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Obamacare mandate on the ropes

30ashopper avatar
30ashopperSoWal Insider
739 views
The latest legal volley in Atlanta -

And the 11th Circuit judges saw that. Countless times, Judges Dubina and Marcus demanded that the government articulate constitutional limiting principles to the power it asserted. And countless times they pointed out that never in history has Congress tried to compel people to engage in commerce as a means of regulating commerce. Even Judge Hull, reputed to be the most liberal member of the panel, conducted a withering cross-examination to establish that the individual mandate didn’t help that many people get affordable care, that the majority of people currently without coverage would be exempt from the requirement (presumably due to their income level).

http://www.cato-at-liberty.org/the-obamacare-lawsuit-from-the-courtroom-in-atlanta/

It's looking more and more likely that when this finally gets to the Supreme Court, the mandate will get shot down. Assuming of course it gets there before Obama has a chance to pack the court with more liberal leaning judges.

Replies

19
BeachSiO2 avatar
BeachSiO2Beach Fanatic
#2
Not so fast...

From CNN

A federal appeals court in Cincinnati has ruled in favor of the Obama administration, saying a key provision in the sweeping health care reform bill passed last year was constitutional.

The "individual mandate" requiring nearly all Americans purchase health insurance by 2014 or face financial penalties was challenged in federal courts by individuals and groups. The three-judge panel ruled the requirement was constitutional.
beachmouse avatar
beachmouseBeach Fanatic
#3
And 2 of 3 'liberal-leaning judges' in this case were appointed by those left-wing whackos Reagan and GWB.
Will B avatar
Will BModerator
#4
That was a court in Cincinatti. Different case.
poppyBanned
#5
The latest legal volley in Atlanta -



http://www.cato-at-liberty.org/the-obamacare-lawsuit-from-the-courtroom-in-atlanta/

It's looking more and more likely that when this finally gets to the Supreme Court, the mandate will get shot down. Assuming of course it gets there before Obama has a chance to pack the court with more liberal leaning judges.

I hope conservatives will never be able to rejoice in the fact that millions of their fellow Americans will have no access to affordable healthcare.
idlewindBeach Fanatic
#6
I hope conservatives will never be able to rejoice in the fact that millions of their fellow Americans will have no access to affordable healthcare.

The only way millions of Americans will have access to affordable healthcare is if this abomination of a law is overturned and/or repealed. If it stands it will be the final nail in the bankruptcy of the Federal government. Then no one will have healthcare except the uber-rich.
Zebraspots avatar
ZebraspotsBeach Fanatic
#7
Why will it bankrupt the federal government?
idlewindBeach Fanatic
#8
Why will it bankrupt the federal government?

Because the ultimate goal is to federalize healthcare and establish yet another entitlement program. There are no free lunches. You either bankrupt the country or you get a low standard of care like Great Britain.
scooterbug44 avatar
scooterbug44SoWal Expert
#9
I'd take the supposed "low standard of care" that is Great Britain over the current healthcare for most Americans.

All of the British people and Americans over 65 I've talked to think their health care is great, so I don't find it to be that horrible of a fate.
idlewindBeach Fanatic
#10
I'd take the supposed "low standard of care" that is Great Britain over the current healthcare for most Americans.

All of the British people and Americans over 65 I've talked to think their health care is great, so I don't find it to be that horrible of a fate.


There are good and bad points to every system as pointed out in this comparison:
http://healthcare-economist.com/2008/04/23/health-care-around-the-world-great-britain/

But this one point is most telling:

Waiting lists are a huge problem in Great Britain. Some examples: 750,000 are on waiting lists for hospital admission; 40% of cancer patients are never able to see an oncologist; there is explicit rationing for services such as kidney dialysis, open heart surgery and care for the terminally ill. Further, minimum waiting times have been instituted to reduce costs. “A top-flight hospital like Suffolk Est PCT was ordered to impose a minimum waiting time of at least 122 days before patients could be treated or the hospital would lose a portion of its funding.”

Sounds like we have much better than this.
AndrewG avatar
AndrewGBeach Fanatic
#11
I'd take the supposed "low standard of care" that is Great Britain over the current healthcare for most Americans.

All of the British people and Americans over 65 I've talked to think their health care is great, so I don't find it to be that horrible of a fate.

Scooter, I don't know any British folks who remotely like their healthcare system. It worries me when Americans go around supporting socialized healthcare without truly understanding how it's going to affect them. Thomas Jefferson says our Gov't was created to protect and encourage private industry. It's the conerstone of our nations success.

Obamacare was guaranteed to save money and not ration care both of which have been proven to be huge lies. We can't afford it. What happens when you mortgage something you can't afford?
Andy A avatar
Andy ABeach Fanatic
#12
Scoottebug, I have a little project for you. Some night when you have a lot of time, go over to Sacred Heart and sit in the emergency room and count the number of people turned away seeking treatment. Any kind of treatment. If you find one, let us know. We pay for them. I don't think it is the best way to provide healthcare but for many that is how it is provided and, consequently, they receive care you and I pay for.
About the British system. How many times do I have to say I had family treated under it and, in the end, it turned out to be a disaster.
You're extremely smart, Scooter, but sometimes even you let your liberal idealism get in the way of what actually occurs in the world.
Rita avatar
Ritamargarita brocolia
#13
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And then my UK friends are aghast at our system! They recognize some things they'd like improved with theirs, but would not consider trading it for ours. One teaches at University of Ulster in a medical related field, one is a hematologist, one owns a bus transport company and another works for the BBC. Some of these folks, in talking with them, I find to be better educated in our politics and medical care than most of us Americans are.

Bottom line though is that most of us don't know their system as well as we think we do, and they don't understand ours as well as they think they do.

And I think the inflammatory spew below needs to be supported.

Obamacare was guaranteed to save money and not ration care both of which have been proven to be huge lies.

.
idlewindBeach Fanatic
#14
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And then my UK friends are aghast at our system! They recognize some things they'd like improved with theirs, but would not consider trading it for ours. One teaches at University of Ulster in a medical related field, one is a hematologist, one owns a bus transport company and another works for the BBC. Some of these folks, in talking with them, I find to be better educated in our politics and medical care than most of us Americans are.

Bottom line though is that most of us don't know their system as well as we think we do, and they don't understand ours as well as they think they do.

And I think the inflammatory spew below needs to be supported.



.

Even more telling is this:

Great Britain has a single payer system funded by general revenues. With any centralized system, avoiding deficits is difficult. In 2006, Great Britain had a £700 million deficit despite the fact that health care spending increased by £43 billion over five years

We simply cannot afford a single payer system which is where Obamacare is headed. We are already so far in debt we may never recover and simply cannot afford anyting that adds to that debt no matter how great the program is.
scooterbug44 avatar
scooterbug44SoWal Expert
#15
Sacred Heart is a Hilton compared to most of the EDs in this country - private donors make sure people can still get treatment if they cannot pay. That is not the case for most of the US.

I am not saying that we should model our health care industry on Britain, I am saying that based on firsthand discussion with people who have recently been/are being treated by that system I don't think it is as bad as some would like us to believe.

I think one thing we should all be able to agree on is that our current system is not the best and is not fiscally sustainable.
AndrewG avatar
AndrewGBeach Fanatic
#16
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And then my UK friends are aghast at our system! They recognize some things they'd like improved with theirs, but would not consider trading it for ours. One teaches at University of Ulster in a medical related field, one is a hematologist, one owns a bus transport company and another works for the BBC. Some of these folks, in talking with them, I find to be better educated in our politics and medical care than most of us Americans are.

Bottom line though is that most of us don't know their system as well as we think we do, and they don't understand ours as well as they think they do.

And I think the inflammatory spew below needs to be supported.



.

Guess you haven't been following Obamacare at all in the last few months. http://blogs.forbes.com/peterferrara/2011/06/16/how-obamacare-will-further-explode-the-deficit/

It's inflammatory spew if you don't know what's going on I guess. Unfortunately it's fact and not spew.
Rita avatar
Ritamargarita brocolia
#17
Guess you haven't been following Obamacare at all in the last few months. http://blogs.forbes.com/peterferrara/2011/06/16/how-obamacare-will-further-explode-the-deficit/

It's inflammatory spew if you don't know what's going on I guess. Unfortunately it's fact and not spew.

Your blogger doesn’t prove anything to be lies, let alone huge lies, expense-wise or “rationed care” fears. He just presents how he thinks it will turn out using “likely” an inordinate amount of the time to cover his arse. It remains to be seen.

.
scooterbug44 avatar
scooterbug44SoWal Expert
#18
Much of that article was him using facts to predict what will happen in the future. It was nice to see actual numbers and data a part of the discussion.

I agree with most of his conclusions, but that does not mean they WILL happen, it means they CAN happen and we need to make sure that they do not.

Much of this is predicated on the rapidly rising costs of health care and health insurance. If we can check those, it will make a big difference in the bottom line.

For example, I think the employer fines costing a fraction of what health insurance would obviously needs to be changed.

And I don't think the fiscally concerned general public is going to simply let $15 trillion in cuts be thrown out.

The current healthcare bill is far from perfect. There is a great deal of room for revisions and improvements.
AndrewG avatar
AndrewGBeach Fanatic
#19
I'm amazed at how few of you can follow this to conclusion. The time for hoping is over, it's time to stop spending. The new $1billion handout to idiotic home buyers is a prime example of how this administration keeps making things worse. The stimulus was reported today to have been a complete failure on the economy.

What is it going to take to get folks on both sides to wake up and be fiscally responsible. Americans have become selfish and only care about taking from the gov't's coffers.
scooterbug44 avatar
scooterbug44SoWal Expert
#20
I agree - which is why I said his conclusion that voters would let them ignore the proposed $15 trillion in cuts was incorrect.

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