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But another judge wiggled over to a completely different spot. In November, U.S. District Judge Norman K. Moon, a 1997 Clinton appointee now sitting with senior status in the Western District of Virginia, ruled the Act constitutional because it involves activity. Moon wrote: "Regardless of whether one relies on an insurance policy, one's savings, or the backstop of free or reduced-cost emergency room services, one has made a choice regarding the method of payment for the health care services one expects to receive. Far from 'inactivity,' by choosing to forgo insurance, Plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance." One of these veteran judges, of course, will in turn be judged dead wrong by the United States Supreme Court.Do not worry out there. I am sure that the supreme court will vote along party lines without regard to what is written in the constitution. As the lower courts have done so will they. I have also read through many of the comments here and see the same thyme going through all. I do get a laugh out of the comments when they mention that they are working for a large business but then never mention the businesses name. Have seen that so many times. Just words with nothing to back them up. Oh well. The next two years in Washington will be interesting.
February 02 2011 at 10:05 PM Report abuse Permalink +11 rate up rate down Reply.for forty five years I paid into Blue Cross and blue shield, last month I was forced to get a Medicare card (I also had medicare taken out of my earnings). I did not want Medicare because I heard the doctors don't take medicare patients or give the same kind of care so today I have two health care plans, BCBS and Medicare which costs me an extra 155.00 a month. This is madness why can't Medicare be voluntary. If you hit 65 and have no insurance then you pay the 155.00 and leave everyone else alone.
February 02 2011 at 9:56 PM Report abuse Permalink -13 rate up rate down ReplyThere are so many great things in the Health Reform Bill. Why are the republicans using every method to try to overturn it. They seem to be totally beholden to the health insurance industry.
February 02 2011 at 7:22 PM Report abuse Permalink +10 rate up rate down Replyklovepr9:41 AM Feb 2, 2011 Oh now that's really funny. Obama has been in office for TWO YEARS and spent trillions of dollars creating "shovel ready jobs," yet you expect the Republicans to do it in a month? Have you noticed how the stock market has jumped since they took over in January? The jobs are coming you dole...............................If anything is funny it is this lame excuse of a post of yours. First off what proof do you have that trillions of dollars hace been spent on shovel ready jobs? Your source please? And with the republicans in the senate blocking every piece of positive jobs legislation this president and the US house has already passed how was any money spent at all let along trillions? An wasn't it Boehner who went around all summer hollering where are the jobs? Then he campaigned on jobs jobs jobs. This would be his congresses number 1 priority. We will focus on this like a lazor. Four weeks later still no jobs or mention of them. All they are doing is trying to undo legislation that has already been done knowing fool well that it is a lost cause and doing this to deflect from the fact that they have no ideas about jobs creation or anything else. So spin alll you want but the only thing funny is your post.
February 02 2011 at 5:47 PM Report abuse Permalink +5 rate up rate down ReplyI work for one of the largest non-government employers in the US. I took this part time job in order to get a better track to a full time job in the company. I just got on the internal job postings and found 286 jobs available - only two were full time. The rest vary between 15-20 hours a week. Why - according to one HR rep, the company cannot afford the cost associated with what is coming down the pike for health care and taxes when it comes to expanding and hiring full time employees. They feel they are better off with part-timers. Thanks a lot Barry.
February 02 2011 at 4:43 PM Report abuse Permalink -11 rate up rate down ReplyThis is true. A company does not have to offer any benefits for part time. They can list you as temp or part time for as long as they like and you could even get called in to work more the 40 hours a week but as long as you are listed as part time they do not have to meet full time requirements. This bill will cause many companies to use this method or even goes as far as to divide the corporation into smaller corporations with so many people per corporation.to get under the 50 person limit this bill has .
February 02 2011 at 5:06 PM Report abuse Permalink -12 rate up rate down ReplyThe Founding Fathers declared that we are "endowed with unalienable rights, among them are Life, Liberty and the pursuit of Happiness." (1) There is no question that in order to have life we must have health. Yet there has been only limited constitutional language specific to this right. The "cruel and unusual punishment" clause of the 8th Amendment to the Constitution has been interpreted by the Supreme Court to require prisoners, as part of their humane treatment during detention, to be guaranteed the right to health care. (2) Currently prisoners are the only group who are specifically granted the right to health care. It is probable that the founders of our country, if they could have predicted the importance of health care, would have granted that the same standard of humane treatment be extended to every citizen.
February 02 2011 at 4:07 PM Report abuse Permalink -4 rate up rate down ReplyYou must have found the Constitutional right to health care in the same penumbras and emanations as the Supreme Court in Roe v. Wade.
February 02 2011 at 5:32 PM Report abuse Permalink +2 rate up rate down ReplyThe score card means nothing. It does not matter if the supreme court has to rule on one appeal or all four. Their out come will apply to all appeals ans any future actions. The findings of the US supreme court are final. This bill will be repealed for being unconstitutional.You can not force all people and or companies to buy into anything. Those that compare it to car insurance are wrong. You do not have to have car insurance until you decide to register and drive a car on public streets. This states you have to have healthcare insurance just for breathing and it does not matter if you can afford it or not.This bill is a natural job killer.Example: My company can not afford to provide healthcare insurance the costs would put the company out of business. This company will now be penalized for not offering coverage. The company now lays off more people to cover that cost. Fact it is cheaper for a company to work with less employees and pay overtime then it is to add workers.
February 02 2011 at 1:26 PM Report abuse Permalink -10 rate up rate down ReplyThe Federal Government told the southern state they couldn't have slaves. The federal government told individual they must send their children to school. Now the federal Government is telling the people to get health insurance.
February 02 2011 at 1:03 PM Report abuse Permalink -4 rate up rate down ReplyJust you wait! This abomination of a "LAW" will be declared Un-Constitutional! Why? Because the Supreme Court will say so in a 6-4 decision! One of those ladies will seek out the truth of our Great Constitution!
February 02 2011 at 12:11 PM Report abuse Permalink -5 rate up rate down ReplyTwo years ago Obama verbally attacks a Supreme Court that is essentially defenseless. Wow, that takes a lot of courage Mr. President, what goes around comes around. I predict the vote will be 7-2.
February 02 2011 at 3:48 PM Report abuse Permalink -12 rate up rate down ReplyWell, lets get it right. Some 8 courts dismissed out of hand, and 4 went on to rule. So its not 2 vs 2. Its only 2 v 2 when an opinion was issued. As usual, the so called conservatives ignore reality for theory. People do not choose whether to see the Doctor, when they are sick. They go. And that's commerce. Its nonsense to compare health care with french fries, and the judge that did so, lacks intellectual honesty and rigor. This is about cost shifting. No one can pay for health care our of pocket unless you're an investment banker. So, the issue is how to pay for it. People will not stay home and chose not to go to the hospital or the Doctor. And if they cannot pay, then someone else does, usually the tax payer. To say that this is compelling people to pay for something they don't want is ludicrous. This is forcing people to participate in health care coverage and not allowing them to shift cost to the taxpayer.
February 02 2011 at 12:04 PM Report abuse Permalink -18 rate up rate down ReplyThis bill does nothing to address the problems that cause it to be non affordable. Why should a family be forced to pay 600.00 or more a month for something they may never use, and prevent them from providing a nice home to raise their children, prevent people from buying a new car since they will not be able to afford all the payments, not being able to take a vacation at the sure like their parents did for them. Make this crap affordable and you would not have to make a mandate. 200.00 per month or less. So go back to work and when you meet that demand by the people then come and talk to us.
February 02 2011 at 12:33 PM Report abuse Permalink -12 rate up rate down ReplyFollow Politics Daily
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