Fed appeals court just said funding the healthcare law is uncontitutional

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by Lovebears65, Aug 12, 2011.

  1. Lovebears65
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    Lovebears65 Gold Member

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    Appeals Court Rules That Individual Mandate in Obama's Health Care Law Is Unconstitutional


    The individual is the funding part... but they say the rest of law might stand how is it going to stand with no money:clap2:
     
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  2. Full-Auto
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    :clap2::clap2::clap2::clap2::clap2:
     
  3. Two Thumbs
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    Two Thumbs Platinum Member

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    Down With Tyranny!!
     
  4. BoycottTheday
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    BoycottTheday CEO

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    Mandates and freedom dont mix. Book of duh.

    Live free or die!
     
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  5. PoliticalChic
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    PoliticalChic Diamond Member

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    In a split decision, a three-judge panel on the 11th Circuit Court of Appeals has determined that the health care law's individual mandate exceeds Congress' Commerce Clause powers and is therefore unconstitutional. However, unlike the district court ruling preceding this case, the judges found the mandate to be "severable" and thus holds that the rest of the law can stand.

    ..."concluded that the individual mandate exceeded congressional authority under Article I of the Constitution because it was not enacted pursuant to Congress's tax power and it exceeded Congress' power under the Commerce Clause and the Necessary and Proper Clause."
    11th Circuit: Health Care Law's Individual Mandate Is Unconstitutional | TPMDC


    This is the first Democrat-appointee found against ObamaCare.
     
  6. NYcarbineer
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    NYcarbineer Diamond Member

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    So what? You'll just end up paying for the uninsureds emergency room care as always.
     
  7. PoliticalChic
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    PoliticalChic Diamond Member

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    Wrong again, Karnak.

    Massachusetts has the ObamaCare model...and guess what:

    ER visits, costs in Mass. climb

    Questions raised about healthcare law's impact on overuse

    By Liz Kowalczyk
    Globe Staff / April 24, 2009


    More people are seeking care in hospital emergency rooms, and the cost of caring for ER patients has soared 17 percent over two years, despite efforts to direct patients with nonurgent problems to primary care doctors instead, according to new state data. ER visits, costs in Mass. climb - The Boston Globe
     
  8. Greenbeard
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    No, it isn't the funding part (the funding part is "Title IX--Revenue Provisions"). That part, like virtually all of the ACA, isn't touched by this ruling.
     
  9. Patrick2
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    Patrick2 Senior Member

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    Sounds like they made an error, and should have ruled the whole thing unconstitutional, as the obamacare law had no severability clause.
     
  10. Greenbeard
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    Greenbeard Gold Member

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    They laid out their logic pretty clearly. I was unaware of the blue text and found that fascinating. If I recall correctly, the earlier ruling that struck down the entire law relied heavily on the provision in the earlier House bill in its argument; the blue facts noted in the decision today pretty neatly eliminate that line of reasoning.

     

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