Federal Judge Rules ObamaCare Unconstitutional

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  • BigBadBrian
    TOASTMASTER GENERAL
    • Jan 2004
    • 10625

    Federal Judge Rules ObamaCare Unconstitutional

    LINK

    (Reuters) - A federal judge in Florida struck down President Barack Obama's landmark healthcare overhaul as unconstitutional on Monday in the biggest legal challenge yet to federal authority to enact the law.

    U.S. District Judge Roger Vinson ruled that the reform law's so-called individual mandate went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.

    "Because the individual mandate is unconstitutional and not severable, the entire act must be declared void," he wrote, "This has been a difficult decision to reach and I am aware that it will have indeterminable implications."

    Referring to a key provision in the Patient Protection and Affordable Care Act, Vinson sided with governors and attorneys general from 26 U.S. states, almost all of whom are Republicans, in declaring the Obama healthcare reform unconstitutional.

    "Regardless of how laudable its attempts may have been to accomplish these goals in passing the act, Congress must operate within the bounds established by the Constitution," Vinson, who was appointed to the bench by Republican President Ronald Reagan, ruled.

    The Obama administration said it would appeal Vinson's ruling and believed it would prevail on a highly politicized issue likely to end up at the Supreme Court.

    "We strongly disagree with the court's ruling today and continue to believe -- as other federal courts have found -- that the Affordable Care Act is constitutional," Justice Department spokeswoman Tracy Schmaler said.

    A White House official told reporters the administration planned to continue with implementation of the law.

    "We'll continue to operate as we have previously and suspect that the states will do the same," said the senior administration official, who asked not to be named.

    "Obviously this case will be appealed ... and so implementation would proceed apace ... This is not the last word by any means," the official said.

    But the fact that the judge did not issue a stay of his ruling pending appeal by the government could threaten the application of many of the provisions of the healthcare law.

    RULING DRAWS ATTACK, PRAISE

    The plaintiffs represent more than half the U.S. states, so the Florida case has more prominence than some two dozen similar lawsuits filed in federal courts.

    The healthcare overhaul enacted last year, a contentious cornerstone of Obama's presidency, aims to expand health insurance to cover millions of uninsured Americans while also curbing costs. Administration officials insist it is needed to stem huge projected increases in healthcare costs.

    Two other district court judges have rejected challenges to the individual mandate. But a federal district judge in Richmond, Virginia, last month struck down that central provision of the law.

    Vinson's ruling was dramatically broader and drew immediate strong reaction.

    "Healthcare reform is the law of the land and, now that Americans see its benefits, a majority of them oppose Republicans' dangerous plans to repeal a law that put patients in control of their own healthcare," said Senate Democratic leader Harry Reid.

    Ron Pollack, executive director of Families USA, an influential national advocacy group that pushed for the healthcare overhaul, called Vinson's decision an example of "radical judicial activism run amok."

    Republican House Speaker John Boehner was among those who applauded Vinson's ruling. "Today's decision affirms the view, held by most of the states and a majority of the American people, that the federal government should not be in the business of forcing you to buy health insurance and punishing you if you don't," Boehner said in a statement.

    The National Federation of Independent Business (NFIB), which says it represents small businesses across America and was a plaintiff in the lawsuit, also welcomed the ruling.

    CONFLICTING RULINGS

    The individual mandate is key to the law's mission of covering more than 30 million uninsured. Officials argue it is only by requiring healthy people to purchase policies that they can help pay for reforms, including a provision that individuals with pre-existing medical conditions cannot be refused coverage.

    Vinson's ruling comes after the U.S. House of Representatives, with a new Republican majority, voted earlier this month to repeal the healthcare reform law. The repeal measure is unlikely to go any further as the Democratic-controlled Senate is expected to drop it.

    Shares of U.S. health insurers were little changed immediately after the ruling, with UnitedHealth Group Inc and Aetna roughly flat and WellPoint Inc down 0.8 percent.

    "This just adds to the conflicting nature of the rulings that we've seen so far," said Matthew Coffina, an analyst with Morningstar. "I think everyone watching the industry at this point has been expecting the Supreme Court to ultimately decide this situation."

    States involved in the lawsuit were Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, Pennsylvania, South Carolina, North Dakota, South Dakota, Texas, Utah, Washington, Iowa, Ohio, Kansas, Maine, Wisconsin and Wyoming.

    (Additional reporting by Jeremy Pelofsky, Donna Smith and Tom Ferraro in Washington, Lewis Krauskopf in New York; Editing by Pascal Fletcher and Bill Trott)
    “If bullshit was currency, Joe Biden would be a billionaire.” - George W. Bush
  • Hardrock69
    DIAMOND STATUS
    • Feb 2005
    • 21897

    #2
    Healthcare must be reformed. Period. End of story.

    It must be somehow amputated from the Insurance Industry. They have merged into a mega-system whose goal is to amputate our wallets from us.

    That said, the provision that we must all be legally required to buy health insurance is a load of shit.

    That is not 'reform'. That is something the insurance industry desperately wants. Much like they wanted everyone in the country to be required to buy auto insurance.

    Sure, I think everyone should have auto insurance. But if they don't, they should not be allowed to tag their cars.

    That said, if you ride a bicycle or ride the bus, you should not be thrown in jail for refusing to buy auto insurance.

    Comment

    • BigBadBrian
      TOASTMASTER GENERAL
      • Jan 2004
      • 10625

      #3
      Originally posted by Hardrock69
      Healthcare must be reformed. Period. End of story.

      It must be somehow amputated from the Insurance Industry. They have merged into a mega-system whose goal is to amputate our wallets from us.
      Yes, changes need to be made to the healthcare system, administration-wise. There's no denying that.

      There are good parts in the current bill, but most of it is bullshit, designed eventually to lead to a government run system. You don't want that, trust me. Does the government do anything well, besides our armed forces? Think about that.

      I see first hand with my job how the government handles things with Medicare and Medicaid. You think that private insurance is greedy, you haven't met Uncle Sam. Most of the denials I get in my office for various treatments/tests for patients are from bean counters or their policies, not doctors.

      With most private insurance we accept, it is much easier to find a work-around for, say for a doctor requested MRI, than it is with the government.

      Sometimes I regret switching jobs several years ago, and would rather go back to the IT world.

      It's not easy explaining to a senior citizen (or usually their doctor) that Medicare has either denied their treatment or they're on the hook for 20% of a $6,800 MRI.
      “If bullshit was currency, Joe Biden would be a billionaire.” - George W. Bush

      Comment

      • Hardrock69
        DIAMOND STATUS
        • Feb 2005
        • 21897

        #4
        Gotcha.

        Comment

        • Guitar Shark
          ROTH ARMY SUPREME
          • Jan 2004
          • 7579

          #5
          This ruling means absolutely nothing at this point. Eventually the law will be reviewed by the Supreme Court which will have final say.
          ROTH ARMY MILITIA


          Originally posted by EAT MY ASSHOLE
          Sharky sometimes needs things spelled out for him in explicit, specific detail. I used to think it was a lawyer thing, but over time it became more and more evident that he's merely someone's idiot twin.

          Comment

          • Nitro Express
            DIAMOND STATUS
            • Aug 2004
            • 32942

            #6
            Obamacare is like giving Goldman Sachs control over your local bank and forcing you to put your money in it or you get fined $2000 for not doing so and the IRS will garnish your wages to get it.

            It basically made the same problems worse. Obviously the bill was written by some insurance companies that have bought favoritism in Washington and their competition will be regulated and taxed out of business while certain insurance companies mops up. Big corporations like McDonalds and big unions like the UAW and NEA have already gotten their Obamacare exemptions. They don't have to pay into it at all. So this isn't fair medicine whatsoever.

            I have Obama figured out. He's in bed with certain unions and corporations. He provides the mandate and certain corporations and unions benefit at the cost of everyone else. This is not socialism.
            No! You can't have the keys to the wine cellar!

            Comment

            • Nitro Express
              DIAMOND STATUS
              • Aug 2004
              • 32942

              #7
              Nobody like the process Obamacare was rammed into law without any public observation. When the congress meets late on Christmas Eve it's never for anything good. When they vote on bills they have no time to read and tell the public they have to pass it into law to see what it is, thats not an open political process. Obama promised an open government. He could have waited to sign the bill until the public had time to read the dam thing but no, he doesn't care about the public. His corporate sponsers wanted it signed into law ASAP.
              No! You can't have the keys to the wine cellar!

              Comment

              • Nitro Express
                DIAMOND STATUS
                • Aug 2004
                • 32942

                #8
                Something happened to healthcare in the last 20 years. In 1990 it was the least of my worries, I paid my premiums and had full dental and great coverage and never thought twice about what I was paying because it was dirt cheap compared to today. In those days I saw people abuse their insurance. I saw people running their kids to the doctors for every little sniffle because the insurance paid for it. I had a dentist try and hit me up for thousands of dollars of cosmetic dentistry because my insurance would pay for it. A doctor tried to get my wife on fertility drugs when she had no fertility problems at all. People would check themselves into a hospital for a vacation because it was covered by insurance.

                So what killed the American healthcare system was GREED. The patients were greedy, the doctors were greedy, the insurance companies upped their premiums when they had the excuse to do it. Everyone had their fucking hand out and in 20 years the system became unaffordable and now everyone is wondering what happened.

                What happened is everyone is to blame and everyone got greedy.
                Last edited by Nitro Express; 02-01-2011, 01:25 PM.
                No! You can't have the keys to the wine cellar!

                Comment

                • Satan
                  ROTH ARMY ELITE
                  • Jan 2004
                  • 6664

                  #9
                  Originally posted by Guitar Shark
                  This ruling means absolutely nothing at this point. Eventually the law will be reviewed by the Supreme Court which will have final say.
                  But how will they rule on this one. It's really a conflict for the BCE 5 this time. Opie Roberts has always taken the pro-corporatist side on every case, but this time siding with the insurance corporations and defending mandatory payments to them, means he has to rule in favor of a "Democratic" President.

                  The corporate mandate was a shitty idea from day one. Obama himself said so as a candidate (as opposed to Hillary, who openly shilled for it). He rightly compared it to ending homelessness by requiring everyone to buy a house. Of course he also said he would never sign a bill without a public option, and that was even after he was elected. Too bad he forgot about both statements.

                  What needs to happen is that Dennis Kucinich needs to sneak HR676 in as an amendment to the next war funding bill, so all the fucking Republicans will vote for it without reading it. Then they can scrap this corporatist bullshit altogether and move on with a real healthcare system like the rest of the goddamn planet.
                  Eternally Under the Authority of Satan

                  Originally posted by Sockfucker
                  I've been in several mental institutions but not in Bakersfield.

                  Comment

                  • Dr. Love
                    ROTH ARMY SUPREME
                    • Jan 2004
                    • 7833

                    #10
                    Originally posted by BigBadBrian
                    Does the government do anything well, besides our armed forces? Think about that.
                    1. The FAA - I don't see a whole lot of plane crashes on a daily basis.
                    2. The CDC - They seem to do a good job of managing outbreaks.
                    3. The FDIC - Seem to be doing a good job of protecting my money
                    4. The Highway System - Seem to be able to drive around the country pretty easily
                    5. The FDA - Seem to be doing a good job keeping our food safe and inspected and managing bad food outbreaks
                    6. NASA - Seem to be producing a lot of good technologies and so far as I know no private businesses have gotten us to the moon yet
                    7. The DMV - Long lines aside, I don't seem to have a lot of problems getting a new license or registration for my car. They even contact me to remind me when it's due before it expires!

                    Shall I go on? The idea that the government can't do anything well is dumb. Our world is a lot more nuanced than that.
                    I've got the cure you're thinkin' of.

                    http://i.imgur.com/jBw4fCu.gif

                    Comment

                    • sadaist
                      TOASTMASTER GENERAL
                      • Jul 2004
                      • 11625

                      #11
                      Originally posted by Nitro Express
                      I saw people running their kids to the doctors for every little sniffle because the insurance paid for it.
                      I still see that in Southern CA. Go to any hospital emergency room and it is full of illegal immigrants with a cold.
                      “Great losses often bring only a numb shock. To truly plunge a victim into misery, you must overwhelm him with many small sufferings.”

                      Comment

                      • BigBadBrian
                        TOASTMASTER GENERAL
                        • Jan 2004
                        • 10625

                        #12
                        Originally posted by Dr. Love
                        1. The FAA - I don't see a whole lot of plane crashes on a daily basis.
                        The near misses, particularly on the tarmac, would horrify you.

                        2. The CDC - They seem to do a good job of managing outbreaks.
                        The flu kills 20,000 people in this country annually. It would be alot less if CDC did their damn job.

                        3. The FDIC - Seem to be doing a good job of protecting my money
                        Remember the bank bailouts?

                        4. The Highway System - Seem to be able to drive around the country pretty easily
                        Remember the highway bridge that collapsed in MN recently? Yeah, our infrastructure is doing really well.

                        5. The FDA - Seem to be doing a good job keeping our food safe and inspected and managing bad food outbreaks
                        Look at all the health violations at your closest meat-packing plant. Go ahead, they're online.

                        6. NASA - Seem to be producing a lot of good technologies and so far as I know no private businesses have gotten us to the moon yet
                        As the era of private spaceflight takes a step forward with SpaceX's Falcon 9 rocket test, here's a look at 6 companies that could launch humans into space soon.


                        The DMV - Long lines aside, I don't seem to have a lot of problems getting a new license or registration for my car. They even contact me to remind me when it's due before it expires!
                        Not federal but State govt


                        Shall I go on? The idea that the government can't do anything well is dumb. Our world is a lot more nuanced than that.
                        You actually think private companies couldn't do a better job for alot less money? You are deluded.
                        “If bullshit was currency, Joe Biden would be a billionaire.” - George W. Bush

                        Comment

                        • Dr. Love
                          ROTH ARMY SUPREME
                          • Jan 2004
                          • 7833

                          #13
                          Originally posted by BigBadBrian
                          The near misses, particularly on the tarmac, would horrify you.
                          I've flown literally hundreds of times without ever experiencing this.


                          The flu kills 20,000 people in this country annually. It would be alot less if CDC did their damn job.
                          0.0065% of the population dies from the flu annually. You're right, the CDC isn't doing their damn jobs!!!


                          Remember the bank bailouts?
                          Oh, that's right. I forgot -- the FDIC did the bank bailouts. And for every bank that failed, the people that held accounts in the bank lost all their money. How could I forget!


                          Remember the highway bridge that collapsed in MN recently? Yeah, our infrastructure is doing really well.
                          I think you're confusing how well the program does overall with the funding it actually gets with the problem that it's terribly underfunded. And you're right, one failed bridge means the entire agency sucks and the government sucks!


                          Look at all the health violations at your closest meat-packing plant. Go ahead, they're online.
                          You do realize that the only reason you can even look at health-violations, or the fact that there are ANY health-violations, is because we have an FDA and it does inspections right? ... right?

                          As the era of private spaceflight takes a step forward with SpaceX's Falcon 9 rocket test, here's a look at 6 companies that could launch humans into space soon.
                          Cool. Let me know when you can actually rebutt my argument re: technology from NASA and people landing on the moon. Don't worry, I'll wait.

                          Not federal but State govt
                          You weren't specific.


                          You actually think private companies couldn't do a better job for alot less money? You are deluded.
                          I never said anything like that. What I said was that there are government programs that do well, as you were suggesting there are none other than the military.

                          You know, there are government programs that assist with education. You should check into one that helps with reading comprehension. I've heard they're very successful ... for a government program.
                          I've got the cure you're thinkin' of.

                          http://i.imgur.com/jBw4fCu.gif

                          Comment

                          • Satan
                            ROTH ARMY ELITE
                            • Jan 2004
                            • 6664

                            #14
                            Private companies do things for one reason: profit.

                            Now I'm the Devil, so I have nothing against greed. I invented it, and encourage it. But there are somethings that should not have a profit motive, because it's in complete conflict with what should be the results.

                            For example, is it in the best interests of pharmaceutical companies to cure disease? No, because people who aren't sick won't need their drugs. Which is why the majority of pharmaceutical drugs merely treat symptoms, but do nothing to remedy the actual cause of the problem.

                            And when the primary goal of a "health care organization" is to pay a CEO a 8 figure salary and increase stock values, and NOT to provide the best medical treatment, then what's the point of having it at all?

                            Why does the Devil care about health care? Because the longer people remain on earth, the lower my budget is here in Hell.
                            Eternally Under the Authority of Satan

                            Originally posted by Sockfucker
                            I've been in several mental institutions but not in Bakersfield.

                            Comment

                            • ELVIS
                              Banned
                              • Dec 2003
                              • 44120

                              #15
                              So, I'm supposed to believe the federal government's aim is to provide the best medical treatment ??

                              Comment

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