Can ObamaCare Be Stopped….And If Not, What Is Our Future?

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Law Professor Richard Esenberg writes about the the legal challenges coming against ObamaCare, whether those challenges can stop it, and why this bill is so dangerous.:

Still, the individual mandate may be different. Professor Barnett writes that “[w]hile Congress has used its taxing power to fund Social Security and Medicare, never before has it used its commerce power to mandate that an individual person engage in an economic transaction with a private company.” It’s one thing to be subject to regulation because you are providing for yourself what you would otherwise buy in an interstate market. It’s quite another thing to argue that, because your refusal to consume a product may affect interstate commerce (if the young and healthy do not insure, the old and sick will have to pay more), you can be made to buy it.

Some scholars and lawyers prefer to emphasize Congress’ authority to tax and spend to promote the general welfare. Jack Balkin, for example, thinks that this makes the case for the constitutionality of the individual mandate “easy.” For Professor Balkin, there is no need to construct Rube Goldberg-like scenarios of commercial impact. “The government can make you pay taxes,” he says. Because the failure to insure will result in a tax (as opposed, I guess, to a stint in Leavenworth), there is nothing to see here.

Perhaps not. There is certainly case law that, while not mandating that conclusion, provides some substantial support. But it ought not to be that easy. The power to tax is, the power to destroy. While taxes may have a regulatory purpose, there should be some limitation on the ability of Congress to accomplish by taxation is there truly no limitation on Congress’ ability to coerce through taxation what it cannot do through regulation? Should Congress really be able to take, as is the case here, up to two percent of a person’s income because she has failed to do what Congress cannot compel her to do? Does a fine become permissible as long as it is connected through the Internal Revenue Service?

Without getting into the doctrinal ins and outs, this should not – and might not be -as easy as my old law review colleague believes it to be. There may yet be room to argue that Congress’ enumerated powers impose some limit on its power to tax, particularly when the tax is imposed in an effort to coerce certain behavior or to penalize a failure to act. Were I to wager on the question (which may turn out to be an exercise in reading the mind of Anthony Kennedy), I would expect the Court to uphold the individual mandate. But the day that it does will be a tragic one for the Republic.

The reason will not be the survival of ObamaCare. It is, I think, a poorly conceived proposal that will do more harm than good. As written, it seems likely to fail and, if not abandoned, may well lead to a single payer system. But we have survived worse.

It will be tragic because the notion of a Congress limited by the scope of its enumerated powers will have finally suffered the coup de grace. The Bill of Rights (once famously – and now ironically – thought to be unnecessary given the structural limits on the power of the national government) will become the only limitation on the power of Congress. If Congress can require you to buy health insurance because of the ways in which your uncovered existence effects interstate commerce or because it can tax you in an effort to force you to do anything old thing it wants you to, it is hard to see what – save some other constitutional restriction – it cannot require you to do – or prohibit you from doing.

I appreciate that many people – including most of my colleagues in the legal academy – see nothing wrong with this. There are, to be sure, still political constraints on Congress. Even if Congress can ration trips to McDonalds, it won’t.

The extent to which you are comfortable with this may turn on the extent to which you are comfortable with the centralization of authority and, in a world in which Congressional enactments are increasingly delegations of authority to bureaucrats, your confidence in the capacity of experts to “get it right.”

Tom Maguire asks, where will it stop?

Since the topic is health, suppose the government legislated that all of us must submit to semi-annual weigh-ins, with testing for nicotine use and illegal drugs, subject to an income tax penalty for declining the test. Suppose the Congress also mandated that we must sign a “Consent to Search” form allowing the Food Police to conduct snap inspections of our kitchens, in a zealous quest for excess butter and ice cream.

Oh, but that would never happen right?

Yeah, just like we thought the government would ever be allowed to FORCE us to buy something…or else.

But either way, whether it survives the legal challenges or not, this bill will be a war for decades to come. The debate is not stopped. Every year we will have one funding crisis after another. Every year we will be taxed more and more. What will we become if this does survive?

We only have to look at Great Britain to get a glimpse of the future. The National Health Service—socialized medicine—was created in 1946 and touted as the envy of the world. It’s been a contentious issue ever since. Its cost and coverage are perennial subjects of debate. The press, especially England’s most popular newspaper, The Daily Mail, feasts on reports of long waiting periods, dirty hospitals, botched care and denied access to treatments.

A Conservative member of the European Parliament, Daniel Hannan, last year in an interview on Fox News denounced the NHS as a “60-year mistake,” declaring he “wouldn’t wish it on anybody.” As prime minister, Margaret Thatcher bravely cut NHS spending in the 1980s, but current Tory leaders regard criticism of the NHS as too risky. “The Conservative Party stands four square behind the NHS,” its leader, David Cameron, said in response to Mr. Hannan.

House Speaker Nancy Pelosi believes ObamaCare would have a more congenial fate—that it will become as popular as Social Security and Medicare with voters. She’s kidding herself. Social Security and Medicare were popular from the start and passed with bipartisan support. ObamaCare is unpopular and partisan. It’s extremely controversial. Its passage is far more likely to spark a political explosion than a wave of acceptance.

What have the Democrats brought upon us? They don’t know and they don’t care. As the funding crisis worsens the lies about more benefits while costing less will be spotlighted. The lies that the state Medicaid programs will flow smoothly even if 30 million new people are added to the rolls will be spotlighted. The lie that it will cost only 900 billion or so over 10 years will be spotlighted.

The Democrats have created a new entitlement as our economy is sinking.

This should answer just how irresponsible they can be. Doesn’t matter what it costs, what it does to our economy, what it does to the republic. All that matters is retaining power, and they think that giving people free stuff on the backs of others will keep them in power.

Question is, are they right?

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Interesting article appearing in Chicago Tribune (shock!)
“Act II: Slaying the Health Care Legislation”
“The question with the passage Sunday of Democratic health
legislation now becomes: Who will arrive first to slay this monster,
the voters in November or the U.S. Supreme Court?”
http://www.chicagotribune.com/news/opinion/ct-oped-0323-byrne-20100323,0,2003916.story

The author offers that precedent was established when the courts struck down major components of FDR’S New Deal.

Interesting, quick read.

I have two questions for your group. I hope you don’t mind but you do
sound knowledgeable.

#1 If you refuse to buy OBAMACARE you are to be fined.
If you further refuse to cooperate with this ungodly president
the IRS Man is to come to you.
WHAT DOES THE IRS MAN DO TO YOU?

#2 According to OBAMA’s Great (???) plan, the federal government
will pick up the tab for:
a) Everyone who works in the Whitehouse.
b( The Senators and their families.
c) The Representativs and their families.
d) Numerous Aides for Senators and Representatives
and their families.
Now we understand that the Declaration Of Independence states

“…..THAT ALL MEN ARE CREATED EQUAL….”

The DECLARATION OF INDEPENDENCE IS/WAS AN EXTRAORDINARY
DOCUMENT! IT IS THE DOCUMENT FROM WHICH OUR WONDERFUL
CONSTITUTION WAS CREATED…it was actually a history of our nation
at the time and proclaimed what the Founding Fathers wented forevermore.
It is what “….WE THE PEOPLE WANT FOREVERMORE…..!” I KNOW I DO!

Which brings me back to my silly question…Why can’t I and my family
have the same deal that OBAMA is offering his friends and co-workers?

Now if I have too much to say, will the IRS man throw me into jail/prison?
Will TIM GEITNER and TOM DASCHLE and a host of other friends of
OBAMA be in there with me? I truly believe that it would be a travesty
to arrest me if he never saw anything wrong with his collegues buddies
being rewarded with great jobs for not paying their taxes/fines.

tess, as one person’s answer to your questions:

#1 If you refuse to buy OBAMACARE you are to be fined. If you further refuse to cooperate with this ungodly president the IRS Man is to come to you.

WHAT DOES THE IRS MAN DO TO YOU?

When you throw enforcement to the IRS jurisdiction, it is the same as if you didn’t pay your income taxes. They can do garnishing of wages to attaching a lien to your real estate assets that are #1 in line ahead of your primary lender. Generally they take about 3 years for the latter, but the lien and harassment can commence prior to that.

Don’t know if there is a “question” in your #2.

MataHarley, are you really that anal or is this just another liberal’s eloquent way of diverting reality? The answer is all the above except the one at the end of the story gets the shaft!!

I have a question about Obamacare., If 26 year old children will now be covered under their parents health insurance, who pays the premium? Does the premium stay the same? Does the employer pick up the tab? Does the insurance companies absorb the added costs?

not-so-common-sense, what the heck are you referring to? tess’ #1 question was legit. Howver the IRS does not race to arrest you because they can’t collect… they just pay out if you’re in jail. That’s a fallacy many labor under.

#2 was rhetorical. We all know why we can’t have what the elected elistists have.

so what’s your point?

As both the Executive and Legislative branches of government have by and large ignored the Law of the Land it will be up to the individual States and the Judicial branch to take this Illegal and Un-Constitutional bundle of crap to the curb. Both branches of Our Government have utterly and totally failed America with this scam. This is overreach and abuse of power at base level. See the 10th Amendment for details. The Commerce Clause in no way allows for this nonsense. The Constitution does bestow this authority on any branch of Government at State, Federal or local level.

The phrase: Rope, Tree, Politician comes to mind. Pitchforks and Torches come to mind as well with tar and feathers applied liberally to these arrogant criminals as Due Process.

In the meanwhile it is up to the American Voters to raise hell about this tyranny and vote out every single fool in office that voted for it, took payoffs for votes and did not stop this bad bill from becoming law. There is no excuse for this act of treason or any need for a Socialist Program that is not affordable, is not reform in any sense and is destructive and non-constructive for the Citizens that depend on MEDICARE Services that have been bought and paid for. The Law contains no Tort Reform, only a hideous cost and a layer of bureaucracy that is simply unnecessary and unaffordable.

The IRS is well known for draconian efforts and it’s ability to separate you, the taxpayer from assets, resources and act like the class bully in a three piece suit at their whim and your expense. Seizures of Assets, Tax Liens on Property all manner of other mischief are within their venue. The cost to fight them in court is always a King’s Ransom and can go on for years. They are Not Your Friend.

(What the devil is with the smiley doodads here?)

You all need to be defending the Home Front more aggressively from these Enemies of the Republic!

Take Care FA Pardners and Stop this Treason!

MATA i have basic dow ,i can copie it for you …come back?

This monstrosity of legislation is just another reason to move one’s business out of the United States.

God knows under these conditions I wouldn’t open a business in this socialist nightmare. 👿

hi OT2 i see you are very angry too it must be morning for you right now so good day to you and 🙄 goodnight to me.

ilovebeeswarzone, bright and early here on the wrong side of the world. Another day ahead. 06:20 Hrs and 49F. High of 76 expected here today.

I have some NATO visitors due in today for a mind bending session. They call it a briefing. I call it something else. A lot of expectations on their part. If they could send more troops it would be taken more seriously on my end. So far they are all hat and not much cattle. Just doing more with less here but they are impressed so it is working.

“THESE are the times that try Men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated. Britain, with an army to enforce her tyranny, has declared that she has a right (not only to TAX) but “to BIND us in ALL CASES WHATSOEVER” and if being bound in that manner, is not slavery, then is there not such a thing as slavery upon earth. Even the expression is impious; for so unlimited a power can belong only to God.”

Tom Paine

I’m standing tall here.

Good Night and Take Care!

The route that the IRS must take if you don’t pay you insurance premium is a fine. If you don’t pay your fine it specifically states that you cannot be arrested or put in jail for nonpayment. It says that you cannot have your property taken or a lien placed against it or your wages garnished. It is not clear how the IRS will enforce this mandate. Unless they hire all new non IRS trained people, there is going to be some big problems. Enforcement IRS agents carry firearms. How do they NOT arrest or jail you?

Based on what you’ve written Inspectorudy, that is a major mistake by the writers of the bill. If the GOP is smart, they should exploit it by denying via filibusters to stop the IRS from getting that power/funding to do it.

C’mon all you malcontents, just pay up. After all “This is a big fucking deal!!”

(do I really need to///?)

By the way, the MSM is already saying the GOP will fail in Noember….the propaganda war has started.

This health care thing is insane. It is unconstitutional, unworkable, and they do not have any money to pay for this. We do not need it, do not want it, and we will not stand for it and we will not acquiesce to it, and we will not cooperate with it. WE CANNOT! We do not want socialized medicine! This is a violation of our civil rights and it will not, cannot stand.

These criminals should all be impeached and run out of town. They do not realize what a sleeping giant they have awakened. They will soon find out. I am ready for them. Numerous states are already suing the feds over this. Then there is the Supreme Court. Then there are the people to be heard from. Their voices are exploding over the Internet.

Economically this whole thing is out of the question. We could not afford it even if we wanted it. There is NO MONEY FOR THIS! THERE NEVER WILL BE! There will be rationing of health care. The freeloaders are all jubilant over the passage of this montrous plot, but they have had their reward and will get theirs in the end.

What have we become, a nation of sheep? Of cattle? We cannot let them screw us like this! To hell with this “New World Order” BS! We know what sort of bleak future they “plan” for us. To hell with their plans! Let’s make our own plans! It will be a far, far better world when these evil bastards are gone permanently from this earth. There ain’t enough room on this planet for the both of us!

They won’t stop with “health care,” guys! They are going to “microchip” you eventually. They are going to invade every aspect of your life! They are shooting for ABSOLUTE CONTROL over every aspect of your life. THAT IS THEIR ULTIMATE GOAL! You will have NO SECRECY from Big Brother. They will know EVERYTHING about you, your health, everything. Your money will all be digitized and if you get out of line, they will empty your bank account. You won’t be able to buy food or anything! CIVIL DISOBEDIENCE WILL BE IMPOSSIBLE! THEY CAN TURN YOU INTO A NON-PERSON!

Watch the (late) Aaron Russo video (8 parts on You Tube) if you don’t believe me:

Our Founding Fathers could not have foreseen this abuse of technology, but they certainly understood the nature of tyranny and they warned us in every way that they knew how not to fall for the “sops” and other temptations like “free health care” BS.

Anybody wants to talk more, visit my blog where I talk a lot more about this and I have many great links to back up what I say @: http://the-gimlet-eye.livejournal.com/

The route that the IRS must take if you don’t pay you insurance premium is a fine. If you don’t pay your fine it specifically states that you cannot be arrested or put in jail for nonpayment. It says that you cannot have your property taken or a lien placed against it or your wages garnished.

Well, Inspector Rudy, that would be very interesting to read. However I see no where in HR 3590 where the IRS Code is altered that if you do not pay fines and penalties, they cannot enforce that in the usual IRS manner of liens and/or garnishment of wages. What you suggest is a specific rewriting of tax codes as it pertains to this. And I’ve been all thru this bill and see no such language.

Perhaps you will tell us on what page of the 2409 piece of crap that is now law we can find this?

As far as arrests, ultimately you can be jailed. Not directly for deliberately remaining uninsured, but for the resulting evasion of payment for IRS liens. Has worked quite well in the past.

A true nightmare, AZ sen. said if Obamacare went through the state would go bankrupt, others to follow.

We are about to see a Civil War fought on paper by the states…. The States Vs. Obama…

@ilovebeeswarzone: That is a very kind offer, Ms. Bees… but somehow I can’t see myself getting revved up over reading a book on Dow Theory. But I do thank you. I’m assuming this is somehow related to rich wheeler and the “thread that shall not be named”? LOL

How about the Equal Protection clause.? The fact that Congressmen are not subject to the “reform” sounds like a violation to me.

“You should have the same healthcare senators do” Sure, just we have to pay for it. HA!

It can’t be stopped, any more than Social Security or Medicare could have been.

Well hes targeting the wrong generation to F* with. Don’t mess with the AARP generation aka boomers and older. They aren’t like the young who have a “whatever” attitude. Keep messing with there Medicare and Social security and the last great generation will take it to the streets again with slogans like “Shut up and go to your room”. I’m starting to see that here where I am they are starting to organize.

Hello, Is this not the beast: The Leviathan?

Empirical proof of the Higgs thesis.

We’ve arrived. They tyranny is here. Our republic, endlessly touted as a democracy, has now degraded to an oligarchy. rapidly accelerating to a tyrannical monarchy. King Hussein Barry Soetoro, and his court: Prince Harry, Princess Nancy, et al. Right down to the court jesters: Bin Biden, and Bawney Fwanks. Thanks Curt. for using that enlightening John Marshall quote

The power to tax, is the power to destroy

My father used to throw that quote out to me, perhaps a million times. One of the most important quotes in history.

And, the Leviathan does what it does. Hence, this government expansion is not at all coincidental. What better crisis than this “health care” issue? What’s really creepy is the thought, that: As this is post is composed, the Beast also has its eyes on this internet. And, those who might dissent. Our constitution, and all who embrace it, are in real danger here.

Wake up call.

What’s really creepy is the thought, that: As this is post is composed, the Beast also has its eyes on this internet. And, those who might dissent. Our constitution, and all who embrace it, are in real danger here.

And apparently any bad thought about President Obama is considered dissent in his eyes and those of his Obamatons. Either you like him or he hates you… Free thoughts going out the window.

Hes got his list, his list with names *cough* McCarthy *cough* and the witch hunts begin. YOU’RE A WITCH!

MATA may i had that it not a book but numbers and years and names,bye

I have MANY reservations about this system ever working. I know I will oppose it. But I would like one small thing to be done, if it is to become the Law of the land. I want to see annual or even semi-annual check ups for the downtrodden that have to subsist on Section 8, welfare, food stamps, DEFACS, and all the other support programs; and if at anytime they show ANY indication of narcotics use, alcohol abuse, STDs, or other poor choices in proper health maintenance, they loose the support payments and have to find their own gainful employment.
Over the years I have personally given many people, help. But I will not repeat the gift, when they squander it foolishly. The situation must be addressed as a Parent/child relationship. If you need my help, you will also receive my suggestions for getting yourself out of the situation you are in. If you choose not to follow my suggestions, don’t come back for more help. This is not Racist, Sexist, or anti-social. This is how you build a Community of responsible people that raise the potential for the Community to be successful and grow in positive directions.

you know, as this win end has developed ,he only wanted the end win… no matter how his side of the party would loose their jobs or even if the majority of AMERICANS refused it as clear as it was… even if the errors in the thousands of pages would bring conflict in the whole country,even if he surely was aware of breaking the rules of the CONSTITUTION,,,he repeated I WON again so it was only to win,nothing else.

Who wins?
Labor unions (specifically, the SEIU). All health care employees will be obliged to join the SEIU, and their dues will go to support Social Democrats. Republicans need not apply.
Non-employed persons, who will have one more government entitlement. Why work when you don’t have to work?

Who loses?
All employees in the private sector, whose benefits will decrease and whose taxes will rise.
All persons with assets. Say goodbye to your investments, as they will disappear in the coming hyper-inflation.
All Senior Citizens, who will discover sooner or later that a Death Panel will cut off all future medical care (at least according to Prof Robert Reich, who should know).

Alas that I have seen this pattern before, in fiction as well as history. See J.R.R. Tolkien, The Return of the King, the return of the hobbits to The Shire.

Do yourselves a favor. Go read The Declaration of Independence again, and determine for yourself whether the depredations imposed by the British Crown on the Colonies are being repeated.

And then respond appropriately.

Wooden Horse-AMEN. There would be so many failing the test, it would revive the economy in about 5 seconds. No more budget deficit.

Mata, I saw the part about the IRS on Fox where they had a couple of staffers from the Hill talking about the consequences if one did not buy insurance. They actually put it on the screen in quotes and said that the language like ALL of the unwritten language and rules of operation by the new bureaucrats has not been firmed up yet. It makes sense in a way because if only 10% of the population decides to NOT buy the mandated insurance then jail could not be an option unless “Camps” were set up across the fruited plains because the numbers would be too large to jail all of the offenders.

Hillbuzz is formulating a strategy to get to the major Dem donors. Apparently Sarah Palin is targeting some specific Dems too. There’s a lot more than this post over there about this measure. The threads over at Hillbuzz are a must read:

http://hillbuzz.org/2010/03/24/who-are-the-20-leftists-sarah-palin-is-targeting-and-how-can-we-help-her/

Seems doubtful you can ever remove an entitlement, short of bankrupting the country. The requirement to buy insurance seems the only aspect that might not survive a court challenge, but consider the alternative – if it fails, the government can just roll out the single-payer plan they wanted all along, and accomplish the same effect.

The Democrats continue to hammer the dwindling pool of high earners and savers to pay for their plans. Ultimately this will be self-defeating, as those people won’t work for nothing. The economic activity will move out of the country where possible, or underground for those willing to break the law, or simply cease for those who can afford to retire from the rat race. Once a uniform mediocrity is achieved, how will they pay for programs without beginning to hit farther and farther below the belt? Apparently recognizing this, the new punitive taxes aren’t indexed to inflation to create another AMT-like monster that won’t be noticed by the average guy until well after the current officials are out of office or dead.

US top tax rates will be higher than those in Canada, once state/province income taxes are included. It will make sense for high-income or high-net-worth individuals to move there. It’ll save them money and unlike in the US, they’ll actually be covered by the system they’re paying for rather than excluded from it.

P.S. since all of their entitlement ticking bombs are going to blow up one by one over the coming decade or three, I almost want the Democrats to remain in charge, so everyone can see that there is no one else to blame for the mess. You broke it, you bought it. Only when the socialism implodes will the MSM and the average zombie voter finally get it that there isn’t a pile of free loot just waiting to be redistributed, that someone actually has to produce things, someone has to save and invest for the future to have any capital infrastructure.

So, you lost on the substance and you lost on the process and now you want to litigate. That pretty much sums it up, eh? Lol.

This bill stipulates that “Free preventative care for all” must be provided.

Who is endentured to provide this?

Where in the Constitution does it allow for one man to be forced to serve another for free? I thought we did away with slavery.

If we can be forced to provide free preventative care for all what else we be mandated to provide without compensation? Can we be mandated to work for two weeks a year for nothing?

This cannot possibly be Constitutional.

@Dirty

Yup. We learned it from the Gay-marriage folks. Thanks for the lesson.

Free preventative care, hmm. What does that cover? Sex ed to prevent STDs? Foot checks for diabetics? There’s a deep-seated belief in health professions, that if only we could get those patients soon enough, before they are sick, we can prevent their problems through screening and education, and then–costs will go down! As you can imagine, the cost effectiveness of proving that a past intervention delayed or prevented illness is pretty hard to pin down, except as a global trend. But since correlation does not equal causality, and that is a trend over a long period of time, and many other things are going on that affect health at the same time, it’s a squishy feel-good conclusion often.

@Inspectorudy, this is hint of truth. As I said, the IRS isn’t going to jail you right out of the gate. Nor are they going to send Curt to your door if you don’t purchase insurance, or pay the penalty.

The way they are getting away with this for the Constitutional battles is they are labeling this regulation of interstate commerce, and throwing the accounting/collection to the IRS to verify the regulations are being followed.

When you don’t pay your property taxes, the county or city tax assessor is the “IRS” enforcement arm. Again, Curt doesn’t show up at your door. If you have a lender, they pay it for you then up your payment to a PITI payment that includes collecting for both your homeowners insurance and property taxes in a escrow account for the following year’s payment. If you don’t have a lender, they slap a lien against your property… usually a couple to three years downline. IRS and all other tax liens supercede the 1st postition morgage lender, so any sale has proceeds first paying off the tax assessor and any IRS collections. If you have no net proceeds, they slap a judgment on you.

In the case of income taxes, again after time… not immediately… they place a lien against any assets. If you don’t have assets, they file a judgment. And they are relentless in collection. If, after time, you don’t pay, they most certainly will jail you.

So are the Hill staffers correct in saying you won’t get arrested for not paying penalties or purchasing insurance? Technically yes. But they most certainly use the IRS methods of collection, and I haven’t seen any language that dictates a change in the IRS Code that states to the contrary in the bill.

@Wooden Horse: I have MANY reservations about this system ever working. I know I will oppose it. But I would like one small thing to be done, if it is to become the Law of the land.

Bad news for you, Wooden Horse… it has become law of the land as of yesterday morning’s signing. What has *not* become law of the land is the supposed “reconciliation bill” that the House Dems sold out for as a promise to “fix” a bill they don’t like. I’ll be darned why they call it reconciliation. The House approved the Senate amended text as is, and sent HR3590 on to the POTUS for signature with the identical text. Therefore there is no “reconciliation”. Technically, this is a “fix it bill”. And the Senate is not going to say yes to the same language.

The House Dems were fools to trust the Senate Dems… or else they were paid off sufficiently to accept what they don’t want. But there’s no future references to this. It’s enacted. It’s here. And battling it down, from what I’ve been reading so far, is going to be a long shot.

It can be repealed, but not until 2013.

Could the next Republican Congress and President mandate that lawyers provide pro bono work 50% of the time?

This is only a symptom. Unfortunately, the cure is a dangerous one, that cure, IMHO is a Constitutional convention. If the language of the “interstate commerce,” and “general welfare,” clauses are not tightened up and mad absolutley clear we will loose the country. We also need to eliminate the “anchor baby problem.” I would also like to see the income tax replaced by a sales tax but that probably will never happen.

The problem with this approach, of course, is the chance that we could actually loose things like the 2nd amendment and get something ludacris like a “right to health care” put into the document. I’m clutching at straws here because I just can not understand how so many so called Americans can be so easily bought.

We can not rely on the whims of political parties, we need to go straight to the source on this.

THE gimlet eye it was very interesting reading your blog until i read about the both partys not being as better as the other,i think that in november people should vote for the Republican party as all on the same side to win and until then it is to promote the all for one votes so that nobody get confuse as we know not every one has your knowledge of politic as i read in your blog,..bye

Quite a few states are apparently already leading the charge…

Texas Joins Florida and Other States in Filing Lawsuit Against Unconstitutional Health Care Deform

@Cary:

Apparently, states can already opt out of the mandate…..

“…provided that, as Wyden puts it, “they can meet the coverage requirements of the bill‘.”

I.e., they can “opt out” as long as they don’t “opt out.”

That’s misleading. They can opt out only if they set up their own mandated system.

@drjohn:

They are a slippery and sleezy lot.

yonason

And that was being kind! 😉

I just heard an anecdote about 0 that’s relevant to the plans of the future. I’m having some repairs done, my electrician’s wife works for Safeway, we’re talking about how people’s health habits can be surveilled through their grocery “club” cards (i.e. buy a lot of booze? cigarettes? fatty meat? your store knows all about you and could tell your insurance company which might decide you are a higher risk) and he was well familiar with the idea because Safeway pioneered this. Their employees are required to have minicheckups every six (?) months. Then if their cholesterol is low, say, they get a certain discount off their health insurance. Or, their insurance rate could go up if they gained weight. Now this is extremely sensible from the insurer’s standpoint because they keep a close watch on the status of their pool and adjust rates accordingly. What could be better? If it wasn’t so intrusive. But people are slaves to health insurance now, they will do anything.

And here’s the punchline. Last year 0 gathered a number of executives to hear their ideas about health insurance costs. One was the CEO of Safeway. 0 was especially taken with his ideas. I guess this answers my own question about the “preventative care” that will be “free.” It will be our mandatory inspections to see how fit we are. I have to say, this is the public health professional’s dream, to control health. This is why I quit the APHA this year. I got tired of reading about all the “disparities” that are burdening the world. I even had a naughty thought that maybe, just maybe, if certain groups always come in last in health, no matter where in the world they are or what has been done, it could be that they are genetically inferior; this is an unspeakable thought, I know. Especially to liberals who are sure that throwing money will make people equal. And no preventative care is going to take care of that.

it’s very dangerous if the money factor is the prime interest in the GOVERNMENT health care and it also a possibility that it will,the PEOPLES will loose their individuality and be treated like robots,