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Thread: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by Objective Voice View Post
    If Republicans want to repeal the health reform law then repeal it!
    we're not going to repeal it, we're going to repeal major portions of it

    like 1099's and the mandate

    and both parties are gonna have to do something about the states, you know, california, new york, illinois...

    (are you aware of governor bredesen's views, on behalf of the entire conference? why, even diane feinstein in my home state is eagerly on board)

    sebelius has already done a great deal about repealing the requirement of 750K of coverage---she EXEMPTS anyone, apparently, who asks out

    we'll be sure, tho, to keep the pre existing protections, the 26 year old dependents---they're necessary and popular

    we will do what the american people are overwhelmingly demanding we do

    stay tuned

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by Jetboogieman View Post
    Jeez, no complaints about activist judges here I see...
    a big loser in all this, potentially, is the big govt view and use of the COMMERCE CLAUSE

    stay tuned

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by Objective Voice View Post
    The only way Congress has any affect on the health care reform law is if by or before 2014 we have a Republican Congress and a Republican president.
    GOP ready to rumble on health law - Jennifer Haberkorn - POLITICO.com

    If Republicans regain control of the House, the one issue likely to be most transformed is the health care overhaul.

    While new Republican leaders of key health committees wouldn’t become official until January, one thing is crystal clear: Whoever takes the seat in the event of a shift in power in November will make implementing the law as difficult as possible for the Obama administration. A key committee in question is the House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies, which will hold sway on funding for the new law. The panel will have the authority to limit or expand funding to the Departments of Health and Human Services and Labor, which are overseeing parts of the law’s implementation.

    [Hal Rogers] would replace Rep. Dave Obey (D-Wis.), who is retiring this year, and the two men represent diametrically opposed positions on the reform law. Obey held the chairmanships of both the health subcommittee and the full Appropriations Committee, which gave him huge influence over the reform legislation and made him an instrumental player in its passage. In contrast, [the Republican member] wanted to kill the law. He both offered and supported Republican amendments to repeal the whole law or deny funding to pieces of it. All Republicans on the subcommittee supported motions for repeal or defunding this year, but the amendments failed to pass after the votes fell along party lines. A House Republican aide said there’s no reason to think Republicans on Appropriations wouldn’t continue on the same path in the majority.

    Repeal of the entire law wouldn’t get past Obama’s veto pen and quite likely would struggle to pass the Senate, especially if the chamber is split about evenly. Instead, the likely route of an ascendant Republican majority next year would be to target unpopular provisions of the law that could garner some bipartisan support to squeak through. Key provisions already targeted by Republicans include the 1099 tax-reporting requirements, the mandate that nearly all Americans buy insurance, requirements on employers to provide coverage and the state expansion of Medicaid. Another likely target would be the new Independent Payment Advisory Board, which the law requires be set up to help control Medicare spending.

    Republicans could also use the reconciliation process — which was used to get a package of repairs to the health law through the Senate in March — to stall portions of the law that increase spending. The upside of the reconciliation route is that it bypasses a Senate filibuster, but it’s also limited in scope and can’t be used to repeal the whole law. Rather, the budget resolution could instruct committees to write bills to reduce mandatory spending including that tied to the health law. Rep. Paul Ryan (R-Wis.), who is likely to become Budget Committee chairman if Republicans take control of the House, told CNBC recently that Republicans want to use reconciliation to scale back some of Obama’s policies.

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by Objective Voice View Post
    I'm not making it complicated. I'm just stating fact of which you countered with congressional appropriations which isn't a repeal but rather a stalling tactic.

    If Republicans want to repeal the health reform law then repeal it! But they'd better come up with something far better than what they'd tear down or they're likely to regret their action should things ever come to that.
    I pray to God tht they do!

    Get rid of that 1099 bull****, that's going to cost corporations untold millions in accounting fees. That's one of those lwas that's going to hurt small businesses far more than large corporations.

    Deny Obama his private army. That's gotta be the biggest bunch of legislative bull**** ever passed off on the American people.

    The quicker this rag is history, the better.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by cpwill View Post
    actually she did and she was correct. but that's a discussion for a different thread. the misogynistic attack on conservative women goes on.
    No, she didn't and wasn't. Sorry.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    the real action, tho, is gonna come at the state level:

    Health law's fate tied to state races - Jennifer Haberkorn - POLITICO.com

    Republicans have made opposition to the Democrats’ health care overhaul a central theme in their push to take back Congress. But the fate of the law may actually depend more on the outcome of dozens of state-level races across the country. While congressional Republicans won’t be able to repeal health care reform with Barack Obama in the White House, Republican governors and their appointees have the power to throw major roadblocks in the way of reform plans.

    Governors who oppose the legislation can refuse to set up pieces of the law, such as the state-based insurance exchanges where most Americans will purchase coverage beginning in 2014. In many cases, they also can appoint insurance commissioners and Medicaid directors with directives to refuse to participate in implementing the law or the federal funding associated with it.

    Kansas Sen. Sam Brownback, who is expected to defeat Democrat Tom Holland in the gubernatorial race, has promised to fight health reform “every step of the way.” Republican Nikki Haley has promised not just to block the law if elected governor in South Carolina but to lead a group of governors in repealing it, according to local media reports. In Pennsylvania, Republican Attorney General Tom Corbett joined the multistate suit and is now running for governor.

    The Republican opposition is modeled after the approach of Minnesota Gov. Tim Pawlenty, who has gone so far as to sign an executive order blocking state officials from accepting any federal funding associated with the legislation.

    The most prominent roadblocks are likely to be in setting up the exchanges. They need to be up and running by 2014 but require so much work that health experts say states need to pass legislation establishing them next year to have them running in time.

    and, of course, don't forget all those republican ag's, we've already seen what they're capable of
    Last edited by The Prof; 12-13-10 at 09:07 PM.

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by cpwill View Post
    actually she did and she was correct. but that's a discussion for a different thread. the misogynistic attack on conservative women goes on.
    even though this is just one thing she got wrong, and hardly the single point regarding her or the lack of knowledge of constitution among tea Party candidates, I thought I'd help with this one anyway:

    That’s generally true–except when it comes to teaching religion-based nonscientific theories of human origin. In 1968, the high court struck down an Arkansas law prohibiting instruction in evolution. In 1987, the court invalidated a Louisiana statute requiring that “creation science,” an antecedent to intelligent design, be taught alongside evolution.

    (snip)

    The audience exploded in laughter.

    The Bill of Rights begins with the command, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” but it doesn’t specifically use the words “separation of church and state.”

    In 1802, however, President Thomas Jefferson used the metaphor to explain the framers’ purpose, and courts since have followed his guidance.

    Coons, O’Donnell Debate Constitution - Washington Wire - WSJ

    You might also read:

    How Tea Partiers Get the Constitution Wrong - Newsweek

    I realize it is popular to ignore other arguements and just go with, no she was right. But the fact is, no matter what Limbaugh or Beck say, she wasn't. And she got a lot of other things wrong, or simply knew nothing about them. Pretending otherwise won't change the fact.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by Redress View Post
    So far actually it is not headed that way, since most judges have rules that it is constitutional out of those that even heard the challenge. Details, they are important.
    Not sure what you're talking about. There's been one two rulings by judges before this one in Virgina. The first was Virgina's denial of the Feds request to dismiss the Virginia case. The second was a private citizens suit in Michigan in which the judge rules the Affordable HealthCare Act was Constitutional. There are 13 other states filing against the Deptartment of Justice, and it only takes one of those cases to get to the SCOTUS. This was just step one in a many step process unless there's an expedite to the SCOTUS.

    It's 1 for and 1 against, so I'm not sure who these "most judges" are you're citing.
    “I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    and:

    States thumb nose at health reform - Sarah Kliff - POLITICO.com

    A handful of governors are beginning to seriously flex their muscles in attempts to block the federal health reform law by rejecting grants or legislative action, a worrisome move for health reform’s most stalwart supporters.

    The danger is that the critics of reform will kill it before it ever has a chance to take hold,” former Senate Majority Leader Tom Daschle writes of the health reform law in his new book, “Getting It Done,” out Tuesday. “Opponents in state government could undermine it at every turn, or simply say they cannot do what the law requires,” Daschle adds.

    After the struggle to pass health reform dominated Washington for the better part of a year, the issues of implementation were largely left to governors and state legislatures to hash out.

    Alaska and Minnesota were the only states not to apply for health exchange planning grants. Three others — Wyoming, Iowa and Georgia — joined them in not pursuing an additional $1 million grant for rate reviews, released in the summer. Most recently, Utah has become active in opposing more federal regulation of insurance markets.

    Health reform advocates who have pushed back against their governors’ disengagement — urging them to take a more active role in implementation — have seen little success. Alaska’s Democratic state senators have become increasingly aggressive in pressuring Republican Gov. Sean Parnell and his administration on the issue, but to little avail.

    Last week, state Sen. Hollis French wrote a letter to Parnell, accusing him of blocking the legislation’s benefits. From where French sits, it gets only more difficult: Any legislation needed to implement health reform requires the governor’s signature. So the prospect of setting up a state health exchange, for example, is relatively dim. “The governor can veto any bill; he can red-line any appropriation,” French said. “We’ve got the Republican governor standing on our way, and we’re really stymied.”

    The situation is similar in Minnesota, where Gov. Tim Pawlenty, with an eye on a 2012 run for president, has taken a hard line against the health reform law. Pawlenty has barred any state agencies from applying for health-reform-related grants; and, just last week, he prohibited them from sending public comment on health exchanges to the Health and Human Services Department.
    "the issues of implementation were largely left to governors and state legislatures to hash out"

    stay up

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    Re: Health Care Reform Provision Is Unconstitutional, Federal Judge Rules

    Quote Originally Posted by Whovian View Post
    the requirement that we buy insurance or get fined.
    The insurance companies really pushed for that. Truth is Dems didn't got almost nothing they wanted with that bill I'll have to follow the story, curious to see which way this will go.
    "Myths and legends die hard in America. We love them for the extra dimension they provide, the illusion of near-infinite possibility to erase the narrow confines of most men's reality. Weird heroes and mould-breaking champions exist as living proof to those who need it that the tyranny of 'the rat race' is not yet final." - Hunter S. Thompson

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