You have the right to a lawyer, but not to a doctor. Stupid Constitution. Wait...

[librechik]

Come on, it's got to be in there somewhere. How about the equal treatment provision? Jimmy Kimmel's baby gets treated, therefor everybody's baby is entitled to the same treatment under the amendment.

Right?

[itcfish]

1. In 1788

When the Constitution was written, medicine was not was it is today. Medical Doctors were few and I don't know if any or many hospitals existed. I am a firm believer that there should be a constitutional amendment that every US Citizen has the right to healthcare.

[librechik]

8. If it has to be that way, sure let's go!

But I hear that something in Obamacare literally does declare a right to healthcare, buried in the administrative rules. Can't prove it myself tho.

[HeartachesNhangovers]

10. Can a law establish a constitutional right?

I don't think so. Just as a law can't eliminate a right. An actual change to the Constitution, of course, would be different, but Obamacare didn't do that.

[librechik]

11. no, but the SCOTUS could, given the right challenge

hypothetically

[FBaggins]

2. The equal protection argument wouldn't fly

Rich people have lots of things that the rest of us don't have... it's pretty much the definition of "rich". "They have 'X', therefore I'm entitled to 'X' isn't plausible.

[librechik]

7. "things" is different than inalienable right. The rich can have more stuff, not more rights.

[FBaggins]

9. Not really different in this case

He wouldn't have "more rights" in this case. He just has more money. No hospital would turn someone else aside for the same treatment if the person had the money.

[elehhhhna]

3. The Declaration of independence - our founding document - is very clear on this.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

[northoftheborder]

4. "Life" includes medical care in my view

[LAS14]

5. Excellent observation! There it is, right in front of our eyes! Has anyone....

.... taken this idea to court??

[librechik]

6. Declaration not a legal document

I'm sure it's been mentioned in arguments, tho, somewhere.

[Act_of_Reparation]

12. Gideon v. Wainright (1963)...

...established the court's responsibility to provide counsel if the defendant is unable to provide counsel for themselves. Before that, the Sixth Amendment was interpreted to mean that the government could not compel you to stand trial without counsel.

Not especially germane to argument, I know, but I remember being extremely surprised to learn the right to an attorney was such a recent development.

[librechik]

13. Thx for the info! n/t

[jmg257]

14. Who is saying babies can't go to the doctor for treatment??

[librechik]

15. nobody is saying that

Babies are treated differently depending on how much money/insurance the parents have. Jimmy Kimmel (and me) are saying that's not right.

[jmg257]

16. Ah - got it - thanks!