Activist judge rules health care law unconstitutional

I went to look at alternatives to COBRA today on healthcare.gov. The first suggestion was that I get on my presumably heterosexual spouse's health plan. The second suggestion was COBRA.

The judge ruled that the government couldn't force people to buy insurance...because it was unconstitutional.


unconstitutional

Honestly, Goth.

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That's the way the insurance companies want it.

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Funny how his clear conflict of interest did not force him to recuse himself. If this was a Dem-appointed judge with a financial stake in lobbying for health care reform who upheld all of the law, all hell would break loose on the right.

I believe the judge's opinion will be overturned on appeal. It is a very, very narrow interpretation of the commerce clause and does not invalidate the entire HCR law, only the individual mandate. If for some reason the SCOTUS upholds the opinion (which with this bunch, is always possible), this opinion may pave the way for a true public option. The judge's issue was an individual mandate forcing the purchase of a product in the private market - the basis for this argument is lost if you expand Medicare and make a public option available.

It would be a bit ironic if the VA AG helped pave the way for a true public option. If I was a betting woman (and I really am not) I would say this will be overturned on appeal.

MB - agree completely - the individual mandate was proposed by the GOP think-tank the Heritage Foundation - it is funny that the very plan they promoted in the 90's is now considered so heinous.

If Obama likes it, it must be evil. At some point, all of these GOP contortions will come back on them.

I'll try asking a direct question of Goth again- let's see how it goes. Who has Obama given exemptions from the mandatory health insurance?

"Nobody is required to buy auto insurance as it is not mandatory that people own cars."

Typing in all bold doesn't make what you're saying any less lame. That's like saying people who don't like the new airport security measures can choose not fly. In today's age, owning a car is a necessity for some, just like flying is for others.

Updated On: 12/14/10 at 12:51 PM

JoeK, you didn't even comprehend what I linked. It has everything to do with mandatory health insurance.

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"What you linked to was about group health insurance plans that have been placing low limits on lifetime benefits"

So we agree that what I linked to was about health insurance.

From the link:

"annual limit requirements are reviewed on a case by case basis by Department officials who look at a series of factors including whether or not a premium increase is large or if a significant number of enrollees would lose access to their current plan

People that lose access to their current plan would be required by the government to have insurance. But this list is a waiver list, so they aren't required to have it.

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"People that lose access to their current plan would be required by the government to have insurance. But this list is a waiver list, so they aren't required to have it."

And no, this means nothing of the sort. If a company on this list discontinues coverage, the employees would be required to obtain health insurance elsewhere.

"If a company on this list discontinues coverage, the employees would be required to obtain health insurance elsewhere."

Requiring an employee to obtain health insurance is forcing them to buy health insurance. They don't have a choice of going without. It's mandatory. That's what's unconstitutional.

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Updated On: 12/14/10 at 03:45 PM