Hobby Lobby Case Analysis
One legal hurdle is privacy. “Power corrupts and absolute power corrupts absolutely” (Penn, 2009, p. 35). The nationalized health systems will expose patients to the risk of lost privacy. Once a nationalized health system fully exists and there one centralized medical record, privacy becomes a major issue partially because of technology. Technology is as much of a friend as it is an enemy. On the one hand improved technology and electronic health records can help save lives by identifying allergies sooner but, one the other hand if the medical records are compromised by unwanted eyes of a neighbor or worst hacker privacy for the individuals are gone forever.
Another hurdle facing the nationalized health system in this litigious society in which we live are employer funded insurance policies. Companies that are religious or have religious interest are contesting parts of the Affordable Care Act. For example, Hobby Lobby sued the government so that they “would not have to provide coverage for contraceptives for its employees” under the Religious Freedom Restoration Act (Strine, 2015, p. 91). They ultimately won their case in Supreme Court.
The decision the Supreme Court made in the Hobby Lobby case supported the need for an insurance exchange in the open market. The hurdle then becomes the obstacle some states are posing by not developing exchanges. In
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E. (2012). The Affordable Care Act after the Supreme Court Decision. Journal Of Financial Service Professionals, 66(6), 27-29.
Penn, J. D. (2009). Nationalized health care, stimulus and privacy rights. Fort Worth Business Press, 24(29), 35.
PYLES, J. C., CAMPBELL ERWIN, P., & BONNYMAN, G. (2015). CHECK-UP: CURRENT AND FUTURE CHALLENGES UNDER THE AFFORDABLE CARE ACT. Tennessee Journal Of Law & Policy, 10(3), 44-85.
Strine Jr., L. E. (2015). A Job Is Not a Hobby: The Judicial Revival of Corporate Paternalism and Its Problematic Implications. Journal Of Corporation Law, 41(1),
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