Letter to Supreme Court -Obamacare Violates Age Discrimination Act

March 18, 2012

Honorable Justices of the U.S. Supreme Court
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543

Dear Honorable Justices of the U.S. Supreme Court:

In addition to your current review of the constitutionality of “Obamacare” I urge you to consider the fact that it is in direct violation of the Age Discrimination Act of 1975 since it is a federally funded legislative program that discriminates against seniors. The following information and argument is given to support this:

Background Intent
Dr. Ezekiel Emanuel was a chief advisor to President Obama on healthcare. Both by words and implication Dr. Emanuel indicated that expensive healthcare treatment should be given to those only most productive to society. This, by inference, discriminates against seniors. He had written… “Even if 25-year-olds receive priority over 65-year-olds, everyone who is 65 years now was previously 25 years. Treating 65-year-olds differently because of stereotypes or falsehoods would be ageist; treating them differently because they have already had more life-years is not.” (Thus the implication here is that it is OK to treat seniors differently since they have already lived) . He went on further to say “When implemented, the complete lives system produces a priority curve on which individuals aged between roughly 15 and 40 years get the most substantial chance…” (The clear implication here is that seniors are not a priority, thus discriminated against).

This has been followed by President Obama, himself, in answer to questions on ABC, where he said that "maybe you're better off not having the surgery, but taking the painkiller." (In reference to the elderly). In another instance he said, "I mean, the chronically ill and those toward the end of their lives are accounting for potentially 80 percent of the total health care bill out here. It is very difficult to imagine the country making those decisions just through the normal political channels. And that’s part of why you have to have some independent group that can give you guidance".

The background and intent of Obamacare is clearly set up to allow for discrimination against seniors.

Actual Implementation of Obamacare
The implementation of Obamacare calls for 1/ 2 trillion dollars to be taken out of Medicare. Medicare serves seniors, what could be more plain than this. In order to implement this the doctors reimbursement rate for Medicare / seniors will be lower. Already many physicians are refusing new Medicare patients since it negatively affects their income. This leads to de facto rationing and discrimination against seniors.

David Berwick, President Obama's appointee to head of the Centers for Medicare and Medicaid Services, who will be overseeing implementation of America’s new government-run health care told the Biotechnology Journal in 2009, "The decision is not whether or not we will ration care; the decision is whether we will ration with our eyes open". He stated costs must be contained, so decisions are made through a "comparative effectiveness" formula, which compares various treatments versus benefits the patient receives. If a treatment costs more than the "quality adjusted life years" merit, treatment is denied. Is there any doubt whatsoever that this will be extremely detrimental to seniors and their healthcare?

Since Obamacare will supposedly take on up to 30 to 50 million more potential patients, with no clear plan to provide for additional physicians, this will lead to necessary rationing and also will amount to de facto discrimination against seniors for all of the reasons given above.

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Looking objectively at the intent and by the actual implementation of Obamacare, it discriminates against seniors and violates the Age Discrimination Act of 1975.
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Massive Impact Upon Seniors
The National Healthcare, H.R.3590 - Patient Protection and Affordable Care Act, “Obamacare” is a clear violation of the Age Discrimination Act of 1975. This violation will affect 60 million Americans today, 55 and older, and an expected 107.6 million Americans (31 percent of the population) expected in 2030. This amounts to no less than massive age discrimination.

You are urged to consider this violation in your deliberations on the constitutionality of The National Healthcare, H.R.3590 - Patient Protection and Affordable Care Act. Thank you.