Health Care Ruling Shows Judicial Activism Is Alive and Well -- and Living on the Rig

So what do you think this country would look like if people could be refused emergency medical care because they could not pay?

I doubt they would be. I realize that nabobs of negativity on the left - like you - are convinced that their fellow men are all so evil and selfish and cruel that they would just ignore their less-fortunate neighbors if candidates for sainthood like you didn't come along and force them via the government to help out. Shockingly, though, you're not the only ones capable of compassion, and most of us can muster the REAL kind.
 
good grief, who the hell is FORCING you to buy car insurance or even to DRIVE A CAR.
sheesh,:cuckoo:

Good grief, someone presents a thoughtful perspective that you can't wrap your mind around, so the MUST be crazy, right?

The state government forces me to buy car insurance. I can't drive without it.
Transportation is an essential necessity in order to perform the functions of every day life.
Therefore, having car insurance is a necessity in order to perform the functions of every day life.

But hey, I really don't have a problem with my car insurance. But the idea that it is unconstitutional for the government to require you to have insurance would mean that every state out there is unconstitutionally requiring people to buy car insurance. Ultimately, nobody forces me to drive, but nobody forces me to go to the hospital either. They are both decisions that I may make in order to provide for basic needs.

you CAN drive without car insurance, at YOUR OWN RISK, nobody is forcing you to buy it, or to drive a car.
 
good grief, who the hell is FORCING you to buy car insurance or even to DRIVE A CAR.
sheesh,:cuckoo:

Good grief, someone presents a thoughtful perspective that you can't wrap your mind around, so the MUST be crazy, right?

The state government forces me to buy car insurance. I can't drive without it.
Transportation is an essential necessity in order to perform the functions of every day life.
Therefore, having car insurance is a necessity in order to perform the functions of every day life.

But hey, I really don't have a problem with my car insurance. But the idea that it is unconstitutional for the government to require you to have insurance would mean that every state out there is unconstitutionally requiring people to buy car insurance. Ultimately, nobody forces me to drive, but nobody forces me to go to the hospital either. They are both decisions that I may make in order to provide for basic needs.

you CAN drive without car insurance, at YOUR OWN RISK, nobody is forcing you to buy it, or to drive a car.
Just don't get caught without insurance in most states. There is a hefty fine to go with it.
 
good grief, who the hell is FORCING you to buy car insurance or even to DRIVE A CAR.
sheesh,:cuckoo:

Good grief, someone presents a thoughtful perspective that you can't wrap your mind around, so the MUST be crazy, right?

The state government forces me to buy car insurance. I can't drive without it.

Wrong. You can't use public roads without it, same as your driver's license. And noticeably, the state government only requires you to protect OTHER drivers from your stupidity. It doesn't require you to protect YOURSELF. Yet another difference between car insurance and health insurance.

Transportation is an essential necessity in order to perform the functions of every day life.

That is entirely your opinion and your personal judgement. Many people in this country live just fine without owning a car, or ever even having a driver's license. I personally didn't bother to get a driver's license until I was 22, and didn't own a car until I was 25.

Therefore, having car insurance is a necessity in order to perform the functions of every day life.

Also your opinion and your own personal decision.

But hey, I really don't have a problem with my car insurance. But the idea that it is unconstitutional for the government to require you to have insurance would mean that every state out there is unconstitutionally requiring people to buy car insurance. Ultimately, nobody forces me to drive, but nobody forces me to go to the hospital either. They are both decisions that I may make in order to provide for basic needs.

You neglect to mention the difference between 1) the federal and the state government, 2) forcing everyone to purchase it no matter what, and only requiring people to have it under certain conditions, and 3) requiring you to protect other people versus requiring you to protect only yourself.
 
Okay, I feel much better now that I've managed to express my opinion of anyone who thinks the Huffington Post is an actual serious news source. And I think I managed to rep everyone who thinks Flaylo is an ignorant jackwagon.

If you think Flaylo is an ignorant jackwagon and have NOT received rep from me for it, let me know.
 
Auto insurance is required if you choose to buy an automoblie. This health insurance mandates give you no choice.

First of all, you should consider changing your screen handle, because if you really do subscribe to "Lonestar logic" than nothing you say can have any merit.

Secondly, the effect of the statute in question does not have any bearing on whether this court decision is judicial activism.
 
good grief, who the hell is FORCING you to buy car insurance or even to DRIVE A CAR.
sheesh,:cuckoo:

Good grief, someone presents a thoughtful perspective that you can't wrap your mind around, so the MUST be crazy, right?

The state government forces me to buy car insurance. I can't drive without it.
Transportation is an essential necessity in order to perform the functions of every day life.
Therefore, having car insurance is a necessity in order to perform the functions of every day life.

But hey, I really don't have a problem with my car insurance. But the idea that it is unconstitutional for the government to require you to have insurance would mean that every state out there is unconstitutionally requiring people to buy car insurance. Ultimately, nobody forces me to drive, but nobody forces me to go to the hospital either. They are both decisions that I may make in order to provide for basic needs.

Car insurance is required in case you get into an accident. Its a public safety and liability issue.

Having Healthcare insurance is not.

Its apples and oranges in my book. No comparison at all.
 
Okay, I feel much better now that I've managed to express my opinion of anyone who thinks the Huffington Post is an actual serious news source. And I think I managed to rep everyone who thinks Flaylo is an ignorant jackwagon.

If you think Flaylo is an ignorant jackwagon and have NOT received rep from me for it, let me know.

LOL. I think he's the biggest jackwaggon on the board. HUffPO is his only news source. Jeeze. Guy needs to get a life.
 
Who the HELL is ADAM WINKLER and why the hell are we suppose to give a shit what he says?


:lol::eusa_whistle:

he's law professor, something you are not. Asswipe.

Law professors are only impressive to people who've never met a law professor.

By the way, I've decided from now on to neg rep anyone I find who starts a thread based on the Huffington Post, just on general principle. Unfortunately, I don't rep much, and I need to spread some reputation around before I can deal with Flaylo here. So everyone in this thread who thinks he's an ignorant jackwagon can have some rep.


Law Professor's at college's ,are those that failed at the bar exams and could not become lawyers
 
Car insurance is a little different. You're not technically forced to buy it. You're merely required to have it if you want to use public roads, like a driver's license. If, for example, you had a farm and a vehicle that you only ever drove on your farm - private property - the government wouldn't require you to have insurance on it.

And, of course, anyone who doesn't have a car is exempt from buying car insurance, as well.

No, it's not different. First, even driving a car on your private property requires a driver's license and insurance. It's more difficult to enforce if you only used the vehicle on your private property, because of 4th amendment rights. But operating a your vehicle on private property does not negate licensing or insurance laws. Second, the fact still remains that with car insurance, the government is forcing you to buy a product. While I do not support the healthcare bill in any way, the facts do not support the claim that it is unconstitutional. Government has an established history of requiring people to purchase various things, including insurance. Hell, the government often requires a citizen to purchase permissions to build a fence on your own property in your back yard. The government can force you to buy permissions to keep a pet. The government can also force you to sell things, via eminent domain.

Fighting any public policy on faulty premises will not advance the matter. The best way to fight the healthcare bill is to continue pressing on the undesirability of the bill and the ways that it will place unwanted and unfair burdens on many people, particularly those who make less money.
 
Car insurance is a little different. You're not technically forced to buy it. You're merely required to have it if you want to use public roads, like a driver's license. If, for example, you had a farm and a vehicle that you only ever drove on your farm - private property - the government wouldn't require you to have insurance on it.

And, of course, anyone who doesn't have a car is exempt from buying car insurance, as well.

No, it's not different. First, even driving a car on your private property requires a driver's license and insurance. It's more difficult to enforce if you only used the vehicle on your private property, because of 4th amendment rights. But operating a your vehicle on private property does not negate licensing or insurance laws. Second, the fact still remains that with car insurance, the government is forcing you to buy a product. While I do not support the healthcare bill in any way, the facts do not support the claim that it is unconstitutional. Government has an established history of requiring people to purchase various things, including insurance. Hell, the government often requires a citizen to purchase permissions to build a fence on your own property in your back yard. The government can force you to buy permissions to keep a pet. The government can also force you to sell things, via eminent domain.

Fighting any public policy on faulty premises will not advance the matter. The best way to fight the healthcare bill is to continue pressing on the undesirability of the bill and the ways that it will place unwanted and unfair burdens on many people, particularly those who make less money.

Driving is a privilege, not a right, your reach of an argument ends there.......
 
So what do you think this country would look like if people could be refused emergency medical care because they could not pay?

I doubt they would be. I realize that nabobs of negativity on the left - like you - are convinced that their fellow men are all so evil and selfish and cruel that they would just ignore their less-fortunate neighbors if candidates for sainthood like you didn't come along and force them via the government to help out. Shockingly, though, you're not the only ones capable of compassion, and most of us can muster the REAL kind.

So you think no one would be refused medical care if there were no laws against it?
 
EMTALA: Its Application to Newborn Infants by Thaddeus M. Pope - ABA Health eSource February 2008 Volume 4 Number 6


The application of the Emergency Medical Treatment and Labor Act (EMTALA)1 to extremely premature newborn infants has long been a source of concern to pediatricians and neonatologists.2 Preston v. Meriter Hospital3 is the first case to directly address the special status of newborns. In Preston, the Wisconsin Court of Appeals effectively narrowed the application of EMTALA to newborn infants, holding that EMTALA categorically does not apply to any infant born to an inpatient mother.4

On November 9, 1999, Shannon Preston arrived at Meriter Hospital in Madison, Wisconsin. She was 23 and 2/7th weeks pregnant. She was admitted to the hospital's birthing center and gave birth the next morning. The baby, Bridon Michael Johnson, weighed just one and one-half pounds. Although he could not survive without resuscitation and the administration of oxygen and fluids, Meriter did not resuscitate or treat him, and Bridon died two and one-half hours later.
 
Auto insurance is required if you choose to buy an automoblie. This health insurance mandates give you no choice.

First of all, you should consider changing your screen handle, because if you really do subscribe to "Lonestar logic" than nothing you say can have any merit.

Secondly, the effect of the statute in question does not have any bearing on whether this court decision is judicial activism.

I made statements of fact. So what's your problem?

As far as "judicial activism", there was none in this case. I would suggest before anyone cries "judicial activism" they first learn what the fuck it is.
 
Health insurance can equally be argued to be a public safety and liability issue. People without insurance are less likely to seek out health care when it is needed, which can contribute to the spread of communicable diseases. Seeking out health care at all could be seen as a public safety issue. I don't get flu shots, ever. It's my choice. But by not getting the flu shot I can potentially become a danger to anyone I pass as I walk down the street. The flu causes thousands of deaths every year. But somehow, I don't think that you would consider this enough to make a government mandate that everyone purchase a flu shot. That's because the constitutionality of the matter is not based on the fact that government is requiring a person to purchase a product. It is, instead, based on whether the policy presents and serves a legitimate government interest.

Those who do seek out health care at whatever time, via emergency rooms, often will not pay their bills. This causes health care providers to lose money, and causes the prices on others to rise. Additionally, people without health insurance are less likely to seek out health care when they need it when infected with communicable illnesses. The government does have a legitimate interest in addressing these concerns.
 
Health insurance can equally be argued to be a public safety and liability issue. People without insurance are less likely to seek out health care when it is needed, which can contribute to the spread of communicable diseases. Seeking out health care at all could be seen as a public safety issue. I don't get flu shots, ever. It's my choice. But by not getting the flu shot I can potentially become a danger to anyone I pass as I walk down the street. The flu causes thousands of deaths every year. But somehow, I don't think that you would consider this enough to make a government mandate that everyone purchase a flu shot. That's because the constitutionality of the matter is not based on the fact that government is requiring a person to purchase a product. It is, instead, based on whether the policy presents and serves a legitimate government interest.

Those who do seek out health care at whatever time, via emergency rooms, often will not pay their bills. This causes health care providers to lose money, and causes the prices on others to rise. Additionally, people without health insurance are less likely to seek out health care when they need it when infected with communicable illnesses. The government does have a legitimate interest in addressing these concerns.

Hey stupid, having health insurance and getting a flu shot will not keep you from getting the flu or spreading it to others. How old are you? Twelve?
 
Driving is a privilege, not a right, your reach of an argument ends there.......

That is irrelevant. The fact still remains that government requires you to purchase a product you may not want. There is no constitutional right to receive health care either. Therefore, driving being a privilege does not create an exception to the constitutional permissibility of government requiring you to buy a product, that would not also apply to the question of health care.
 
Driving is a privilege, not a right, your reach of an argument ends there.......

That is irrelevant. The fact still remains that government requires you to purchase a product you may not want. There is no constitutional right to receive health care either. Therefore, driving being a privilege does not create an exception to the constitutional permissibility of government requiring you to buy a product, that would not also apply to the question of health care.

It only requires you to purchase auto insurance if you choose to own and drive an automoblie. And one more thing, my children learned to drive using my old ranch truck and driving around my property. Never once had insurance and wasn't required by law to have it. The law only applies to public land and roads dumbass, not private property.
 

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