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[NYT] Health Care Law Ruled Unconstitutional

Discussion in 'BBS Hangout: Debate & Discussion' started by shastarocket, Dec 13, 2010.

  1. shastarocket

    shastarocket Member

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    Read the rest here:
    http://www.nytimes.com/2010/12/14/health/policy/14health.html?_r=1&hp
     
  2. Invisible Fan

    Invisible Fan Member

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    It'll be interesting to see how the Roberts court handles this one...
     
  3. Commodore

    Commodore Member

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    Bingo.

    If they can make you buy health insurance, they can make you buy anything.
     
  4. Rocketman95

    Rocketman95 Hangout Boy

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    why does that work for health insurance, but not auto insurance?
     
  5. Commodore

    Commodore Member

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    You can be a citizen and not own car insurance (plenty of people don't own a vehicle). Not the same with this law.

    Also, the auto insurance requirement is for liability, not for your personal vehicle. So the analogy fails there as well.
     
  6. Cannonball

    Cannonball Member

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    Without that provision, you can't reasonably keep the part of the bill that prevents insurance companies from denying coverage for pre-existing conditions. Hooray!
     
  7. juicystream

    juicystream Member

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    I agree with that decision.
     
  8. JuanValdez

    JuanValdez Member

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    You knew when it passed that eventually the SC would have to give the thumbs up or down on it. Can we fast-track this thing on the judiciary process, given the inevitability?
     
  9. JeopardE

    JeopardE Member

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    Single-payer is really the only solution. This business of profiting and racketeering on the lives of human beings needs to end. I know conservatives disagree, but I just find the current state of things, even with the new HCR, incredibly immoral.
     
  10. Commodore

    Commodore Member

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    Without the profit motive, there is no incentive to reduce costs.

    Racketeering is still a crime.
     
  11. mc mark

    mc mark Member

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    A bush appointee that has openly been hostile to the new law; this ruling by this "judge" was not unexpected. Two other judges have upheld the law so I have full expectation that this ruling will be overturned on appeal.
     
  12. rockbox

    rockbox Around before clutchcity.com

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    There is plenty of profit motive with a single payer system. Just not for the insurance companies who provide no value add to the medical system.
     
  13. Pushkin

    Pushkin Member

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    From the little I read about the decision I think it is the difference between state law and federal law, with the commerce clause's implications of constitutionality. It is possible this judge would have said it was acceptable for a state to require health insurance.

    I think the liability insurance requirement is mandated by the states. However, I think the states may mandate liability insurance because the feds require it before the feds disburse highway money.

    This could be an interesting case for the commerce clause.
     
  14. Rocket River

    Rocket River Member

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    Like Car Insurance

    Rocket River
     
  15. twhy77

    twhy77 Member

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    Auto insurance is governed by state law.
     
  16. basso

    basso Member
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    you're under no obligation to buy car insurance unless you own a car. the analogy doesn't even extend to driving, as one can rent a car and decline all insurance, so long as you're willing to assume liability.
     
  17. GladiatoRowdy

    GladiatoRowdy Member

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    AS soon as we can force people who don't buy health insurance to assume liability for their health care costs (IE, no requirement for an ER to treat someone who can't pay), then you will have a point.
     
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  18. Rashmon

    Rashmon Member

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    If we had any other Supreme Court other than Roberts, Scalia, and Uncle Thomas, this decision by a partisan district judge wouldn't bother me too much.
     
  19. JuanValdez

    JuanValdez Member

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    I'm sure every federal judge in the country already has an opinion on HCR. That this judge was already right-leaning and hostile to HCR doesn't in itself make his decision less legitimate than those of the two who upheld the law. It has the same force anyway. And, we probably shouldn't expect any less bias from the higher-ups either.
     
  20. Bandwagoner

    Bandwagoner Member

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    So if I ride my bike to work can I be exempt from the health insurance fines?
     
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