Jonathan Cohn’s Bloomberg View column on the Supreme Court’s pending health care ruling raises a critical, though I think under-appreciated, point about health care and economic freedom. Cohn offers background:
As they await the Supreme Court ruling on the Affordable Care Act, legal critics of the law say their case is about liberty. If the government can instruct people to obtain health insurance, they keep asking, what’s to stop it from requiring them to buy broccoli?
But the real threat to liberty in this case isn’t a hypothetical broccoli law. It’s the problem that the mandate remedies — the failure of the health-insurance market — and the long-standing national crisis of rising health-care costs that Congress finally found a way to address.
The conservative reproach of the health care law has hinged on this fairly paranoid — but not completely groundless — fear that if the government’s power to force people to buy health insurance is judicially affirmed, then eventually the government will begin forcing people to buy broccoli and all manner of things. As a thought experiment, it’s amusing to wonder, if the exact same law had been passed by a conservative president (which is conceivable given its parallels to Massachusetts’ Romneycare), what kind of legal and/or economic defense would have been given? One can imagine that defense having something to do with the law’s ability to promote greater economic freedom and better macroeconomic outcomes.
Most Americans currently obtain insurance through their employers. People who are unemployed, employed part-time, or on a wage basis often do not have access to the kind of insurance that full-time workers enjoy. Full-time employees who are considering leaving their jobs, for whatever reason, thus face not only the prospect of a loss in income but a loss in health coverage. This creates a rather serious incentive for people not to change jobs, not to invest their money, not to start companies (and create new jobs), not to further their education, not to take on additional debt, and generally to be as economically risk-averse as possible. That is precisely the opposite kind of economic environment conservatives seek to promote, at least as far as the public record goes. On the employer side, the situation isn’t much better. The growing costs of insuring employees creates a disincentive for large and small businesses alike to hire new employees, which impedes growth and contributes to high unemployment.
A conservative defense of an Obama-style health care law, I’d have to imagine, would focus on the advantages of mitigating the workforce’s persistent concerns about health care. If your argument for improving the economy is that government needs to create the conditions for people to take more risks, create more jobs, and invest more, then it seems to me you need to actually take the steps to create those conditions — not just engage in a lot of hand-waving while taking lobbying money from the health insurance industry.