States fighting healthcare law don't have precedent on their side

[mawilson 2,133]

Conservative Justices Antonin Scalia and Anthony M. Kennedy joined a 6-3 ruling that said Congress could regulate marijuana that was neither bought nor sold on the market but rather grown at home legally for sick patients.

They said the Constitution gave Congress nearly unlimited power to regulate the marketplace as part of its authority "to regulate commerce."

Even "noneconomic local activity" can come under federal regulation if it is "a necessary part of a more general regulation of interstate commerce," Scalia wrote.

The decision throws up a significant hurdle for the lawsuit filed last week in federal court by 13 state attorneys -- all but one a Republican. The Virginia attorney general filed a similar, but separate suit.

LOL @ conservative Justices throwing a monkey wrench in the works of Obamacare-fighting Republicans

[Mr. Big Dog 10,747]

Florida Attorney General Bill McCollum ...

...couldn't even beat a crook in the GOP primary. Thanks to Bill and the tea party crazies, we're likely to have a Democrat governor in FL.

The mandate should be rendered null and void, because it requires purchasing a product from private companies, thus effectively guaranteeing their shareholders a profit from government legislation. I have a distinct problem with that aspect.

So, you're opposing the defense budget? Same thing, essentially. Null and void?

[one...two...tree 2,762]

The mandate should be rendered null and void, because it requires purchasing a product from private companies, thus effectively guaranteeing their shareholders a profit from government legislation. I have a distinct problem with that aspect.

The only way to validate such a mandate is through a single payer system, but we don't have that (and likely will never get there). Having this administration basically guarantee that private companies, by dint of their lobbying power, make a profit from private citizens under penalty, is wrong. More than that, it is open to serious abuse, especially since insurance premiums are being hiked out of all proportion to inflation, in the absence of the price controls that never made it into the final Bill.

Purchasing auto insurance is a requirement in all but two states, for one. Second, there are non-profit health insurance companies that exist. But again, if you are to accept Justice Scalia's statement that all commerce is well within the scope of Congress to regulate, that includes healthcare. Everyone is a consumer of the healthcare system already, so a requirement that everyone pay for it is more than reasonable.

Edited October 15, 2010 by El Buscador

[Mr. Big Dog 10,747]

Purchasing auto insurance is a requirement in all but two states, for one. Second, there are non-profit health insurance companies that exist. But again, if you are to accept Justice Scalia's statement that all commerce is well within the scope of Congress to regulate, that includes healthcare. Everyone is a consumer of the healthcare system already, so a requirement that everyone pay for it is more than reasonable.

Yup. Add to that the fact that everyone will receive medical care - the ER cannot turn you away. And those that actually take personal responsibility today and cover their health care with insurance end up footing that bill. ** those that have enjoyed a free ride on my dime for far too long..

Edited October 15, 2010 by Mr. Big Dog

[mawilson 2,133]

** those that have enjoyed a free ride on my dine for far too long..

Now I feel hungry.

[Obama 2012 1,714]

Purchasing auto insurance is a requirement in all but two states, for one. Second, there are non-profit health insurance companies that exist. But again, if you are to accept Justice Scalia's statement that all commerce is well within the scope of Congress to regulate, that includes healthcare. Everyone is a consumer of the healthcare system already, so a requirement that everyone pay for it is more than reasonable.

Error, try again.

[Mr. Big Dog 10,747]

Now I feel hungry.

oops.

[I AM NOT THAT GUY 5,715]

Purchasing auto insurance is a requirement in all but two states, for one. Second, there are non-profit health insurance companies that exist. But again, if you are to accept Justice Scalia's statement that all commerce is well within the scope of Congress to regulate, that includes healthcare. Everyone is a consumer of the healthcare system already, so a requirement that everyone pay for it is more than reasonable.

I think you need to reread Scalia's comments as being out of context, and tongue in cheek. Here is Sacalia's concurring opinion in the 2005 case that AJ cites:

http://www.law.cornell.edu/supct/html/03-1454.ZC.html

The difference here, is that the question was whether or not states could limit Federal law enforcement prerogatives, not whether Federal government can issue individual mandates and require the states administer them.

Edited October 16, 2010 by ##########

[Pooky 3,825]

So, you're opposing the defense budget? Same thing, essentially. Null and void?

Same thing? Not at all.

[Pooky 3,825]

Purchasing auto insurance is a requirement in all but two states, for one. Second, there are non-profit health insurance companies that exist. But again, if you are to accept Justice Scalia's statement that all commerce is well within the scope of Congress to regulate, that includes healthcare. Everyone is a consumer of the healthcare system already, so a requirement that everyone pay for it is more than reasonable.

Apples and cheese. I have the choice not to purchase car insurance by not driving a car. If the government mandated that I needed car insurance regardless of whether I drove a car or not, then it would be comparable.

Thing is, you're trying to make out that I'm against healthcare, because you can't comprehend that someone as avidly opposed to this Bill can still be a proponent of universal healthcare in the USA. Open your eyes. This Bill is massively flawed, you can't get around that. My problem is that this Administration caved to the insurance lobby and now is mandating that private citizens basically underwrite their profit margins. 20% of what we pay in premiums is lost from the healthcare system. This money should stay in the system.

Healthcare should be about health, not profit.

[one...two...tree 2,762]

Apples and cheese. I have the choice not to purchase car insurance by not driving a car. If the government mandated that I needed car insurance regardless of whether I drove a car or not, then it would be comparable.

Thing is, you're trying to make out that I'm against healthcare, because you can't comprehend that someone as avidly opposed to this Bill can still be a proponent of universal healthcare in the USA. Open your eyes. This Bill is massively flawed, you can't get around that. My problem is that this Administration caved to the insurance lobby and now is mandating that private citizens basically underwrite their profit margins. 20% of what we pay in premiums is lost from the healthcare system. This money should stay in the system.

Healthcare should be about health, not profit.

Healthcare is NOT an option. If you have a heart attack while dining at your favorite restaurant, an ambulance will be called and take you to the emergency room, no questions asked. We are all consumers of healthcare - there's no way around that fact.

As for the Affordable Health Care Act itself - it is far from perfect but better than what we had before. Universal healthcare will not be a possibility any time soon in this country unfortunately because of the influence that powerful lobbyists have in Washington. This is a good step in the right direction and most Americans will embrace it once it is fully implemented in the next several years.

[I AM NOT THAT GUY 5,715]

Healthcare is NOT an option. If you have a heart attack while dining at your favorite restaurant, an ambulance will be called and take you to the emergency room, no questions asked. We are all consumers of healthcare - there's no way around that fact.

Not quite true. The patient can always refuse care, and they often do, when paramedics arrive. As far as emergency rooms, they are only under obligation to stabilize your condition. After that, if you don't have insurance, they will refer you to an outside specialist,who may, or may not treat you, and you are on your own. They won't even give you a ride back to where the ambulance picked you up, and they will hound you for the $40,000 plus ER bill until the day you die.

[Mr. Big Dog 10,747]

Same thing? Not at all.

Of course it is. You're forced to cough up tax dollars to make the MIC and it's profiteers fatter. It's not like you can opt out of that scheme.