for (none / 0)
I really like the notion behind this, it's great outside the box thinking. At first, I went, "Huh? YEAH!"

But then I had my "Oh, but that would mean..." moment.

If such a case were brought and won, it would have the effect of pretty much wiping out ANY age restrictions for anything having to do with the Feds. A lot of very silly examples come to mind, but I'm afraid to list any because I found out a long time ago that the silliest notions are the ones which gather steam (see: "Call me a moron if it makes you happy"). I'm sure you can think of a few.

Still. I can't help but feel like there's something worth pursuing along this line of thought...send an email to Grayson?

by MedfordTim on 03/12/2010 01:33:21 AM EST

The impact of such a ruling (none / 0)
If the court were to decide Medicare violates rules against age discrimination, it would probably only have the power to strike down the Medicare law and would not be able to revise the law so that it is no longer discriminatory. That does not mean the law is not improperly discriminatory but demonstrating that fact in court might not be desirable.

by Corpusless on 03/12/2010 10:17:53 AM EST

Medicare and the Equal Protection Clause | 3 comments (3 topical, 0 hidden)
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