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Health Care Act Insurance Mandate Lawful - 6/29/2011 12:25:24 PM   
tazzygirl


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June 29 (Bloomberg) -- The individual mandate portion of President Barack Obama’s health care reform act, requiring Americans over 18 years of age to have insurance coverage, is constitutional, a U.S. appeals court ruled.

The Cincinnati-based court today upheld a federal judge’s ruling last year that dismissed a challenge to the legislation by the Thomas More Law Center, a Christian-based public interest law firm.

“We find the minimum coverage provision is a valid exercise of legislative power by Congress under the commerce clause and therefore affirm the decision of the district court,” the three-judge panel said.

The Cincinnati court on June 1 became the second of three appellate courts to hear arguments in challenges to the Patient Protection and Affordable Care Act that Obama signed into law in March 2010.

The legislation is intended to create the first near- universal U.S. health-care coverage program, barring insurers from rejecting those who are already sick and from imposing life-time limits on costs.

It also requires almost every American resident to have health insurance starting in 2014 or to pay a tax penalty. Opponents of the act, including Thomas More center attorney Robert Muise, have argued the mandate exceeds the regulatory powers given Congress under the U.S. Constitution.

U.S. District Judge George Caram Steeh in Detroit last year rejected the group’s arguments that compulsory medical coverage amounts to an unlawful tax.

Muise didn’t immediately reply today to a voicemail message seeking comment on the appeals court ruling.

The Cincinnati case is Thomas More Law Center v. Obama, 10- 2388, U.S. Court of Appeals for the Sixth Circuit (Cincinnati).


http://www.businessweek.com/news/2011-06-29/health-care-act-insurance-mandate-lawful-appeals-court-says.html

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:31:24 PM   
ThatDamnedPanda


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Well, that's an interesting development. Still one more court to be heard from, though. I'm not sure I'd be counting too many  chickens yet. 

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:33:14 PM   
tazzygirl


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I didnt count any chickens, or eggs, for that matter. Just reporting the court's ruling.

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:35:21 PM   
ThatDamnedPanda


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Didn't suggest you were. 

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:38:09 PM   
housesub4you


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Well ....there is always this.....

George W. Bush-Appointed States’ Rights Crusader Rejects Lawsuit Challenging Affordable Care Act
Now the Corp Purchased Supreme Court may decide to follow something other than the law, but just about every legal mind in the country, says it's legal. 


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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:46:32 PM   
Marc2b


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Holy shit!

I hope the Supreme Court knocks this shit down.



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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:47:09 PM   
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I would be behind congress cutting that mandate out of the law.

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:48:29 PM   
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quote:

ORIGINAL: mnottertail

I would be behind congress cutting that mandate out of the law.



Let's hope they do so!!

< Message edited by hlen5 -- 6/29/2011 12:49:05 PM >


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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:51:58 PM   
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Lawmaking as it is intended to work, it isn't hopeful. 

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:53:51 PM   
housesub4you


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Odd....that is the one the the GOP does not want to cut from the bill.  I wonder if it had anything to do with all the donations they have received from the insurance industry

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:53:54 PM   
Marc2b


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quote:

I would be behind congress cutting that mandate out of the law.


That's good to know because to me, this has NOTHING to do with health care and whether or not people should have it. When the government starts dictating to me things I have to buy simply because I exist... That's too much power to trust them with. If they get away with this shit, what will be next (and there will be a next, you know there will be)?



< Message edited by Marc2b -- 6/29/2011 12:54:09 PM >


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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 12:58:35 PM   
ThatDamnedPanda


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quote:

ORIGINAL: housesub4you

Odd....that is the one the the GOP does not want to cut from the bill.  I wonder if it had anything to do with all the donations they have received from the insurance industry


Partly that, but mostly because they thought - and probably still think - that this idiotic clause that they forced Pelosi and Reid to write into the bill were their best chance of getting the whole thing overturned. I suspect they may yet prove to be right, and it will be one more utterly colossal failure of leadership by the Democrats in general and Obama in particular.


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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:12:25 PM   
tazzygirl


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quote:

ORIGINAL: mnottertail

I would be behind congress cutting that mandate out of the law.


Cut the mandate, the law wont work.

Those "forced" to pay are those who can afford to pay.

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:14:23 PM   
provfivetine


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This means nothing, as there have been several courts that have come to the opposite conclusion. Overall, most courts are extremely divisive on this topic. It's a pretty even split. This law will be decided by the Supreme Court within the next year or two. Unless another Supreme Court Justice dies before it's voted on, it will be struck down by a vote of 5-4.

Regardless of the decision, there are going to be a lot of angry people.

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:15:49 PM   
Sanity


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Exactly. The Conservatives on the Supreme Court will throw it out.

quote:

ORIGINAL: provfivetine

This means nothing, as there have been several courts that have come to the opposite conclusion. Overall, most courts are extremely divisive on this topic. It's a pretty even split. This law will be decided by the Supreme Court within the next year or two. Unless another Supreme Court Justice dies before it's voted on, it will be struck down by a vote of 5-4.

Regardless of the decision, there are going to be a lot of angry people.


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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:19:00 PM   
mnottertail


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quote:

ORIGINAL: tazzygirl


quote:

ORIGINAL: mnottertail

I would be behind congress cutting that mandate out of the law.


Cut the mandate, the law wont work.

Those "forced" to pay are those who can afford to pay.


cut the mandate (in the timeframe we are looking at), and we would have to go to universal single payer healthcare, not such a big step now.



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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:21:15 PM   
tazzygirl


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Dont be so sure.

http://www.npr.org/2011/02/02/133416600/how-will-supreme-court-rule-on-health-care-law

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:23:28 PM   
Termyn8or


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FR

Is it going to be a felony ? I never had me a felony !

That's my way of saying the whole thing is a joke. Affordable my ass. Until they take the suits out of the offices in the institutions it's not going to save anyone a dime. And I don't care if I have a quadrillion bucks, I ain't paying.

Speaking of which, what if someone is filthy rich ? Yeah, two million for a heart transplant, just pay the damn bill. Some people probably do that. So they also must write a check for $400 a month or so, for what ? So actuaries can have a look at their medical records ? Or some help desk operator in India ?

And this doesn't fall on the OP because it was a quote - what do they mean Americans ? Canadians, Mexicans, Argentinians, Cubans, Venezuelans and Bolivians ? They don't even know the name of this fucking country and they are going to tell me I have to pay ? Yeah right. Typical.

Oh, and how many people we got in prison ? I guess they never get out because they will be breaking a new law now, and continue to break it forever. I guess if I get sick I'll just rob a bank. Hey, didn't someone just do that ?

T^T

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:27:24 PM   
bigbbm


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I look at other countries that have Social Med. and it sucks there. Gr8 Brit. people are always complaining so are the Canadians. and our taxes are high now. just wait and see what they will be when this shit kicks in (nothing is free)

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RE: Health Care Act Insurance Mandate Lawful - 6/29/2011 1:27:30 PM   
tazzygirl


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Its not a felony.

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If you want it sugar coated, dont ask me what i think! It would violate TOS.

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