The New York State Penal Code Section 155.05 describes in relevant part Larceny as stealing property with "... intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes ... such property from the owner thereof". It defines doing this by means of extortion as compelling or inducing "... another person to deliver property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will ... Use or abuse his position as a public servant by some act within or related to his official duties, ... in such manner as to affect some person adversely; ".
The current bill before the US Senate delivers millions of citizens to the private insurance companies and forces millions of Americans under the threat of fines to pay fees (hand over their money) to the private insurance companies (third person). If this were a B movie our legislative branch would be played by the crooked cop on the beat. For a kickback i.e. campaign contributions the officer is prepared to force millions of citizens to hand over their money to the insurance corporations. The defenders of the current legislation point to, for instance, the provision concerning prior medical condition. This is no small item; however without cost containment the legislators and the President i.e. the crooked cop on the beat is pushing our hands out of the way, holding open wide our pockets and facilitating the private insurance companies ability to dig deep therein to take our money to cover the cost for such coverage. In the B movie the esssence of this provision would be played out with gangster, after extorting money form the shop owner, handing some bubble gum to the owner's child.
I supported a Single Payer Plan but it had no chance. I supported a Public Option. I was not sure of the Medicare buy-in but i was intrigued by it. I was even willing to support a trigger that held a loaded gun with a hair trigger to the head of the insurance companies. But with the legal kickbacks, such an alternative had no more chance than the single payer, the public option or the medicare buy-in. Those who urge support for this legislation with the assurance that it will be improved upon ignore this and would lead us down the primrose path of supporting a bill which while not a crime brings to my mind the analogy of extortion. For those who would argue that the comparisons made herein can be made to many pieces of legislation the issue is not whether as a lawyer I can argue both sides of an issue but the totality of the bill up for consideration.
This bill should be defeated. If it is not then even if the Democrats lose badly in 2010 this should not be regretted. Forty Democratic Senators who stand for something or more importantly stand up for something are more important than sixty Senators who pass this type of legislation.