Individual mandate in trouble?

[Polk]

Now, by the way, Delaware DOES have some laws concerning usury, too.

CHAPTER 23. INTEREST

But it does look like you have the facts correctly stated relative to South Dakota, Polk.

South Dakota Codified Laws

It may just be that Delaware has such a high rate that it's like they don't have one. I didn't see anything about what the cap was in that link.

Try this from that link:

§ 2301. Legal rate; loans insured by Federal Housing Administration.

(a) Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon, and judgments entered after May 13, 1980, shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due; provided, that where the time from which interest is due predates April 18, 1980, the legal rate shall remain as it was at such time.

But that only applies to Delaware chartered banks. I think that's where we get the conflict. Delaware has a tight cap on state-chartered banks, but no cap on federally chartered banks.

 

[Liability]

It may just be that Delaware has such a high rate that it's like they don't have one. I didn't see anything about what the cap was in that link.

Try this from that link:

§ 2301. Legal rate; loans insured by Federal Housing Administration.

(a) Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon, and judgments entered after May 13, 1980, shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due; provided, that where the time from which interest is due predates April 18, 1980, the legal rate shall remain as it was at such time.

But that only applies to Delaware chartered banks. I think that's where we get the conflict. Delaware has a tight cap on state-chartered banks, but no cap on federally chartered banks.

What States put caps on FEDERALLY chartered banks' interest rates?

 

[Polk]

Try this from that link:

But that only applies to Delaware chartered banks. I think that's where we get the conflict. Delaware has a tight cap on state-chartered banks, but no cap on federally chartered banks.

What States put caps on FEDERALLY chartered banks' interest rates?

I would have to look for the exact provision, but the general rule is the cap for federal chartered banks are whatever rate the state of headquarters sets. Delaware's cap specifically applies to state-chartered banks though.

 

[PLYMCO_PILGRIM]

Actually, Health Insurance by law isn't Interstate Commerce. You can't buy policies out of state. The GOP pushed for allowing folks to buy policies across state lines and that got shut down for some very good reasons. The irony here is that if the Democrats had caved on that issue, Health Insurance would have become Interstate Commerce and fallen under the purview of the Federal Government.

Because insurance is just a mechanism for delivering health care, which is definitely conducted across state lines.

Did you really just use that as your justification?

Insurance is a mehcanism to pay for health care coverage.

The insurance is not legally sold across state lines therefore the govt has no pervue to regulate it under the interstate commerce clause.

It doesn't matter that policies aren't sold across state lines. The company's tailor their products to form to local requirements. The companies themselves (Anthem, United, Kaiser Permanente) are all national firms.

1) It does matter because if you aren't selling the product across state lines, also known as conducting interstate commerce, then the congress has no authority to regulate it under the interstate commerce laws.

2) My insurance company is 100% in Massachussettes, why should congress be able to regulate me under the interstate commerce clause if my company is based here, only sells policies here, my doctors are here, and I don't leave the state for health care?

 

[Procrustes Stretched]

Justice Kennedy has harsh questions for the govts lawyer.

Check out scotusblog

Not looking good for uncle Sam.

The Bush White House had a mandate once ...

James Dale Guckert went by the name of Jeff Gannon, and Cheney's office gave him a White House Press pAss.

...that Log Cabin 'cum hither' expression

 

[The Rabbi]

There is tremendous competition among credit card issuers. I can choose from hundreds of cards offering many options to suit my particular situation.
I wish health care were that flexible.

Again, why are the credit card companies based in just a very VERY small handful of states (to my knowledge, two). Answer that one question and we can have an adult conversation on whether or not selling across state lines is a good idea.

Or, better yet, have you ever tried to sue or otherwise dispute charges or credit reports that come from your credit card? Take a while to research how that works.

I'm very much opposed to selling across state lines when it comes to Insurance. I'm still waiting for you all to do the research so you can understand why.

Why are many companies headquarted in Delaware?
Who the fuck cares.?
You want to debate the issue, debate it.

 

[PLYMCO_PILGRIM]

There is tremendous competition among credit card issuers. I can choose from hundreds of cards offering many options to suit my particular situation.
I wish health care were that flexible.

Again, why are the credit card companies based in just a very VERY small handful of states (to my knowledge, two). Answer that one question and we can have an adult conversation on whether or not selling across state lines is a good idea.

Or, better yet, have you ever tried to sue or otherwise dispute charges or credit reports that come from your credit card? Take a while to research how that works.

I'm very much opposed to selling across state lines when it comes to Insurance. I'm still waiting for you all to do the research so you can understand why.

Why are many companies headquarted in Delaware?
Who the fuck cares.?
You want to debate the issue, debate it.

Don't forget the law states that it is currently illegal for Health Insurance to be sold across state lines, which destroys the "interstate commerce clause" arguments.

 

[Katzndogz]

obama is going to rebrand his failure as wholly a republican idea even though not one single republican voted for it. Which is why no republican voted for it.

 

[Meister]

obama is going to rebrand his failure as wholly a republican idea even though not one single republican voted for it. Which is why no republican voted for it.

I doubt that would be a good direction for him to go. Most would see right through that. It's hard to shake the term, Obamacare.

 

[Dragon]

Don't forget the law states that it is currently illegal for Health Insurance to be sold across state lines, which destroys the "interstate commerce clause" arguments.

You can get an Aetna policy anywhere in the country, it just has to comply with the laws and regulations of the state where it's sold.

 

[PLYMCO_PILGRIM]

Don't forget the law states that it is currently illegal for Health Insurance to be sold across state lines, which destroys the "interstate commerce clause" arguments.

You can get an Aetna policy anywhere in the country, it just has to comply with the laws and regulations of the state where it's sold.

As a massachussettes resident I can not buy an Aetna policy from another state, it is illegal to do so under the law.

Hence no interstate commerce.

 

[Remodeling Maidiac]

obama is going to rebrand his failure as wholly a republican idea even though not one single republican voted for it. Which is why no republican voted for it.

I doubt that would be a good direction for him to go. Most would see right through that. It's hard to shake the term, Obamacare.

It's exactly what they're trying to pivot to. Yesterday the whitehouse announced that this was a bipartisan bill founded in the gops belief of individual responsibility when they were questioned about the mandate.

It's like gradeschool all over again with this bunch.

 

[Meister]

obama is going to rebrand his failure as wholly a republican idea even though not one single republican voted for it. Which is why no republican voted for it.

I doubt that would be a good direction for him to go. Most would see right through that. It's hard to shake the term, Obamacare.

It's exactly what they're trying to pivot to. Yesterday the whitehouse announced that this was a bipartisan bill founded in the gops belief of individual responsibility when they were questioned about the mandate.

It's like gradeschool all over again with this bunch.

Well, they did have Olympia Snow to get it going, then kicked her out. I guess it was bipartisan.

 

[Liability]

The good news is that President Obama is not worried about losing his credibility.

Ya can't lose that which you never had.

 

[Polk]

Don't forget the law states that it is currently illegal for Health Insurance to be sold across state lines, which destroys the "interstate commerce clause" arguments.

You can get an Aetna policy anywhere in the country, it just has to comply with the laws and regulations of the state where it's sold.

As a massachussettes resident I can not buy an Aetna policy from another state, it is illegal to do so under the law.

Hence no interstate commerce.

Aetna is based in Connecticut. Last time I checked, Connecticut and Massachusetts are different states.

 

[The Rabbi]

obama is going to rebrand his failure as wholly a republican idea even though not one single republican voted for it. Which is why no republican voted for it.

I doubt that would be a good direction for him to go. Most would see right through that. It's hard to shake the term, Obamacare.

It's exactly what they're trying to pivot to. Yesterday the whitehouse announced that this was a bipartisan bill founded in the gops belief of individual responsibility when they were questioned about the mandate.

It's like gradeschool all over again with this bunch.

It was a lie that started with nancy pelosi because she got one GOP member from LA to vote for it. One GOP member (who lost his seat in 2010) does not make it bipartisan.

 

[EdwardBaiamonte]

Tell me...what will you do if the court finds this constitutional?

Bitch about the LIBERAL BIAS on the Supreme Court?

of course it was found Constitutional then the judges who voted for the constitutionality of the mandate would have shown a liberal bias. Is that really over your head?

 

[thereisnospoon]

Tell me...what will you do if the court finds this constitutional?

Bitch about the LIBERAL BIAS on the Supreme Court?

of course it was found Constitutional then the judges who voted for it would have shown a liberal bias. Is that really over your head?

Dumb assed question of the month right there.

 

[EdwardBaiamonte]

Tell me...what will you do if the court finds this constitutional?

Bitch about the LIBERAL BIAS on the Supreme Court?

of course it was found Constitutional then the judges who voted for it would have shown a liberal bias. Is that really over your head?

Dumb assed question of the month right there.

what?

 

[EdwardBaiamonte]

Don't forget the law states that it is currently illegal for Health Insurance to be sold across state lines, which destroys the "interstate commerce clause" arguments.

You can get an Aetna policy anywhere in the country, it just has to comply with the laws and regulations of the state where it's sold.

in practice there is very little competition in health insurance and very very little interstate competition. Imagine if there was no competition in automobiles? Now even a liberal can see why insurance is very very expensive. The states in effect gave near monopolies to health insurance companies.