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Supreme Court May Get Involved In Healthcare Debate

September 29, 2011 by  

Supreme Court  May Get Involved In Healthcare Debate

In its upcoming term, the Supreme Court may formally address a multi-State challenge to the Democrat-backed Patient Protection and Affordable Care Act.

Two Federal courts of appeals have ruled on the Constitutionality of the mandate that requires all individuals to purchase health insurance; one has upheld the mandate, and another has struck it down. Lower courts are also divided on the question of whether the rest of the bill can survive if the mandate is unConstitutional.

The National Federation of Independent Businesses (NFIB) headed up an effort to file a petition for a writ of certiorari to the court on Wednesday and issued a statement on its website.

“The 11th Circuit ruling confirmed NFIB’s view that the individual mandate in the health-care law is unconstitutional. It is now imperative that the Supreme Court rule on whether the entire law can stand without the mandate,” said Karen Harned, executive director of NFIB’s Small Business Legal Center in the release. “The sooner the Court takes up this case, the sooner small businesses and individuals will know whether they will have to bear the full weight, financially and economically, of this bad law.”

The court’s consideration of the case will likely take place during the height of the 2012 election season.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • Linda Payne

    We should not be required to buy health insurance. It is like telling us we have to buy only certain brands of food or a certain car, what grocery stores we can shop at. This country was founded on freedom of choice to live our lives as we deem appropriate. That is why so many people immigrated here from Nazi Germany, from Russia, why so many Muslims live here, to get away from socialist regimes. This is a democracy! God bless America and pray that our leaders do the right thing.

    • Rick Beatty

      Just a small point to relish…
      If muzzlims moved here to get away from socialist policies, then – maybe – there’s a BRIGHT SIDE to our current campaigner-in-chief’s possible re-election.

      They’ll GO BACK !

      But, probably not…

    • bohemian

      The filthy muslims come here like cockroaches; they take whatever they can, use our modern technology, and give nothing back to our society. They don’t give a damn about democracy, they just want to rule over us. And they’re doing a good job of it. With a mainstream media that are nothing but whores, and all the lemmings with 15-second attention spans that follow the crap that the MSM puts out (e.g. today, michael jackson’s doped-up voice recording), they managed to get a filthy cockroach into the White House.

      • eddie47d

        The only thing that is filthy is your comments.

        • bohemian

          oink oink.

    • Altaica

      While I agree there needs to be reform to our healthcare I feel that the healthcare act was a pretty lame duck. First off there are laws hidden in there that have nothing to do with healthcare, like taking student loans out of the hands of private lenders and giving them to the government. Thanks to that proviso my already strained income because more strained because the fed raised my fixed interest rate of 4% to 6.25% and in addition doubled how much I had to pay a month. THanks to this plan our insurance company also doubled it’s rates which meant, despite my health issues I had to downgrade the level of insurance I had as the top grade I was paying for was now more than I could afford. I personally believe that a bill/ law should not contain anything in it that isn’t directly related to the name of the bill. I also believe that every single word and page should be read by every member in the process. Maybe they’d learn not to be so darned long winded if they all had to read it before voting on it. This whole we have to pass it to see what is in it is like saying, you have to pass your test before we let you see the questions. That’s very backward and very deceitful thinking.

      They could easily have reformed healthcare by mandating that medical facilities could not charge more for an insured patient then an uninsured patient. Many places charge as much as 3 times the rate to the insurance companies to rake in the dough. They should also have created a way for individuals and small business to join a group pool, my company actually belongs to one of these, but they are rare. If you could join a group then your rates would naturally be lower. They should have also allowed Health Savings accounts regardless of the type of insurance you have that you can save money in to pay your medical bills. These are better then flexible Spending accounts because the money accumulates year after year and you don’t have to spend it by a certain date. You also generate interest. But you can only have these under these laws if you have a very high deductible and crappy insurance. This doesn’t make sense. You may have the best insurance, but you’ll still have costs and should be able to also save up in case of major illnesses/ accidents.

      Another way they could eschew cost of healthcare would be to price cap medications and require that when a company puts out a new name brand medication they would also have to provide a cheaper generic version. Of course they won’t do that because their in bed with big pharma, but if they did more people could afford their healthcare.

      You know most states also violate our freedom of choice by requiring car insurance if you own a car. That’s kind of the same thing. While it’s useful, isn’t this the same thing? The messed up thing there is that companies can drop you for using the service you paid for, and some companies may refuse to insure you for any number of reasons and force you to have no means of acquiring insurance. Insurance in and of itself it like government endorsed gambling. You bet you’ll have an accident, they bet you don’t. When you cash out many of them kick you out of their casino even though typically you have paid in far more then you get out.

      I also feel if they are going to require it, whatever they are requiring it should come out of pre-tax dollars and we should only pay taxes on money we are not required by their laws to spend. There should be no taxes period on required services.

      • Ellen

        The difference with car insurance is that most states require that you only buy insurance to cover damages you may create. You are not required to buy insurance on your own car. Your health insurance is only for you.

      • http://naver sook young

        Here is a video about Obama Care. I hope you find it interesting.

        http://www.youtube.com/watch?v=HcBaSP31Be8

        Thank you.

        Sook Young
        Wife of the Samurai

    • metalflyer11

      All correct except that this is NOT a Democracy, it is a Republic.

    • http://naver sook young

      Aren’t we a republic and not a democracy? Thank you.

      Sook Young
      Wife of the Samurai

      • bob wire

        I think that we are both or trying to be anyway.

    • http://www.lp.org Jerome Bigge

      My answer is simple as a Libertarian, I believe that everyone has the right to refuse to buy things they don’t want to buy. I will also point out that no one can be legally forced to accept medical treatment against their wishes. This has been settled by court cases in the past regarding Christian Scientists and some other religions that prohibit blood transfusions. So the idea that everyone has to have health insurance violates people’s personal freedoms. You do have the right to refuse medical treatment. Nor does society have the right to provide medical treatment to those who can’t pay for it.

  • OIFVET

    The Supreme Court needs to uphold the law alright. the law of the constitution and throw Barry in Gitmo

  • Raggs

    Will Sotomayor recuse herself since she prior to her appointment to the court by her best friend barry was heavily involved in the advocacy of this socialistic law?

  • s c

    As many as three justices should recuse themselves on this issue. Two of them are Obummer appointees. The third is a long-time socialist and America-hater.
    This so-called healthcare scheme is a monster straight out of Hitler’s Mein Kampf. This amounts to a 100 ton pig flexing its muscles on citizens who do not deserve to treated like dirt by those who should be behind bars.
    Thank ‘public education’ for this glorified Ponzi scheme, people. Do you think it’s any coincidence that a great chunk of the robotic useful idiots who voted for Obummer can’t read or think? Some of them are so stupid that they’d gladly wear chains if they could get someone to do ALL of their thinking for them. Enter Obummer, and here we are, folks.
    Screw this healthcare insanity. Either you can read and understand the Constitution, or you can’t and you might as well schedule yourselves for a retroactive abortion (look hard enough and you’ll probably find a provision for it in Obummer’s healthcare scam). What a hellacious price to pay for passing an abomination that even America’s LEADERS didn’t take the time to read or understand.

    • bob wire

      Yea, you’d like that . ~ I see no need for this branch of government if that’s the case.

    • Ronbo

      Supreme Court Justice Thomas FAILED to report nearly a million dollars of his wife’s income from political firms. This is against the law and highly illegal.

      If Justice Thomas will lie about his family income, what other honesty problems does he have? Working Americans can’t afford health insurance and the one making decisions can’t tell the truth about all the money pouring into his pockets! This is what is wrong with our political system – greed, lies and uncontrolled power!

      Impeach Thomas or accept his lies and deceptions about who is giving him a million dollars. Who gives you $980,000?

    • Robert Owen

      It’s about time we gave both Obummer and his “Health Care” scheme the old heave-ho! Remember in November.

    • Myke McCormick

      Stop Calling It Health Care! It Is Mandated Insurance!! It seems a bit too convenient that people were ready for this after years of solid no. And yes people were too demanding “Something”, not what they got but “Something.”
      What we got is Govt mandated NOT Health Care but Health Care Insurance. This was really set up by the Insurance Companies. Evidently they have raped as many people as they can with the present system and now want the Government to Force people to buy Insurance. Those that can’t afford it will get it and Others will be Forced to pay for it. Who profits? Big Insurance. Who owns most hospital corporations? The same people that won Insurance companies. Getting it two ways isn’t enough. Now they want everyone to have Forced Insurance & get treatment in Their Hospitals AND Forced Insurance paid by taxes. Newt Gingrich proposed this long before Obama.
      It’s not new. Insurance companies got Forced Auto Insurance now they want Forced Health Care Insurance. Next up? Forced Life insurance.
      No wonder the biggest recipient of bail out money was not a bank but an Insurance company

      • http://www.lp.org Jerome Bigge

        Good point! Where does this stop? Is there any limit on what the government can force you to buy? To pay for? Maybe the government will require as you mentioned that everyone buy life insurance to pay for their burials?

    • http://www.publicnewsservice.org Les Coleman

      Linking left-wing socialism with right-wing Nazism (fascism) is a common dis-information tactic used by the American right. Any student of political science knows the two are actually as far apart on the spectrum as you can get. Just because the Nazi’s used the word “socialist” in their name does not equate with socialism. The Nazis were right wing Fascist–corporatism in today’s language.

      • http://Personalliberty.com JpearB77@gmail.com

        Les Coleman, there is no such thing as “Right Wing Naziism,” Naziism is on the Left Wing of THE TOTALITARIAN spectrum. The word Nazi means “National Socialism,” which is an economic system. It is a repressive system, the power of which, resides – more or less- in an oligarchy.

    • don

      if every person voted in the usa we would not be in all this mess.they just sit at home and say nothing will matter if they vote. the whole population would make a difference. the elitests with their big money bribes to our reps, president and as we read our judges would not go. the whole vote of everyone would make big change. the way we are going this will go on forever. the vote is bigger than all money.

      • Mike

        If everyone voted it would indeed be a different country. What angers me is that we are not allowed to vote on laws ourselves. Why not let the majority vote for/against abortion, or legalising marijuana?

        If it is not specifically spelled out in the Constitution, then the voters should have a say in it. Our representatives vote the way they are paid to vote. Our Republic is in serious trouble.

        Health care “reform” is a joke. This is one issue that definitely should have been put to a public vote. But, sadly, a lot of people wouldn’t even understand the wording of the bill. Too many people today are content with their bread and circuses.

      • http://www.lp.org Jerome Bigge

        The Republicans don’t want everyone voting. They want to make it difficult for people to vote. This is what is behind their advocation of requiring people to show picture ID in order to vote. What happens to the people who don’t drive? The poor, the elderly, those who will lose their right to vote because they don’t have a driver’s license or a state picture ID? Parallel to this was how in the deep south they did things to keep persons of color from voting.

    • Dave

      SC comments on anyone who voted for Obama is stupid and worse? Too ridiculous to even consider his comments from that point on.

      • Mike

        Unfortunately, most of us took Obama at his word when he promised to make things right. We were in error. He has been the biggest mistake in American politics in our history.

        Most of us fell for it once, to our regret, but we won’t again. Obama is more like Bush/Cheney than Bush/Cheney were.

        I actually do feel kind of stupid for voting for Obama. He seemed the lesser of two very bad choices at the time. Man, was I wrong.

    • http://www.lawinfour.com Howard R Gray

      Retroactive abortion, a nice synonym for state euthanasia!

    • nanc

      Everything in Obamacare should be repealed there are things in it that are going to affect everybody except the people who wrote it and the idiots who passed it without reading it.They are getting FREE perks, FREE everything even when they are voted out and the EXpresidents donot need the secret service to protect them, they donot need any kind of pay, after all they are millionaires. What does obama do but threaten all the retires that there SS will not be paid to them,TAKE away all the extra money paid to countries that donot like the americans.You never hear aboutthe CONGRESS OR the President giving up their salary for sitting on there rear ends passing bills likke the obamacare to tax the country to death. and who is going to pay for this obamacare if there are no jobs and the labor unions force you to pay for their life style with your hard earned money that could pay for your food, health care, housing schooling and to put away for your kids college.

    • James D. Johnson SR

      I would love the opportunity to re-post your comment on my Facebook page.

    • Curtis Mills

      Just to make certain that I understand Obamacare: The government clerks that want to reduce spending, and SS and medicare payments are a huge expense, may now decide who may have medical care. This sounds like a kinder, gentler way to kill off portions of the populace that Stalin or Pol Pot used.

    • Rob N

      This is what happens when the Democrats keep a voucher system from letting the Public School System die a quick death. You keep getting morons graduating who vote for people like Obama. The Democratic Party relies on ignorance and feeds off of emotions. Having only private schools in America (of all types…Catholic, Jewish, Computer Science, Military Prep, Animal Husbandry, etc.)will ensure our youth can actually have critical thinking abilities to see through all the smoke and mirrors. Get involved and demand your Senators & Representatives authorize a school voucher system. Lets take the power, influence, and control away from the Democrats, the School Teachers (and their unions), and the Administrators. Let’s give it to the parents (and thus, their children), and business and industry, and to society in general.

  • http://PersonalLibertyDigest AZ-Ike

    The U.S. Constitution, Article III, Section 2, Paragraph 2 states: In all Cases….., and those in which a State shall be a Party, the supreme Court shall have original jurisdiction. Therefore, the multi-state challenge to “Obamacare” should have been heard immediately and only by the Supreme Court– without the necessity of the lawsuit going through any of the ‘lower courts.’ In addition, any signed Federal Bill that is challenged by the States or the People should necessarily be put on hold until the courts render a final decision. Instead, “Obamacare,” although challenged for constitutional legality, has already changed the landscape of healthcare in America and cost Americans $$$billions.

    The supreme Court also failed its original jurisdiction mandate in the government’s case against Arizona’s SB1070 Immigration Bill. The lower federal courts, who never should have been involved, have halted implementation of Arizona’s legal legislation. The government sued Arizona, damaging the state’s economy by calling for and supporting an economic boycott. Although the Constitution grants Congress the authority “to establish an uniform Rule of Naturalization,” it does not prohibit the states from enforcing immigration laws. When, and if, the supreme Court ever hears the government’s case against Arizona SB1070, and if the supreme Court actually adheres to the Constitution, there should be no impediment to enforcing SB1070. In the meantime, Arizona already has lost more than one year’s enforcement of the state’s legislation.

    Currently Alabama has passed an even tougher immigration state law and is also being sued by the U.S. Government. I hope Alabama is smarter and tougher than Arizona’s Governor Brewer and will demand a supreme Court hearing and decision, refusing any participation in lower court proceedings. It is long past the time when all of the individual United States demand their sovereign rights and nullify the many unconstitutional actions by the federal government.

    During Obama’s administration, we have seen numerous outright abuses of constitutional mandates and responsibility by the supreme Court and lower federal courts. The most important is the judicial system’s refusal to hear even one of the many lawsuits challenging the constitutional eligibility of Barack Hussein Obama to be President of the United States. What kind of country has America become when our entire judicial system tells the People they have no standing in the courts for a decision on either the constitutionality of a law or of a man occupying the most powerful elected office in the country? How can they apply a ‘no standing’ ruling when everything this man has done has been a violation of the Constitution and the (supposed) Rule of Law in America? Every action Obama has taken has damaged the liberty guaranteed by the Constitution to every American citizen.

    It is clear the supreme Court Justices and federal court judges have violated the Oath of Office each took when assuming office. One can only conclude the supreme Court and U.S. judicial system is complicit in Obama’s blatant attempts to destroy the Constitution.

    Congress is the most important branch of government because they have the right to remove the President, supreme Court Justices and federal judges, as well as their own Members. If we still had a fully constitutional government in America, the constitutional response from Congress would be the impeachment and removal of the federal judges and supreme Court Justices who have violated their Oaths of Office and the Constitution. If we still had a fully constitutional government in America, Congress would at least have investigated Obama’s eligibility in an effort to determine if impeachment was either necessary or proper, or if other means were necessary to remove an unconstitutional usurper.

    Instead, we have an entire government branch of Congressional career politicians, Representatives and Senators, who have also violated the Oath of Office each took when assuming elected office. We can conclude that Congress has joined in the destruction of the U.S. Constitution.

    Article VI, Last Paragraph: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the Untied States and of the several States, shall by bound by Oath or Affirmation, to support this Constitution….

    All of the elected representatives in all branches of government, including the Supreme Court Justices and many federal judges believe they have the right to interpret the Constitution as they see fit. They no longer believe in supporting and defending the Constitution as it was written and intended. They no longer believe in the Rule of Law. They no longer believe government derives its power from the People. They believe they are the power.

    “…It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.” –Daniel Webster

    “All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
    –Thomas Jefferson

    The career politicians of both parties, Democrats AND Republicans, have brought America to its knees. The U. S. Constitution is gasping its last breath. And, now, unbelievably, the Democratic Governor of North Carolina, Beverly Perdue, has suggested suspending the 2012 Congressional elections. Why haven’t North Carolinians already demanded her resignation, or at least started a recall petition?

    We have one chance left to take back America. As important as it is to replace Obama with a conservative President who respects and honors the Constitution and the Rule of Law, it is critically important that we replace ALL career politicians in Congress; House AND Senate. We need a significant majority of new Representatives and Senators who will support and defend the Constitution in order that the People once again take control and power back from government.

    “The power under the Constitution will always be in the People. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest or not agreeable to their wishes, they servants can, and undoubtedly will, be recalled.” –George Washington

    This is the new revolution in America—peacefully replacing all career politicians by voting for new citizen representatives who truly believe in and support the Constitution, and voting for a new honorable ‘natural-born’ citizen President (and Vice-President) with conservative values and a demonstrable love of America and American exceptionalism—a President whose word is the truth.

    “I do solemnly swear that I will faithfully execute the Office of President of the United States and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

    • bob wire

      Hmm? Little question to the importance of your posting. It’s better to be late thinking of such matter then never I suppose.

      The genie does not want to go back inside the bottle. It’s going to take a lot of time and constant pressure to ever get the cork back on that bottle to have the pure Republic many of you claim preference.

      Medicare was viewed in much the same light as what you are calling “Obama Care” from the offset as well. It was going to break us, it simply would not work, quality care would suffer, etc.

      I know of people that protested the loudest at the time sure use it now. In fact, they would be dead today without it. Perhaps they might be better off dead from living pasted their expiration date with all the strange things that can go wrong with the human body but I doubt if they would agree, even in their suffering.

      I’m not advocating a single position but commenting on the way people behave and hold so tightly to life even though it’s turned into living hell.

      I’ve got a father that is in his 4th year of fading slowly away. He’s in progressive care tonight,~ fight for his life. Tubes up his penis,in his arms, chest and nose. Some 45 days now, 10 of it in ICU. He’s tired and we are tired. Mother is by his side 8 to 10 hours a day and losing weight. We hoping to get him home to die or get better. Getting him healthy enough to be released is looking impossible as new things keep popping up. Ugly , mean nasty things. Hoping he can stand and make just three tiny steps before his release is beginning to looking out of the question at this point. If he makes it home, the work begins again for the family. I’ve watch older cousins go through this care process and seen the love and hardship.

      For myself, I’m not going to hang on that tight to life. There is a point to where it’s simply not worth the effort.

      “I’m going to show the devil a brand new dance, hold the doors wide open boys, I’m getting ready to go” ~ words to an old bluegrass tune that I hold fondly dear.

  • GregS

    Hey! Hey!
    Ho! Ho!
    ObamaCare has got to go!
    Defeat the Dems to make it so!

    Vote OUT ALL Democrats in 2012 before ObamaCare becomes a permanent entitlement in 2014.

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