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Individual Mandate At Heart Of Court Debate Over Obamacare

June 13, 2011 by  

Judges skeptical over Obama administration's healthcare arguments.The Barack Obama Administration’s Acting Solicitor General was recently in court to defend the healthcare overhaul law and was reportedly met with skepticism by the judges.

The three-judge panel for the 11th Circuit Court of Appeals listened to arguments from Acting Solicitor General Neal Katyal, who was appealing an earlier decision that ruled that the law was unConstitutional.

The main question at the heart of the debate was whether the mandate that everyone in the United States purchase health insurance is permissible by the Constitution.

“If we uphold the individual mandate in this case, are there any limits on Congress’s power left?” Judge Joel Dubina said, reports Fox News.

The Los Angeles Times reports that many legal commentators had initially dismissed concerns regarding the individual mandate but that Federal courts have struggled to come to a consensus on the provision of the law.

“(The government has) a lot of authority to regulate health insurers and a lot of authority to regulate people who voluntarily purchase health insurance,” the plaintiffs’ representative Paul Clement said. “But I would submit they don’t have the authority to compel people to engage in the transaction.”

The lawsuit against the healthcare overhaul has been filed by 26 States.

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  • http://yahoo david coloma

    obamama care is death for the country , people , economy ,
    ….it will just make Soros richer and the rest of dead…
    …except the chosen ones

    • Edward Chandler

      When are we going to have enough congressmen with guts enough to get rid of this Son of a bitch. We have had enough of this communist Muslim some people call President. we are losing our America

      • Chuck

        Apparently, never. Recent actions by the inept republicans have given him more wiggle room and their lack of action on many fronts have allowed him to assume more power.

        • TIME

          Folks,

          I will say this again perhaps if I keep telling you all it will sink in someday.
          The HCR bill opens “Pandora’s Box” when Congress can demand that you buy a product or service thats when the place you called the United States of America is no longer, it {100% voids} the Bill of Rights as well the Constitution.
          As this bill was passed we are well on our way. As of today 6/13 2011 not a single Congress person nor senate person has stood up and explained what this law is really all about, ask yourselfs why that is?

          DemO or RebO it makes no differance they will all benifit from RAPING YOU.

          Let me say this again, {when Congress can Mandate you but a product or service,} there is NO END to what they then can then demand from you.

          Perhaps a few example’s will aid you in grasping this.

          Where you can live.
          If you can own a home.
          If you can own a car or not.
          If you can get health care or not – even if you pay for it.
          If you can even be allowed to live.
          If you can travel,
          What you can eat.
          Where you can eat.
          What you can wear.
          Whom you can visit.
          Where you can go to school or NOT.

          Can you see the light at the end of the tunnel?
          Its not going to be a pretty picture. The Mandate is total control over your life, thats called “EXTREEME POWER.”

          This bill never had anything to do with Health Care. Its all about total control, Total POWER – nothing more nothing less.
          If anyone can’t see that your a 100% total IDIOT.
          Would you like me to say that again?

          • Kate8

            TIME – Many do get it.

            Those who don’t probably won’t.

          • http://burkecomputers.blogspot.com/ DanB

            Imagine if they can say: “You will buy house ______. Your payments will be _____.” Might sound good until your realize that they are not interested in your welfare or your future. You want to save your money to get an education of your choice to change and improve careers? No, silly! Government will tell you what education you must purchase. You want to save money and buy a cheaper home and get out of debt? No, silly! You must get the home government dictates for you. That way, government can ensure you remain enslaved to government for all your needs!!! Simple. All they have to do is make sure you are in debt and cannot provide for your own needs without government assistance. That way you will constantly have to agree to their demands because you cannot retain food, shelter, clothing, or your employ without their approval. And if you really can afford these things for yourself, then you ought to give what government dictates to your neighbor so they can have all you have and more. (My wife and I could afford nicer meals when we were on food stamps, now we eat a lot of pasta, rice, and beans because meat and vegetables costs too much. The only reason I was on food stamps is because the government has been stealing all the money from real charity!)

            Big government abhors people who are debt free. Debt free are people who do not need government assistance and thus are not so easily controlled! It is a lot easier to control those in debt because they have a vested interest to believe your propaganda. While those who are debt free have more freedom to choose what they think for themselves. They might agree with big government. They might not. Why do you think big government politicians wanted all those risky home loans for the “less fortunate?” It sounded good in campaigns, but it also assured them more dependent voters. More slaves to big government policies because those so assisted would need to vote for progressive policies to keep food, shelter and clothing because all these things would become something they would need government help to have once they were in a home that ate up more money than they could really afford.

          • JUKEBOX

            Maybe he wants us to be like most of China, and force most people to buy a bicycle, or force everybody to eat a bowl of rice every day

          • Elizabeth

            AMEN YOU ARE SO RIGHT TO. IF we are under sharee law we have to deny JESUS CHRIST or die so the more pulling for the devil we will be putting our parents to sleep or children whoever is sick and costing the Government money its in OBAMACARE he will appoint a Dr to put the sick ones to sleep forever my parents are gone but I am disabled plus my yougest daughter has a son with AUTISM and she said they want get to kill her son but it is going to happen if obamacare passes

      • Willie Evershave

        I think several of the commentators are comparing apples to oranges when they compare Obamacare mandated purchases to automobile insurance. Obamacare is Federal and Autoinsurance is State. Obamacare would be required regardless of who you are, like a ‘birth-bill,’ but as far as I know you are not required to buy automobile insurance if you can verify that you have sufficient financial means to cover what a policy would cover. Obamacare doesn’t give a damn how much money you have, you have to buy a policy anyway. But, why buy it in the first place? If you don’t buy it, they will put you in jail, and the healthcare there is free, probably better, and you probably wouldn’t have to wait in line. Hey, the food is free as well, and they even sterilize the needle before they give you a lethal injection! You may have to wait in line to get into jail! We need to get this jerk out of the White House as soon as we can. When you realize that Elephant dung and Jackass droppings smell slightly different, but they both stink! Maybe we need a Lion party to come on with a strong cup of TEA. Then maybe if we had a Pride of Lions, some of the pride would be restored to the United States. God knows, we don’t have much pride left after Obama and his apology tours!

        By the way, you women, if you think you would enjoy wearing a burqa and being treated as the subservient chattel of the turban-top men, Obama is your guy! I can just imagine what it would be like for a woman in the USA, who has always been free, trying to survive under Sharia laws. You ladies should think about this seriously before you try to put Obama back in office. 2012 is coming, get your heads out of the sand sheeple, and pay attention how you vote this time! They don’t want you to think for yourselves. Don’t be fooled by Socialist propaganda and smooth-talk again! Obama and socialism must be defeated or our country will fall! We need to get this train back on the track. Let’s do it!

        • meteorlady

          Auto insurance is different. I can financially harm a person if don’t have insurance. I harm no one when I don’t purchase insurance – or excuse me – I wouldn’t financially harm anyone if the government would step out of the health care business and leave us all alone.

    • Elizabeth

      You are so dog gone right to if OBAMA is not got rid of by impeachment we will see the USA fall look at what OBAMA took to Egypt 3 million a day and people wonder where our money went yes we were in bad shape by OBAMA has broke us for sure only him and his crew is not broke

  • http://msn.com Sweetie

    I heard that one. :-)

    That so called ” ObummerCare ” is a Bad Joke.

    That is just what the ????? has been doing…
    Making the Soros Richer and the Rest us Poorer
    if not dead first.

    • Elizabeth

      AMEN YOU ARE SO RIGHT TO

  • nonyabusiness

    I WILL NOT BUY OBAMACARE NO MATTER IF ITS PASSED INTO LAW OR NOT…….I WILL NOT PAY FOR MY OWN EXTERMINATION!!!!!! HE AND THE REST OF WASHINGTON CAN KISS MY WHITE HAIRLESS ASS!!!

    • JC

      Then you will have to figure out how to “not” use the electronic banking system. Obamacare gives itself the authority to go straight into your bank account and take whatever it wants.
      Welcome to Obama’s Amerika.

  • Richard

    About Obama care: Even though the president argument is that buying health care should be like mandatory car insurance, his theory is full of holes. Driving on our nations roads is a privilege thus can be monitored through taxes, State and Federal but health care is a personal thing and is up to the individual as to what he,or she is willing to do about their own body and that of their spouse or children. No Government should be allowed to regulate any persons health or well being. If this Government wants to help people that wants health insurance then monitor the health insurance Companies more closely as to what they are using insurance premiums for. The Obama health care plan clearly has a two fold mission, Number one is that President Obamas plan will mostly be to cover people that otherwise would not be productive Individuals(do not or will not work) and the second would be a genocide for older people past the age of seventy, for he has clearly stated that with his plan that there will panels elected to monitor the amount of quality of live verses the medical treatment that would prescribed and only God and your Doctor has this authority Mr. Obama would at this point be setting himself as God & Doctor and he is neither, this is not in his realm of authority or any other Government Body.

    • James

      Richard, I would just add that car insurance is a state issue, where States have the power and the duty to regulate traffic. The federal governmet was delegated no such power in Article I, Section 8.

    • Dave

      Kathleen Sebilius said they have the right to force everyone to buy Obamacare because ” Every American will one day use the Healthcare system” . I say ” Prove It!” Because if just one American never goes through the system, then she’s wrong. Just as one person being opposed to school prayer, or displaying the 10 commandments, etc., can get these removed, then one person who goes through life never seeing a doctor, should rightfully get the mandate removed. And Obamacare will end. I bet there are hundreds of thousands of Americans who will live their lives never seeing a doctor, which is their right.

    • JUKEBOX

      Can you make someone buy auto insurance who does not drive or is blind? I don’t think so, which nullifies his stupid, ludicrous analogy.

      • Andrea B

        No, they can’t MAKE them buy auto insurance if they don’t drive or are blind…but they STILL charge them taxes to maintain the roads!

  • Bert Cundle

    That is what I have been wateing for… the TRUTH with the Ills of OBOMMACARE! California has got away with forced purcheses, for a long time.

  • http://PersonalLibertyDigest Randy 131

    As children growing up in the USA, they use to teach us patiotism by teaching us to take pride in the fact that the American people were a free people, and not even our government could usurp our freedoms, because of that great document, the US Constitution, whose only reason for existence was to protect the people from our own government and those who would use the government to force the people to submit to their will, instead of being able to exorcise the Creators gift of free will. Obamacare is in direct oppostition to all that we were taught about this great nation, and now the will of the majority is being negated by the few that are running our government, and the courts are in collusion with them, by twisting the words of the US Constitution and allowing the over-reaching of the authority it grants to the government. The courts are also in collusion with the government by allowing them to ignore the mandates of the 4th Amendment, despite the complaints of the majority of the American people. It seems that our courts are indirectly telling the American people that the only way we’re going to be able to ensure our rights that the US Constitution grants and guarantees us, is if we now take advantage of the 2nd Amendment, for the purpose it was established and written, and take back our rights, the government’s collusion is consiring to steal from us, by force. It apparently has come to this dire circumstance, in order to restore the US Constitution as it was meant to be, and the rights of the American people.

  • Ray Stamper

    The problem with health care in America is the government. It began with government mandating coverages that were not needed, and that began the process of increasing the costs. There is nothing about our health care system that could not be corrected by getting the government out of the process that they were never intended to be in in the 1st place.

    • JUKEBOX

      I have a theory that ANYTHING called a government mandate is a covert tax, ie: seat belts, catalytic convertors, Obamacare, etc.

    • JC

      That is exactly right. The problem already is: TOO MUCH Government.
      Only a moron could think that MORE Government is the answer.

  • Born American

    The only way to get our country, our rights, and keep our freedom is to remove all politicians by force, hold them accountable, and elect people that are common reliable citizens. Cut off foreign aide and rebuild America and always enforce THE CONSTITUTION OF THE UNITED STATES. And the peoples votes are the only ones who vote, not the government officials. This is to keep government in its place.

  • s c

    Only a freedom-hating scumbag would dare to claim that Uncle Scam has any legal or moral right to FORCE an American to buy ANYTHING, and that includes ‘health insurance.’ Uncle Scam, UP YOURS!
    And, up every anti-American #^*% who thinks the rest of us will sit back and let our nation be destroyed “for our own good.” Up the rebels!

    • andrea francis

      I do not post on these sites very often, but I will make a comment t0 those who are talking about “FORCE”, or “REBELLION” against the government. They would be happy to declare martial law, and are creating the conditions to make sure that people will become rebellious. Their policies on the economy, energy, immigration, and particularly the ignoring of the constitution. They have ignored LAWS, and the Dept. of Justice and this sorry bunch that call themselves the Congress, turn a blind eye to it. In 3 years Obama and his minions have stripped us of some of our freedoms, and there is no end in sight! If we the American people think that rioting and civil unrest will gain a victory against these freedom-stealing outlaws, we will be saddly mistaken! I am sure none of us want to be forced from our homes to God knows where, [for our own safety of course] and be completely dependent on the gov. for everything.[Just ask the Japanese how good it was]. I do not know when this might occur, but it is coming, so instead of wasting time on violent rebellion, and falling into their trap, start gaining the knowledge you and your famiies will need to know to survive!

      • Kate8

        andrea – I think it’s worse than even that.

        Legislators are busy passing all kinds of inane “laws”, many of which we will never know about. I believe that this is part of the plan: to have infinite ways to be in violation of the law. This gives the police any number of reasons to round people up, one at a time, for some infraction.

        After all, if a neighbor is picked up for some legal offense, who will question it?

        The only hope is for us all to be aware of this in advance, so we don’t just watch silently while our neighbors are taken away.

        Or maybe we will, anyway. Trouble is, we’re next.

    • JUKEBOX

      Think about how much “STUFF” the government forces you to buy when you purchase a new car, which drives the price up.

  • John

    Auto insurance is mandatory only if we, the people, choose to drive. And we have other options.
    Obamacare health insurance is mandatory when we, the people, live our lives. But there are no options.

    —Now if there is one thing that we do worse than any other nation, it is try and manage somebody else’s affairs. (Will Rogers)

    —Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. (Albert Einstein)

  • meteorlady

    We started the slide into socialism with LBJ and his medicare/medicaid. It would seem that the people that said they would bankrupt us were correct. Not only are they bankrupt, they have almost bankrupted the Social Security system because LBJ stole money from it to make medicare/medicaid appear revenue neutral. Through the years we have sat back and let the government infringe on our rights more more to the point where I can’t have my trans-fats and we all have to buy a product that people can’t afford or don’t want. It will only get worse from here until we stand up and get rid of the “controllers” in our society. That means getting rid of both parties and letting common people run for office without being hand picked by the party elites.

  • Jason

    This is the bill which could cause a second American revolution… What is going to happen when the IRS starts to come to peoples doors to collect from them thier government mandated “insurance premium”?… No wonder the IRS is increasing it’s enforcement agents… and arming them…

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