Obamacare

[BanginJimmy]

Is unconstitutional according to a federal judge in Florida.

Oh how I would love to be a fly on the wall right now. I bet Obama is looking for an ass to kick over this one.

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[David88vert]

Vinson dismissed the key provision of the Patient Protection and Affordable Care Act-- the so-called "individual mandate" requiring most Americans to purchase health insurance by 2014 or face stiff penalties.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system," wrote Vinson.

"Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications," Vinson wrote, adding, "At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled "The Patient Protection and Affordable Care Act."

http://www.cnn.com/2011/POLITICS/01/...ex.html?hpt=T2

The Administration is already appealing, and this will go to the US Supreme Court.

[BanginJimmy]

The SC was a given as soon as the first lawsuit was filed. The lack of severability will doom the entire law and obviously the current house is not going to address it and change it.

Another question. Elana Kagan had a small role is writing the first drafts of the bill. Will she recuse herself when this gets to the SC?

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[ahabion]

Not to mention Vinson used Obama's own words in repealing the law while also citing the reason why the funding for this law is unconstitutional. East India Company in the form of the Federal Government... history is a bitch.

[bu villain]

Can anyone explain why the individual mandate is considered inseverable? I'm sure there is some legal rational but from a lay persons point of view, I don't see what individual mandates have to do with the pre-existing conditions or children under 26 sections. We don't want to throw out the baby with the bathwater.

[BanginJimmy]

The bill was written without any language that differentiates individual portions of the bill. Because of that, when the mandate was deemed unconstitutional the entire bill is considered to be unconstitutional.

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[Total_Blender]

This isn't the first time an federal judge will be made to slow their role... see also: the numerous decisions to throw out DADT that were overturned. Its obvious that Vinson (a Reagan appointee) is ruling more from an ideological standpoint than the law. The bill does not force anyone to buy health insurance, it only offers a tax incentive if you do, or an added tax if you do not. Congress does have the power to collect taxes, after all.

I'm not entirely happy with the mandate either, but I think its better than the status quo. Ultimately its what the power brokers in the insurance and Rx lobbies want, so they will get their way... John "Golf/Tan/Lobbyists" Bohener will see to that.

[BanginJimmy]

You are forced to buy a consumer product or be fined. That is not a tax in any way, shape or form. It was struck down because it violates the constitution and Obama comerce clause argument isbeyond just weak.

Using Obamas commerce clause interpretation you can be forced to go out and buy a brand new gm vehicle every 5 years. The reasoning is simple. At some point you will ride in and/or drive a motor vehicle. Therefore, it affects people across state lines so is interstate commerce.

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[BanginJimmy]

As I figured, the repeal bill failed in the Senate. I am glad it did because the GOP will now be forced to write a bill and push it through as a replacement bill, not a repeal.

[Browning151]

As I figured, the repeal bill failed in the Senate. I am glad it did because the GOP will now be forced to write a bill and push it through as a replacement bill, not a repeal.

Hopefully they will not only do away with the individual mandate, but include some meaningful tort reform as well as addressing state mandates.

[ek forever]

I really hope people don't think the health insurance market is "a market"

It's almost 90% regulated by the state and federal government. Why can't I buy health insurance from Oklahoma?

This whole thing is a wash. The "40 million" people that don't have health insurance are by and large:

~12 Million illegal immigrants
~15 Million people making 50k-75k per year
and largely between the ages of 23 and 32

The 40million number looks a lot weaker when it's suddenly only a very small fraction of what is generally a healthy and capable portion of the population.

Barring mental and physical disabilities, people are where they are in life due to the choices that they made.

They didn't value their public education much. They could have spent time reading history, political science, or engineering books at local libraries to make themselves better thinkers and conversationalists.

They decided to drop out of high school or college and work hard at a cheap job and live cheaply but drink beer on the weekends and develop expensive habits like smoking or playing the lottery.

I doubt many "poor" people take advantage of local libraries and spend their unemployed or off time bettering themselves or working as hard as they can to move up in whatever field they're in.

We live in a country where anyone can get to the top. But there isn't room for everyone at the top. The natural flow of human life makes each of us fundamentally different based on our willingness to better ourselves.

[Browning151]

http://blogs.ajc.com/jamie-dupree-wa...ington_insider

The Obama Administration has quietly issued another 126 waivers to one provision of the Obama health law, putting the total number of waivers now at over one thousand.

The latest waivers were issued Friday by the Center for Consumer Information and Insurance Oversight, a new agency set up by the Health and Human Services Department after the approval of the controversial health reform statute.

"As of the end of February 2011, a total of 1040 one-year waivers have been granted," reads an update on the agency's website from Friday.

"This update includes 126 new approvals," the agency states.

Unlike previous lists of the waivers - which were all listed on one web page - the CCIIO has now broken them out into seven different pdf pages, which makes it a bit more difficult to go through.

Some of the newest waivers have again been granted to labor unions, like Local 246 in New York City of the Service Employees International Union, Teamsters Local 20 in Toledo, Ohio, the United Food and Commercial Workers Unions and Employers Health & Welfare Fund in Atlanta, Local 247 of the Plumbers & Steamfitters Union in Alexandria, Louisiana, and many more.

Among the private companies that received waivers, Goodwill Industries of North Georgia, May Trucking Company, Stonebridge Companies of Colorado and Military Deli & Bakery Services, the self-described "largest operator of Deli and Bakery departments in military commissaries."

Other waiver recipients include the Saddlebrook Resort in Tampa, Florida, Sportsman's Warehouse, a multi-state retail store dealing in hunting, fishing and camping gear and Scottish Food Systems, which operates Kentucky Fried Chicken and Pizza Inn restaurants.

These waivers usually deal with limited health benefit plans, often referred to as "mini-med" policies, which companies as large as McDonald's and Waffle House use for some of their employees.

The plans have strict limits on how much can be paid out in coverage, a limitation that won't be legal after 2014 when the Obama health law is fully phased in.

These waivers - for one year - allow these many companies and unions to get around the limits on payment benefits, which in 2011 is no less than $750,000.

Republicans in Congress have assailed these waivers - especially those given to unions - arguing that they point out existing troubles with the Obama health law, on just this one issue of benefit payment limits.

Backers emphasize the waivers apply only to this one provision.

One more note - the waivers aren't limited to just companies and unions - for example, several school districts and county governments were added to the list as well.

You can read the background from the feds at http://is.gd/t7oCOo - go to the bottom of the page and click on the seven different links, which show exactly who has received the waivers.

Looks like the number of waivers being issued just continues to grow. If this "reform" is so great for everyone why do they keep handing these out?