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Thread: Appeals court rules against Obama healthcare law

  1. #1
    Super Moderator cougarnurse's Avatar
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    Appeals court rules against Obama healthcare law

    What can I say? http://news.yahoo.com/appeals-court-...171829777.html

    An appeals court ruled Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

    The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

    The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.

    The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.

    "This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives," a divided three-judge panel said.

    Obama and his administration had pressed for the law to help halt the steep increases in healthcare costs and expand insurance coverage to the more than 30 million Americans who are without it.

    It argued that the requirement was legal under the Commerce Clause of the Constitution. One of the three judges of the appeals court panel, Stanley Marcus, agreed with the administration in dissenting from the majority opinion.

    The majority "has ignored the undeniable fact that Congress' commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy," Marcus wrote.

    Many other provisions of the healthcare law are already being implemented.

    The decision contrasts with one by the U.S. Appeals Court for the 6th Circuit, based in Cincinnati, which had upheld the individual mandate as constitutional. That case has already been appealed to the Supreme Court.

    The Court of Appeals for the 4th Circuit, based in Richmond, has yet to rule on a separate challenge by the state of Virginia.

  2. #2
    Member Extraordinaire hppygr8ful's Avatar
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    This is the first step to overturning and getting rid of this financial disaster called health care reform. Not only is it unconstitutional but it's financially unsustainable and makes criminals out of people who refuse to buy coverage. Imagine your parents or children being fined and possibly doing jail time (Pelosi said it)if they don't buy insurance . The 1400+ page law does absolutely nothing to keep health care costs down. First France then Greece now England all socialist countries with free healthcare and so called socaily progressive governments are all broke and going down in flames because their terribly unhappy populations have discovered that socialism is a lie. Let's hope the US doesn't make the same mistake they made 20 years ago.......

    hppy

  3. #3
    I am American but married a Canadian and lived in Canada for several years under their socialized medicine system. It is supposed to be the "model" system. Yeah it was great not to have to pay insurance premiums, but what you got in return could barely be called "bandaid medicine." It was a disaster. The wait times for services that we take for granted here in the US was horrendous. I was on a 15 month wait list for an MRI...9 months for a cat scan. My landlords secretary died waiting on a list to get cancer treatment. When I was diagnosed with a bone tumor, I wasted no time moving back to the US to get healthcare. I didnt want to die. Simple as that. I fear I would have if I'd remained under that socialized system. I never want to see that happen in this country.

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