This whole thing is nothing more than a massive upscaling of the idea of requiring big minimum liability coverages on auto insurance (which is why the liberal 'elite' class think it's analogous to car insurance). The more insurance policies are in effect, the more trial lawyers can expect to get insurance companies to give big settlements out of court to avoid spending just as much defending a bullshit lawsuit. Health insurance policies pay huge to docs and hospitals so they can pay huge into malpractice insurance so that a big chunk of the legal industry can exist at its expense (and thereby at the expense of the original health insurance customers).
The majority of our legal industry exists through extortion of the healthcare industry and any other areas where businesses or individuals are insured. There is a good reason the trial lawyers' old boy club consistently supports liberals; and it's not to protect Johnny citizen.
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12:33 AM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
This whole thing is nothing more than a massive upscaling of the idea of requiring big minimum liability coverages on auto insurance (which is why the liberal 'elite' class think it's analogous to car insurance). The more insurance policies are in effect, the more trial lawyers can expect to get insurance companies to give big settlements out of court to avoid spending just as much defending a bullshit lawsuit. Health insurance policies pay huge to docs and hospitals so they can pay huge into malpractice insurance so that a big chunk of the legal industry can exist at its expense (and thereby at the expense of the original health insurance customers).
The majority of our legal industry exists through extortion of the healthcare industry and any other areas where businesses or individuals are insured. There is a good reason the trial lawyers' old boy club consistently supports liberals; and it's not to protect Johnny citizen.
And the big question is...if this health care bill was so great, and supposedly reformed the industry, why was there NOTHING in the 2000+ page bill about tort reform? Hmmm, leftists? Not ONE WORD about it.
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01:10 AM
partfiero Member
Posts: 6923 From: Tucson, Arizona Registered: Jan 2002
Originally posted by NEPTUNE: How do I get my name on the free money list? cordially, NEPTUNE.
Well if you were one of the elitist liberals you would have gotten tons of stimulus bucks. But the low class no count poor libs got squat. Your man really cares about the little people!
And this makes all the tea baggers happy, because????? That money comes from you. And me. Are you guys getting a fat check from the insurance company every month for furthering their interests? How do I get my name on the free money list? Hell, I could be persuaded to sell out for a few bucks. I'm almost 60, I don't have that long to live anyway... Especially if I get sick.
cordially, NEPTUNE.
PP.S: You love tearing this down, but what can/will you build in its place? The status quo?
Thats what I thought.
Of course I love tearing it down. I don't want it, a majority of the population doesn't want it as it is configured today, and a majority of the nation, as shown last Nov, doesn't want those who foisted it upon us, and I believe that trend will continue in the next federal election. Replace it what--here ya go: For those like you who do want it, I'll offer this: You pay for it. That's right--you pay for your and 1 or 2 other's healthcare premiums. Talk to your congressmen and get him/her? to sponsor a bill to that effect, and I'll happily support it. I'll be happy--you'll be happy--the other 1 or 2 people you pay for will be happy.
[This message has been edited by maryjane (edited 02-01-2011).]
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08:15 AM
Pyrthian Member
Posts: 29569 From: Detroit, MI Registered: Jul 2002
Originally posted by NEPTUNE: And this makes all the tea baggers happy, because????? That money comes from you. And me. Are you guys getting a fat check from the insurance company every month for furthering their interests? How do I get my name on the free money list? Hell, I could be persuaded to sell out for a few bucks. I'm almost 60, I don't have that long to live anyway... Especially if I get sick.
cordially, NEPTUNE.
PP.S: You love tearing this down, but what can/will you build in its place? The status quo?
Thats what I thought.
yes - this is actually one of the huge problems with the ins. system as well. Die Quickly. it has been a very solidly documented problem. Ins Companies sitting on needed treatment approval (for review... ) hoping the patient dies before getting approval for treatment. to me - this is the #1 reason I hate health ins.
and, of course my health ins subsidizing fat diabetic allergic weenies who shoot up insulin, then go to McDonalds.....
those who cry "pay your own way" - that system has not existed in a long time anyways
HSA - ban health ins alltogether, and let everyone pay their own. use HSA's - make it easier to manage. the health system abusers will quickly get under control, and the actual "healthy folk" get the break they deserve for being & living healthy.
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10:33 AM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
Let's not get overjoyed! It is STILL active law until the SCOTUS rules.
texasfiero,
Just to help you understand the law (i've been to law school, so I am not guessing or posturing) the FEDERAL judge ruled on this monstrosity,not a circuit judge. Therefore, the whole shi##ery is null and void. In other words, based on how it is written NO part of the Congressional passage, IN ANY WAY can be implemented. Think of it this way: Your Fiero ran out of gas. The next gas station is 15 miles away. No matter how hard you try, you cannot "wish" your Fiero had gas. It is dead!
Cordially, Kevin
[This message has been edited by kevin (edited 02-01-2011).]
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01:57 PM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
I am happy you are (finally) realizing that you can be "happy", like the other 68% of other American's, in that being 'forced to buy' into health insurance SUCKS. Only Obama and his liberal minions think that socialized health insurance is good. Welcome Now, after we finally conquered this issue, we are going to next focus on your hate for insurance companies. What is so evil about the ten of thousands of working American's who provide safety, assurance and investment income? These companies all do business in the United States---legally! I cannot understand how they are going to make what they do now, worse, in the future?
Cordially,
Kevin
Pyrthian,
And since you are no doubt reading about the comments above, I am still hoping to hear from you regarding my question here? Dp you want to take a shot at it?
Cordially, Kevin
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02:03 PM
Pyrthian Member
Posts: 29569 From: Detroit, MI Registered: Jul 2002
And since you are no doubt reading about the comments above, I am still hoping to hear from you regarding my question here? Dp you want to take a shot at it?
Cordially, Kevin
what do you need to know?
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02:07 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
Just to help you understand the law (i've been to law school, so I am not guessing or posturing) the FEDERAL judge ruled on this monstrosity,not a circuit judge. Therefore, the whole shi##ery is null and void. In other words, based on how it is written NO part of the Congressional passage, IN ANY WAY can be implemented. Think of it this way: Your Fiero ran out of gas. The next gas station is 15 miles away. No matter how hard you try, you cannot "wish" your Fiero had gas. It is dead!
Cordially, Kevin
Not necessarily. I heard that the judge did not include an injunction in the ruling.
[This message has been edited by fierobear (edited 02-01-2011).]
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02:12 PM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
And this makes all the tea baggers happy, because????? That money comes from you. And me. Are you guys getting a fat check from the insurance company every month for furthering their interests? How do I get my name on the free money list? Hell, I could be persuaded to sell out for a few bucks. I'm almost 60, I don't have that long to live anyway... Especially if I get sick.
cordially, NEPTUNE.
PP.S: You love tearing this down, but what can/will you build in its place? The status quo?
Thats what I thought.
NEPTUNE,
I do not wish for you to feel scored or disrespected, but I cold not pass the day without imparting knowledge to you. The 'tearing down' as you call it, does not mean the 200,000 million's of American Tea Party advocates do not want change. This is a classic liberal canard. The hoax is, (and obviously you bit into this poison apple years ago and it has obviously effected you mental acumen) that since WE passed this law, at midnight of Christmas eve, WITHOUT any Republican intervention, it cannot be argued against. This is classic socialism. This judges duty is to interpret the Constitution. He did just that! The Republican have introduced hundreds of ideas to keep the cost of health care down. Unfortunately, Pelosi and Obama and the rest of the regime, said that this "law" is going to pass our way or the highway. Fortunately for America, we can begin to introduce the fresh ideas that were previously rebuffed. We will start the discussions again.....
Cordially, Kevin
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02:28 PM
Pyrthian Member
Posts: 29569 From: Detroit, MI Registered: Jul 2002
I do not wish for you to feel scored or disrespected, but I cold not pass the day without imparting knowledge to you. The 'tearing down' as you call it, does not mean the 200,000 million's of American Tea Party advocates do not want change. This is a classic liberal canard. The hoax is, (and obviously you bit into this poison apple years ago and it has obviously effected you mental acumen) that since WE passed this law, at midnight of Christmas eve, WITHOUT any Republican intervention, it cannot be argued against. This is classic socialism. This judges duty is to interpret the Constitution. He did just that! The Republican have introduced hundreds of ideas to keep the cost of health care down. Unfortunately, Pelosi and Obama and the rest of the regime, said that this "law" is going to pass our way or the highway. Fortunately for America, we can begin to introduce the fresh ideas that were previously rebuffed. We will start the discussions again.....
Cordially, Kevin
can you name 1/2 of them?
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02:32 PM
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System Bot
texasfiero Member
Posts: 4674 From: Houston, TX USA Registered: Jun 2003
Just to help you understand the law (i've been to law school, so I am not guessing or posturing) the FEDERAL judge ruled on this monstrosity,not a circuit judge. Therefore, the whole shi##ery is null and void. In other words, based on how it is written NO part of the Congressional passage, IN ANY WAY can be implemented. Think of it this way: Your Fiero ran out of gas. The next gas station is 15 miles away. No matter how hard you try, you cannot "wish" your Fiero had gas. It is dead!
Obama care ain't dead until someone sticks a stake in its heart, regardless what Judge Vinson ruled. Don't forget, Obama thinks the Constitution is a flawed document. In other words, he's not limited by its edicts.
Let's not be overjoyed!
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02:39 PM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
Not necessarily. I heard that the judged did not include an injunction in the ruling.
fierobear,
With as much appreciation and respect as I can afford you, ( I've aways look forward to your thoughts ) the clarification is that the liberals are in check-mate situation. If they ask for a "stay" in the ruling, they are essentially agreeing and abiding with Judge Vincent's ruling and hope a higher judge can start the whole appeal over again. Which aint going to happen. Rather, this ruling puts this whole hideous non- Constitution law in the toilet.
Cordially, Kevin
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02:40 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
With as much appreciation and respect as I can afford you, ( I've aways look forward to your thoughts ) the clarification is that the liberals are in check-mate situation. If they ask for a "stay" in the ruling, they are essentially agreeing and abiding with Judge Vincent's ruling and hope a higher judge can start the whole appeal over again. Which aint going to happen. Rather, this ruling puts this whole hideous non- Constitution law in the toilet.
Cordially, Kevin
Check out this article, and tell us if there are any "gotchas":
The judge said he didn't believe an injunction to stop the health overhaul was appropriate, because it is generally understood that the executive branch will obey a federal court. The government, however, doesn't believe the ruling requires it to stop implementing the overhaul.
The federal govt is excercising an option it believes it has,( tho courts may disagree) in that since the judge didn't specifically order the federal govt to "cease and desist" implementation, they have no obligation to do so.
quote
Health policy experts say one alternative to the provision would be to make insurance more expensive for those who wait to buy coverage, providing an incentive for the uninsured to get covered early.
Good luck getting that amendment passed. It would have to pass in the house.
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05:14 PM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
Looking at your link, the only thing I read hear is that Judge Vincent allows Obamacare to be implemented in the states who accept Medi-caid/Medi-care monies form the Federal coffers. If the states opt out of this provision, they can deal with their own poor and elderly on their own dime. Obamacare wanted to include Federal money (here Florida, take our money ,please) in hopes of trapping them to accept other Federal money to cover those who wish to not to have insurance {and of course EVERYBODY'S insurance rates skyrocket as a result}. So, this landmark decision told Obama, and his regime, that you can't force the states, nor its citizens, to buy something for simply existing. WOW! What blow to liberalism. The judge hit them right across the chops.
Cordially, Kevin
p.s. You are one of the good thinkers here. Keep it up!
The Senate will vote, maybe as soon as tomorrow evening, on an amendment to repeal the whole thing. Expected to go right down party lines and be defeated, and even if it should garner enough votes to pass, Obama would certainly use his veto.
The federal judge in Fla might voice an opinion later, clarifieing whether he is allowing implementation to stand or not. If the news reports are correct, and he is NOT, then he (imo) should order the federal govt to cease implementation as of yesterday.
.................... The federal judge in Fla might voice an opinion later, clarifieing whether he is allowing implementation to stand or not. If the news reports are correct, and he is NOT, then he (imo) should order the federal govt to cease implementation as of yesterday.
I'd like to see him order them to halt implementation. Perhaps if he ended the speculation, this albatross could get moved to the top rung much quicker.
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06:54 PM
D B Cooper Member
Posts: 3152 From: East Detroit, MI Registered: Jul 2005
I'd like to see him order them to halt implementation. Perhaps if he ended the speculation, this albatross could get moved to the top rung much quicker.
The judge considers it a given that the executive branch will abide by the court; and that an injuction is not necessary because it would be redundant. Nothing in the wording allows for the misunderstanding that they can plow right ahead while they appeal it. So is Obama's position in charging "judicial overreach" and defying this ruling in fact contempt of court ?
[This message has been edited by D B Cooper (edited 02-01-2011).]
It's been obvious for some time, going back to his barbed comments about recent SCOTUS opinions, that Obama has at least some "contempt" for court, including the highest in the land. I suspect there is a reciprocal of that within much of the judiciary.
[This message has been edited by maryjane (edited 02-01-2011).]
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08:18 PM
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fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
The Senate will vote, maybe as soon as tomorrow evening, on an amendment to repeal the whole thing. Expected to go right down party lines and be defeated, and even if it should garner enough votes to pass, Obama would certainly use his veto.
All of which is OK. What a vote will do is force lawmakers, and Obama, to be on record as for the health care law, and against repeal. That will follow them to the next election. Harry Reid knows this, which is likely the reason he doesn't want a vote on it. He knows it will be a lead weight around the necks of any legislator who doesn't vote to repeal.
This is so delicious, I can barely stand it. Serves the bastards right for cramming this monstrosity down our throats.
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08:19 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
It's been obvious for some time, going back to his barbed comments about recent SCOTUS opinions, that Obama has at least some "contempt" for court, including the highest in the land. I suspect there is a reciprical of that within much of the judiciary.
Such as certain members of the SCOTUS not attending the SOTU?
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08:20 PM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
Well it has been mentioned before but if you need me to point it out again: 1.) Allow Insurance company to offer their products across state lines. And, 2.) force tort reform to both lower the cost medical aid and lower the cost of the doctors error and omission fees. These are the most obvious. I will work on a few more when I have more time.
Cordially, Kevin
p.s. With something so cpomplicated as somones health, I always suggest to keep it simple stupid (KISS).
All of which is OK. What a vote will do is force lawmakers, and Obama, to be on record as for the health care law, and against repeal. That will follow them to the next election. Harry Reid knows this, which is likely the reason he doesn't want a vote on it. He knows it will be a lead weight around the necks of any legislator who doesn't vote to repeal.
This is so delicious, I can barely stand it. Serves the bastards right for cramming this monstrosity down our throats.
Ah, but Harry says he DOES want a vote on it--and quickly. He impaled himself on his own petard by insisting (after the mid term results) that there would be no more procedural or parlimentary deviations, so he now finds himself having to allow the vote--with his best hope, that it happens very soon before any of the left abandons his ship and votes in favor of repeal.
quote
The willingness of Senate Democrats to allow the repeal measure to come to a vote reflected two factors: a recent agreement among Senate leaders to avoid procedural gridlock and limit the use of parliamentary warfare, and the confidence among Democrats that the health care law would ultimately survive challenges both in Congress and in the courts. ........ The Senate majority leader, Senator Harry Reid of Nevada, said that Democrats wanted to vote on Mr. McConnell’s repeal amendment and any other Republican proposals, defeat them quickly, and move on to other issues, including the debate on the aviation bill that is now on the floor.
It's been obvious for some time, going back to his barbed comments about recent SCOTUS opinions, that Obama has at least some "contempt" for court, including the highest in the land. I suspect there is a reciprical of that within much of the judiciary.
Guess ol' Barry doesn't care much for the court system's version of social justice, eh ?
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11:11 PM
Feb 2nd, 2011
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
Originally posted by maryjane: Ah, but Harry says he DOES want a vote on it--and quickly. He impaled himself on his own petard by insisting (after the mid term results) that there would be no more procedural or parlimentary deviations, so he now finds himself having to allow the vote--with his best hope, that it happens very soon before any of the left abandons his ship and votes in favor of repeal.
Interesting story, although I don't agree with the person's method...
Senate Republican leader Mitch McConnell said he will introduce a measure to repeal the healthcare overhaul.
McConnell, of Kentucky, said all 47 Senate Republicans will vote for the repeal. He said no agreement had been reached on how a vote will be held, though he added, “It’ll be clear who is for repeal and who isn’t.”
Democratic leaders said they will defeat the measure. Senate Majority Leader Harry Reid, a Nevada Democrat, told reporters he had been told that McConnell plans to introduce the measure as the first amendment to a bill on the Senate floor to reauthorize the Federal Aviation Administration.
Reid said a repeal of the healthcare law would be “a deficit buster to say the least” and that the FAA measure would create or save almost 300,000 jobs.
“It appears that there’s a plan to divert attention from the first jobs bill we’ve had in some time,” Reid said.
A repeal “won’t pass,” said New York Sen. Chuck Schumer.
It's very likey it won't pass but it will make voters aware of who doesn't want it repealed. In 2012 they may lose their seats for doing so.
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10:27 AM
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avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
United States District Court Judge Roger Vinson has ruled that ObamaCare’s individual mandate is unconstitutional and that, since removal of the mandate would make ObamaCare a fundamentally different act than the one that Congress passed, its removal must invalidate the entire 2,700-page overhaul.
In a case brought by 26 states arguing that ObamaCare is unconstitutional, Judge Vinson ruled that the individual mandate — ObamaCare’s requirement that every American must buy federally approved health insurance — exceeds the scope of Congress’s power to regulate interstate commerce, and is thereby unconstitutional.
Judge Vinson writes that “the defendants [the Obama administration’s Department of Health and Human Services, among others] have conceded that the Act’s health insurance reforms cannot survive without the individual mandate, which is extremely significant because the various insurance provisions, in turn, are the very heart of the Act itself.” Therefore, Vinson writes,
I must conclude that the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit.
This marks the first time that a federal judge has ruled that ObamaCare as a whole is invalid.
The judge took care to emphasize that “this case is not about whether the Act is wise or unwise legislation, or whether it will solve or exacerbate the myriad problems in our health care system.” Rather, he said, the case is about whether Congress’s power to regulate interstate commerce also empowers it to compel commerce. Judge Vinson ruled that it does not, saying that to declare otherwise would extend the commerce power beyond the the plain and historically understood limits of that power and beyond the limits that the Supreme Court has previous sanctioned.
The Obama administration will now appeal the case, which was brought by Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming.
Here are some key excerpts from Judge Vinson’s 78-page opinion:
[T]his case is not about whether the Act is wise or unwise legislation, or whether it will solve or exacerbate the myriad problems in our health care system. In fact, it is not really about our health care system at all. It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government….
Never before has Congress required that everyone buy a product from a private company…just for being alive and residing in the United States….
It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting — as was done in the Act — that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce”…, it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place….
conclude that the individual mandate seeks to regulate economic inactivity, which is the very opposite of economic activity. And because activity is required under the Commerce Clause, the individual mandate exceeds Congress’ commerce power, as it is understood, defined, and applied in the existing Supreme Court case law….
The Necessary and Proper Clause cannot be utilized to “pass laws for the accomplishment of objects” that are not within Congress’ enumerated powers….
Having determined that the individual mandate exceeds Congress’ power under the Commerce Clause, and cannot be saved by application of the Necessary and Proper Clause, the next question is whether it is severable from the remainder of the Act….
[T]here are two specific facts that are particularly telling in this respect.
First, the Act does not contain a “severability clause,” which is commonly included in legislation to provide that if any part or provision is held invalid, then the rest of the statute will not be affected….
The lack of a severability clause in this case is significant because one had been included in an earlier version of the Act, but it was removed in the bill that subsequently became law….
Moreover, the defendants have conceded that the Act’s health insurance reforms cannot survive without the individual mandate, which is extremely significant because the various insurance provisions, in turn, are the very heart of the Act itself. The health insurance reform provisions were cited repeatedly during the health care debate, and they were instrumental in passing the Act. In speech after speech President Obama emphasized that the legislative goal was “health insurance reform” and stressed how important it was that Congress fundamentally reform how health insurance companies do business, and “protect every American from the worst practices of the insurance industry.” See, for example, Remarks of President Obama, The State of the Union, delivered Jan. 27, 2009. Meanwhile, the Act’s supporters in the Senate and House similarly spoke repeatedly and often of the legislative efforts as being the means to comprehensively reform the health insurance industry….
In other words, the individual mandate is indisputably necessary to the Act’s insurance market reforms, which are, in turn, indisputably necessary to the purpose of the Act….
I must [therefore] conclude that the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit. The individual mandate cannot be severed….
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void….
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11:19 AM
Feb 3rd, 2011
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
Senate Rejects GOP Bid to Repeal Obamacare Wednesday, 02 Feb 2011 06:38 PM Article Font Size
Senate Democrats defeated a Republican effort to repeal the U.S. health-care overhaul in a test of their continuing support for the law amid court challenges and signs public support for it may be slipping.
The Democratic-controlled Senate voted 51-47 against the repeal effort in a procedural tally. Two weeks earlier, the House’s new Republican majority voted to revoke the law.
The 2010 overhaul, which would expand health-insurance coverage to another 32 million Americans, is President Barack Obama’s biggest domestic achievement. Republicans campaigned against it in last year’s elections as an unwarranted expansion of government and cite the issue as a major reason they won the House majority and picked up six Senate seats.
“It’s not every day that you can get a second chance on a big decision after you know all the facts,” Senate Republican leader Mitch McConnell of Kentucky said on the chamber’s floor today. “This is that second chance.”
The repeal, offered by McConnell as an amendment to a bill to authorize funding for the Federal Aviation Administration, is likely to be the first of a series of votes on the health-care issue in coming months.
Earlier this week, a federal judge in Florida ruled the overhaul unconstitutional, saying Congress exceeded its authority by requiring people to buy health insurance. The U.S. Justice Department said it will appeal the decision. One other federal court has ruled against the law, while two have upheld it.
Democrats said they are glad to defend a law that broadens prescription drug coverage for seniors, bars insurers from dropping patients with pre-existing conditions and helps curb the soaring costs of care.
Point Scoring
Republicans are only trying to “score political points” and have no chance of upending the law, said Senate Finance Committee Chairman Max Baucus, a Montana Democrat and a chief architect of the measure.
“There are not enough votes to defeat health-care reform - - that is a well-known fact,” Baucus said.
Immediately before the vote, senators of both parties agreed, 81-17, to remove one provision of the health law that boosts tax-reporting rules for small businesses. They are required to file a tax form with the Internal Revenue Service for any vendor with whom they have at least $600 in transactions.
The tax requirement is intended to prevent vendors from underreporting income and underpaying taxes. It is estimated to generate $1.9 billion in taxes a year, which would be used to help pay the cost of the health overhaul.
Unspecified Cuts
The amendment offered by Senator Debbie Stabenow, a Michigan Democrat, substitutes $40 billion in unspecified cuts to federal programs over a decade, though it would leave Social Security, defense and veterans’ programs untouched. It is similar to one offered earlier by Senator Michael Johanns, a Nebraska Republican.
The Republican Senate minority was able to bring up the repeal measure because of an agreement McConnell reached last week with Majority Leader Harry Reid, a Nevada Democrat. Republicans said they would curtail their use of delaying tactics to block Democratic legislation if Reid gave them more chances to offer amendments.
McConnell and other Republicans have hinted at other health-care amendments later. Senator Jon Kyl of Arizona, the second-ranking Republican leader, said his party is driven partly by concern that the law’s supporters are wrong in saying it will cut the federal deficit. He said such findings are based on “budget gimmicks and deceptive accounting” built into the health measure when Democrats drafted it.
No Alternatives
Democrats said Republicans are offering no clear alternatives to the overhaul that was enacted after decades of rising health-care costs and increasing numbers of uninsured.
“We cannot go back to a time when millions of American families stayed up at night worrying about what would happen to them and their families if they lost their jobs and their health insurance,” said Senator Patty Murray, a Washington Democrat.
The health-care law cleared Congress with no Republican support last year when Democrats controlled the House and Senate. It imposes new taxes on the highest wage-earners and on medical-device makers and other health care industries, and provides hundreds of billions of dollars in Medicare savings.
Democrats now control the Senate 53-47, so Republicans lack the votes to push through a repeal. Even if they could, it would face a certain veto by Obama.
Poll Results
A Jan. 4-14 poll by the nonpartisan Kaiser Family Foundation found that negative views about the law outstripped positive ones by a larger margin than at any time since it was enacted. The percentage with negative views of the law rose to 50 percent in January from 41 percent a month earlier. The poll of 1,502 adults, with an error margin of plus or minus 3 percentage points, showed that 41 percent had positive views, down from 42 percent a month earlier.
Kaiser said 47 percent of those surveyed wanted to keep the health-care law as it is or expand it, while 43 percent favored repealing it altogether or repealing and replacing it with a Republican-sponsored plan.
Senator Charles Schumer of New York, third-ranking Democratic leader, said he’s confident public support will grow.
“As people see the benefits and the parade of horribles fades away, the bill will become more and more popular,” he said.
Still, future votes on the health law may create political difficulties for Democrats from Republican-leaning states who are up for re-election in 2012, said John Fortier, a congressional scholar with the American Enterprise Institute in Washington. Those senators include Claire McCaskill of Missouri, Ben Nelson of Nebraska and Jim Webb of Virginia.
“Some of these votes will put them in tough spots,” Fortier said.
"The Democratic-controlled Senate voted 51-47 against the repeal effort in a procedural tally."
"Democrats now control the Senate 53-47, so Republicans lack the votes to push through a repeal."
It looks like two Democrats didn't get to vote and this was voted along party lines, so much for cooperation. I can see a bunch more of Democrats losing their seats in the elections of 2012 and I bet they will still not know why it happened.
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10:25 AM
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
Many Republicans, as well as some nonpartisan observers, contend that Supreme Court Justice Elena Kagan should recuse herself from any court decision involving the new healthcare law. That argument stems from the fact that Kagan was in charge of defending Obamacare as President Barack Obama’s solicitor general before he appointed her to the nation’s highest court. Sen. Orrin Hatch, R-Utah, is among those advancing the position that she should recuse herself, The Hill reports.
Sen. Orrin Hatch "I think that Kagan, who was the solicitor general at the time this was all done, probably should recuse herself, which means it might not be resolved by the Supreme Court," Hatch, former chairman of the Senate Judiciary Committee, tells Fox News. "That means the lower court decision will be the acting law."
He was referring to a Florida federal judge’s ruling this week that overturned the law as unconstitutional.
In that case, U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
Administration attorneys had argued that the states did not have standing to challenge the law.
I wonder if she actually will, if it gets that far.
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07:15 PM
kevin Member
Posts: 2722 From: Elk Grove, CA USA Registered: Jan 2000
"The Democratic-controlled Senate voted 51-47 against the repeal effort in a procedural tally."
"Democrats now control the Senate 53-47, so Republicans lack the votes to push through a repeal."
It looks like two Democrats didn't get to vote and this was voted along party lines, so much for cooperation. I can see a bunch more of Democrats losing their seats in the elections of 2012 and I bet they will still not know why it happened.
avengador,
Thanks for this tidbit of Senatorial news. The vote to repeal is close. It could swing in the direction to repeal. I wonder if it did, would Obama veto his own bill? Perhaps he would, if he wants a chance to be re-elected.
Cordially, Kevin
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08:46 PM
Feb 5th, 2011
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
SALT LAKE CITY - Following a ruling Monday by a Florida judge that deemed the Obama administration’s healthcare reform program unconstitutional, Utah Attorney General Mark Shurtleff has decided the ruling is the “functional equivalent” of an injunction, making the policy unenforceable.
US District Court Judge Roger Vinson’s decision was in favor of 26 states who filed suit against the federal government over the Patient Protection and Affordable Care Act. The ruling said Congress could not force individuals over the age of 18 to purchase health insurance. Because the mandate is central to the law, the judge declared the entire act unconstitutional. Utah’s Shurtleff was among the first to file after the President signed the bill into law last spring.
Utah Deputy Attorney General John Swallow declared, “It is our legal opinion that we are no longer bound by the act.” The Attorney General’s office has told Governor Gary Herbert of their decision and he is weighing his options.
The state has accepted federal funding to set up its participation in the program, and Utahns have already benefited from provisions in the law. Parents are now allowed to keep children on their policy until age 26, and coverage cannot be denied because of a pre-existing condition and ended lifetime limits. The act has also provided Utah small businesses with tax credits and seniors have benefited from prescription subsidies to begin to close the proverbial “donut hole.”
The US Department of Justice plans to file an appeal and will seek a stay on the Florida judge’s ruling. At least a dozen judges have dismissed the suit and refused to hear it. Opposition to the ruling in Utah calls the Attorney General’s position “political posturing” and is urging Utah leaders to “avoid rash decisions.”
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10:18 AM
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
In response to Monday's ruling from Florida U.S. district judge Roger Vinson which voided Obamacare in its entirety, a favorite mantra of the left has re-emerged with vigor: "health care is a right." This claim is not merely false but destructive and tyrannical.
Before evaluating whether a particular thing is or isn't a right, the term must be defined. Merriam-Webster online defines a right as "something to which one has a just claim." This definition does not address the question of what it is that constitutes that just claim, but merely indicates that the existence of some such claim is an essential characteristic of a right.
It falls upon the science of ethics to determine the nature of rights' claims. In Moral Rights and Political Freedom, Professor Tara Smith defines rights as "moral claims to freedom of action."[1] Notice that the corollary obligations imposed upon others by the rights to freedom of action are negative -- there is no requirement that an individual take any positive action in order to fulfill the claims asserted by the rights of another.
As human beings, our essential means of survival is rational, productive action. Rational action requires that each individual be left free to use his own judgment and initiate action for his own benefit. Freedom is therefore an essential basic need derived from the nature of men. All those who value human life must correspondingly acknowledge freedom as a fundamental right.
Further, this freedom to act is useless if the property acquired through productive action can be expropriated. To deprive an individual of his right to keep the product of his life-sustaining action is to deprive him of the right to sustain his life. Property rights are therefore an extension of the rights to life and liberty.
Also freedom is necessary for the pursuit of happiness and fulfillment in life: no such pursuit can be advanced from within the confines of a cage. And no individual, even if compelled, could ever "redistribute" his happiness to another -- happiness is a unique, personal, self-generated virtue.
As suggested above, there is only one means by which men's rights can be violated: force (including its indirect form, fraud). The basic governing principle of a just, civilized society is that no group or individual may violate rights by initiating the use of force against any other group or individual.
This moral principle most certainly applies to government. Though its retaliatory use of force against criminals and foreign aggressors is necessary for our protection, the government may not initiate force against innocent citizens. This is where ObamaCare and the fallacious claim upon which it rests -- that health care is a right -- enter the picture.
If health care were a right, then the corollary obligation imposed on all men would be that we must actively work to provide health care for all others, regardless of the burden imposed on our own lives and the lives of our loved ones. And, the government would be obligated to enslave the people and forcibly expropriate our wealth to any extent necessary for the provision of universal health care. Case in point: the individual mandate, myriad regulations, and multi-billion dollar tax increases that come along with ObamaCare -- and that is just the beginning.
If health care were a right, then every time someone spent his money for his own enjoyment, he would be violating the rights of those who need health care, by betraying his corollary obligation. Spending his own money as he wishes "wastes" resources that could otherwise have been used to provide health care. Perhaps this is what liberals have in mind when they complain that taxes are too low.
Even more absurd is the implication that the "right" to health care has for the health care industry. Imagine, for instance, that a doctor invents and markets a new drug that can extend an average person's life by 20 years. Is this entrepreneur violating the rights of those who cannot afford the drug by selling it to those who can? Is everyone else now required to give up even more of our resources in order to provide this drug to all?
Perhaps it is absurd to suggest that there might be an entrepreneur left in an oppressive society that deems health care to be a right, or that anyone would be willing to expend effort toward production of such a drug in an achievement-punishing collectivist society with a principle, "from each according to his ability, to each according to his need," ensuring that those with the most to offer society are to be its most hopelessly oppressed members.
If health care were a right then life could not be, nor could our corollary rights of liberty, property and the pursuit of happiness. Since life is the standard and the fundamental justification for all rights and all values, a "right" that violates rights and makes life impossible is a wicked, life-negating contradiction.
To paraphrase Ayn Rand, the essential question here is not whether or not one person should help another -- the question is whether or not he has the right to exist if he chooses not to.
Apologists for the left often say that those who want to impose government-run health care or other such redistributive measures have noble intentions. But to claim that health care is a right is to negate rights. Such a claim, when and to the extent that it is implemented, destroys rights and destroys the system that would otherwise facilitate the delivery of vital goods and services - the open market.
Even absent a sufficient understanding of the underlying principles, only willful blindness could account for a person's inability to acknowledge the abundant factual accounts of misery and oppression that have been the result in every case where such "rights" as health care have been forcibly imposed on a people by their government. Such claims as "health care is a right" are not merely mistaken -- they are wicked and destructive. It is such "rights" that are currently destroying our society, and resolutely refuting them is the only way we can save ourselves.
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10:26 AM
Feb 8th, 2011
PerKr Member
Posts: 641 From: Mariestad, Sweden Registered: Nov 2006
wait a minute... health care is not a right? So, if I was a US citizen and for some weird reason got shot, I couldn't count on getting professional help unless I had a proper insurance? Or if my kid got cancer, she wouldn't get help as long as the insurance companies could find a way of avoiding it? Is that how it works? For real? And what did Obama suggest instead, in plain english?
and what someone said earlier about companies... very true. their goal is to make money. or, to be more precise, to make the value of their stocks increase. kinda sick system where the long term is not taken into consideration at all. it's not even about tomorrow. it's all about today.
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06:28 PM
Formula88 Member
Posts: 53788 From: Raleigh NC Registered: Jan 2001
wait a minute... health care is not a right? So, if I was a US citizen and for some weird reason got shot, I couldn't count on getting professional help unless I had a proper insurance? Or if my kid got cancer, she wouldn't get help as long as the insurance companies could find a way of avoiding it? Is that how it works? For real? And what did Obama suggest instead, in plain english?
and what someone said earlier about companies... very true. their goal is to make money. or, to be more precise, to make the value of their stocks increase. kinda sick system where the long term is not taken into consideration at all. it's not even about tomorrow. it's all about today.
"Free" health care is not a right. It's already against the law for a hospital to refuse life-saving treatment if a person doesn't have the ability to pay.
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06:35 PM
jimbolaya Member
Posts: 10652 From: Virginia Beach, Virginia Registered: Feb 2007
I agree with his methods. They were done in the light of day. Unlike, when the bastard Reid and his troll Pelosi, decided to pass this monstrosity in the dark of night on Christmas eve.
Jim
Edit: Because iPods are to freakin small to type on.
[This message has been edited by jimbolaya (edited 02-08-2011).]