Writer/Social Scientist Jerrold Auerbach once noted that learning the law was the process of learning how to take two things inextricably bound together and thinking about one, without thinking about the other. In Med School he noted, completion of that process is called a Lobotomy... in Law School they award you a degree.
The current Healthcare arguments before the Supreme Court are a great illustration of how we lawyers and Judges often lose the forest in the trees. For no one is mentioning the most foundational issue...