4 GOP-Appointed Justices Control Obama Health Law’s Fate

By Mark Sherman | March 20, 2012

  • March 20, 2012 at 11:46 am
    ned says:
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    “Thus, the real issue is whether the Republican-appointed justices will overcome ideology and vote to uphold the law,” said Erwin Chemerinsky.

    Republicans oppose the health care law due to ideology but Democrats support it because it’s the right thing to do. NOT!

  • March 20, 2012 at 1:31 pm
    David says:
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    I sure hope the four conservative justices stick together and throw out Obamacare.

  • March 20, 2012 at 1:35 pm
    Celtica says:
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    • March 20, 2012 at 1:40 pm
      Underbroker says:
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      If you can give concrete examples of what the Republicans are specifically doing as respects a “war on womens health care”; other than saying that Religous Institutions should not be forced to provide birth control in their healthcare plans due to their beliefs.

      Stop taking the MSNBC rhetoric at face value and do your own research before spouting that garbage.

      • March 20, 2012 at 2:04 pm
        D says:
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        Here’s an example: Mitt Romny says he want’s to get rid of Planned Parenthood. Every year more than 3 million women visit a PP health center. More than 90% of the care they recieve is preventitive. Yes, birth control is one of the services. But there are other services like breast exams, pap smears, tests for STDs. Also, remember the medically-unnecessary ultrasounds required of women getting abortions. Repeal of the now two year-old Affordable Care Act will put pregnant women back into the “pre-existing conditions” category which will enable insurance companies to deny them coverage. That one affects more than just women too. Anyone who follows politics knows Romny does not believe in really ending that stuff he says he is now against. But, now he has painted himself into a corner. He is doing the typical Republican thing of using women’s health issues to score political points. More proof that the Republican leadership could care less about the average citizen especially women’s health issues.

        • March 20, 2012 at 2:37 pm
          ned says:
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          Mitt Romney wants to get rid of govenment funding of Planned Parenthood. If it can survive on its own, more power to them.

          Regarding Planned Parenthood’s services, it is first and foremost an abortion provider. Most of their breast exam patients are refered elsewhere.

          • March 20, 2012 at 4:25 pm
            ComradeAnon says:
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            Abortions are 3% of their budget. Or was your comment not intended to be a factual statement?

          • March 21, 2012 at 2:55 pm
            Sarah@aol.com says:
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            So where did you get the 3% from? That is total horse cr*p put out by leftest who do not even know what they do except abortions. Planned Parenthoods well womens care is about 5% of what they do. Lets face it, As a woman I know that I would never go to planned parenthood for my annual visit or a mamagram. Please do not post unless you understand the nature of what they do.

          • March 23, 2012 at 1:40 pm
            David says:
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            Abortions are 3% of their budget.

            http://www.factcheck.org/2011/04/planned-parenthood/

    • March 20, 2012 at 1:49 pm
      Mike N says:
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      There is only one “war on women’s healthcare”. This war is being waged by the Obama administration, who recenlty CUT $500 BILLION FROM MEDICARE. Remember, it is the leftists and Obama administration who are actually CUTTING women’s (and men’s) healthcare.

      • March 20, 2012 at 2:06 pm
        D says:
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        So, something you would most certainly been against when it was enacted (Medicare) is something you now defend? Make up your mind.

      • March 20, 2012 at 4:26 pm
        ComradeAnon says:
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        They did not cut it from benefits.

    • March 20, 2012 at 1:54 pm
      Mike N says:
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      So, when did Clarence Thomas become white? Also, since when is an Italian considered white? Are Chinese now considered white, too? I guess, as soon as a voting bloc proves it is no longer behind the democrat party, it then becomes known as “white”?

      • March 20, 2012 at 3:26 pm
        Celtica says:
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        No one said the old white men of the SCOTUS — it said old white men of the GOP. Surely, even you can distinguish the difference between the two. Maybe not.

        • March 21, 2012 at 10:40 am
          TxLady says:
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          Celtica, seems to me that you have some prejudice against white men. Does everything have to include something about someone’s race. I know many a person who identifies with being Republican from various ethinic backgrounds. Your comments offend me.

        • March 21, 2012 at 1:39 pm
          Sarah says:
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          Celtica, You are a racist!

    • March 21, 2012 at 1:45 pm
      tiredoflibs says:
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      Will someone please tell me who ever said that the GOP is going to wager a war on women’s health care? Post the exact words, article, web site, web page, person’s name…ANYTHING that says that ANYONE in the GOP is going to take the rights of women away. Take a look at some of the things that are in Obamacare and the rights of ALL Americans that THIS is going to take away…Not MAYBE take away…GOING TO take away.. Maybe this will knock some sense into you left-wingnuts?…doubtful.

      http://www.youtube.com/watch_popup?v=HcBaSP31Be8&vg=medium

  • March 20, 2012 at 1:36 pm
    Matt says:
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    Characterizing Cherminsky as a liberal scholar probably is inaccurate. He is, without a doubt, the most respected constitutional law scholar in the country. The casebooks and treatises he edits and writes are assigned by conservative and liberal law professors alike. And, make no mistake about it, the arguments for both sides are directed at Kennedy.

    • March 20, 2012 at 1:51 pm
      Mike N says:
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      Cherminsky is a leftist, thorough and through. The only reason this man is read at law schools is the fact he’s a hardcore leftist who designs narrow means of stealing rights and freedoms from individuals, and remanding them to state control. That is why he’s lionized by leftists.

    • March 21, 2012 at 1:46 pm
      Sarah says:
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      Matt, This argument will come down to this, Do you want to try to put something in the constitution that is not there, A Healthcare mandate, or do you want to abide by the US Constitution and call this what it is. Unconstitutional!

      Comon, we all know that the US Federal government cannot make you buy a product or that Healthcare is a right found in the constitution is a far reaching stretch that is vauge at best.

  • March 20, 2012 at 1:37 pm
    jfk1971 says:
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    Erwin Chemerinsky is a socialist masquerading as a law professor. I have read his textbooks. He thinks that the Constitution is nothing more than a set of guidelines which can be twisted and turned to meet the goals of the liberal, socialist viewpoint. He is not an objective commentator.

  • March 20, 2012 at 1:43 pm
    Wayne says:
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    It is more than the Government’s attempt to force the American people to buy a product/service from a private company, the law also requires American’s to dismiss their Fifth Amendment right and provide information or get fined. The Government needs to offer no proof to show a violation of law; you must prove your innocence, an unmistakable breech of due process.

  • March 20, 2012 at 1:56 pm
    Pat Foley says:
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    Thanks for the attempt to prospectively cast doubt on the legitimacy of the U.S. Supreme Court were it to make a decision not in favor of a liberal.

    What else to expect from a virulently pro-liberal media? I’m still waiting for the numerous news stories which will discuss how the real cost of Obamacare is double the amount projected by Obama, based on a recent neutral review.

    I won’t hold my breath,

    • March 20, 2012 at 2:14 pm
      D says:
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      • March 20, 2012 at 2:26 pm
        ned says:
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        ABC, NBC, CBS, PBS, CNN, MSNBC versus FOX and talk radio – perfectly balanced.

      • March 20, 2012 at 5:33 pm
        Dave says:
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        Left wing radio fails due to lack of intelligent conversation and ideas. MSNBC thrived as GE considered it a loss leader to push their left wing agenda and make friends with the Obama administration. Now owned by Comcast which needs to make a profit on all of their broadcast opeations, I suspect that may change.

    • March 20, 2012 at 4:28 pm
      ComradeAnon says:
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      The CBO says the cost has actually decreased. What “neutral review” said it doubled?

      • March 21, 2012 at 3:06 pm
        Sarah@aol.com says:
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        Comrade, Lets see the bill started out at around 700 billion then when the bill passed it was reported to be 940 billion Then increased incrementaly to 1.7 Trillion then it was recently reduced and reported here on the left slant insurance news as a big reduction of 48 billion. So it is still a huge boondoggle that we can not afford in any economic times. Those are the are just the basic facts of this unconstitutional flawed healthcare law.

        • March 21, 2012 at 3:54 pm
          Thinking Producer says:
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          You must be getting your info from “FIX” News. These gross numbers are offset by Revenue in. In other words after 10 years, the deficit is expected to be reduced not increased.
          PPACA looks at initial costs & Revenue In to offset costs.

          The Bush Administration when it pushed its Medicare Part D program used deficit financing for ITS “jewel” of a out-patient drug plan. Republicans ignore deficits when in control…..

          • March 22, 2012 at 9:37 am
            Sarah says:
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            Not thinking Producer, WRONG! the CBO does take into consideration the estimated revenue generated through “fines” and taxes and cuts to Medicare and so called reduction of expenses to Medicaid reimbursements to states that are associated with the bill each time it is presented for review. Without that this bill would absolutely be a Total bust on the budget. The problem is that those cuts and those revenues never will come.

    • March 20, 2012 at 11:12 pm
      Former Status Quo says:
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      Outside of the Fox News world i don’t think anyone in the US knows that the CBO recently said Obamacare was going to cost 1.620 trillion…funny how that number got swept under the rug.

  • March 20, 2012 at 2:09 pm
    Thinking Producer says:
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    The PPACA “Compromise” legislation took much congressional time to develop. Private carriers are given the opportunity to improve our health care system. I would find it hard to believe that political considerations from Life appointed Supreme Court justices would prevail in destroying a real opportunity for positive change. We have witnessed $$$$$$$ generated criticisms by political “hacks” who adore the Status quo. Doing nothing is NOT the answer in my book!

    • March 20, 2012 at 2:24 pm
      ned says:
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      Sometimes nothing is better than what they come up with. Instead of govenment taking over healthcare, why don’t they remove themselves and leave it up to the market? If there weren’t so many mandates for women’s health, mental health, gender reassignment surgery, … , insurance could be much more affordable.

      Why should a single, mentally stable male have to buy insurance that covers mamograms and phych evaluations?

      • March 20, 2012 at 2:35 pm
        Thinking Producer says:
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        We have the most expensive health care system in the industrialized world. The “market” has brought us inferior products. Individual products which exclude pre-existing conditions, excessive surcharges, women paying more, inferior mental health coverage and medical loss ratios as low as 65%. PPACA requires essential coverages. The “Market” may generate more commission $$$$$$ in your pocket. That doesn’t make it the “CORRECT” answer for USA citizens.
        Mandates happened in response to 2nd rate health insurance products!

        • March 20, 2012 at 2:46 pm
          ned says:
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          Mandates happen mostly due to special interest influence – folks lobbying legistures to have someone else pay so their patients don’t have to.

          Without pre-existing conditions exclusions, it’s not insurance, it’s welfare. Why would anyone pay for insurance before they’re sick if they can get coverage afterward? I know, that’s why they need the unconstitutional mandate.

          BTW, which way have premiums gone since PPACA has been enacted? Answer, up.

          • March 20, 2012 at 3:57 pm
            Thinking Producer says:
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            Your comments prove you don’t understand group health insurance. A large number of insureds in a group make it possible to cover pre-existing conditions on all members. The PPACA mandate is critical since it avoids adverse selection against carriers by getting the young, healthy individuals in the group.
            Our current system where the uninsured go to Emergency rooms may cause up to $1000 additional premium per person on the insureds who carry health insurance.
            Your obsession with “welfare” is misplaced. Covering pre-existing conditions isn’t welfare it is the right thing to do. Having 30 million more Americans insured is the right thing to do. SOME Americans feel I am OK, who cares about the uninsured. I reject that sickness. You don’t.

        • March 20, 2012 at 5:35 pm
          Dave says:
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          Yeah, and that is why despots from other countries come here to get healthcare or why those escaping the state rrun systems in Great Britain and Canada come here.

        • March 22, 2012 at 9:42 am
          Sarah says:
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          Would you like the least expensive healthcare system? Not me! What does women paying more have to do with anything? That is insulting.If it is a 2nd rate health system then I am sure you will be traveling to Canada to get your medical care while the all of the elected officials in Canada and the UK, France and Italy come here for thier complicated surgeries. Hmmmmm….

      • March 20, 2012 at 3:12 pm
        Always Amazed says:
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        Men also do fall victim to breast cancer and I know a few men who could use a psych evaluation. And a few women as well.

    • March 21, 2012 at 3:09 pm
      Sarah@aol.com says:
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      So lets just throw out the Constitution. You are not a very thinking producer. Maybe you should ask your agency principal?

    • March 27, 2012 at 4:58 pm
      JB says:
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      So, if someone’s drowning and all you’ve got is an anchor, you throw them that?

  • March 20, 2012 at 4:31 pm
    Water Bug says:
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    The current so called “war on women” didn’t exist until George Stephanaopolous out of blue asked Mitt Romney if states have the right to outlaw contraception. Mr. Romney was stunned by the question and said that this was not an issue and that no state legislatures were interested in outlawing contraception. Mr. Romney did add that he supposed a state could take such an action but maybe a state could outlaw the “pill”. The leftist press in concert with the failed Obama administration needed an issue to distract the public from the horrible economy and the monstrous Obamacare scam.

    The whiney Georgetown law student plant was another distraction added to try to give credence to the idea of a Republican “war on women”.

    I’m grateful to have been born with a brain that I know how to use.

    • March 20, 2012 at 5:31 pm
      Celtica says:
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      Out of the blue, you say? That only means you are not keeping up with developments in GOP states. Come November, the neanderthals among you will be in for a rude awakening.

      • March 21, 2012 at 1:32 pm
        Always Amazed says:
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        You might just have egg on your face, darling. Neanderthals? Nice touch. Yes, the whiney Georgetown student who when she graduates will be making a 6 figure salary and who claimed her contraceptive cost 1,000 dollars a year. That’s a lot of BS and we all know it. Target charges around $10. And Obama calling her personally to let he knows he supports her. Give me a break. What ridiculous show. She obviously wanted to go to Georgetown and she also knew it was a Catholic university which does not support birth control pills period (no pun intended). The media ran with this story and it was all a crock for publicity. I hope the Supreme Court rules this monstrosity unconstitutional and so do most of Americans. Except maybe for the “I want everything handed to me for free generation”. What a bunch of whiners indeed.

  • March 20, 2012 at 5:27 pm
    JB says:
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    WHEREAS, the Declaration of Independence and the Constitution of the United States of America (the “Constitution”), upon which this nation was founded, is based on certain principles: people are endowed by their Creator with certain unalienable rights, among which are life, liberty and the pursuit of happiness, and
    WHEREAS, the Constitution limits the powers of the federal government to those powers enumerated, and
    WHEREAS, the Constitution similarly limits the powers of State’s governments, and
    WHEREAS, any powers not enumerated remain with the States, or with the people, and
    WHEREAS, the Constitution clearly establishes rights of citizens, which no branch of government may abridge, and which no vote of the citizenry, nor any other body, may deny, destroy or limit, and
    WHEREAS, all who hold office in any branch of government, whether elected or appointed, have taken an oath, either explicitly or implicitly, to uphold the Constitution,
    THEREFORE, BE IT RESOLVED that any laws, acts or statutes which are contrary to the foregoing should, of right, be IGNORED, and any government official who would attempt to enact or uphold such laws, acts or statutes IMPEACHED, regardless of ideology or party affiliation…
    UNLESS, you believe that your duty as a citizen is to simply OBEY, COMPLY and SUBMIT…in which case you’re probably living in the wrong country!

    • March 26, 2012 at 5:27 pm
      Howard says:
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      And who, pray tell, is to determine determine which laws, acts, or statutes are contrary to the foregoing? Is every zealot free to ignore the laws he claims are contrary and impeach governmental officials who uphold such laws, acts, or statutes? That is anarchy, my friend. You would not like to try it on for size.

      • March 27, 2012 at 7:20 am
        JB says:
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        Read the Constitution, my friend. IT enumerates the powers of government. IT grants certain powers to government. IT places limitations on those powers. IT expressly prohibits the government from doing certain things. IT grants certain rights to the citizens, and expressly prohibits those rights being taken away. We do not have a country wherein a simple majority may invoke it’s will on the minority in cases involving those rights. It is the exact opposite of anarchy. We have a constitutional representative republic. There are many who would like to ignore or minimize this fact. You would not like to try that on for size…unless you’re among those who view the Constitution as an obstacle to gaining power and invoking your will (as President Obama said recently!)

      • March 27, 2012 at 8:22 am
        JB says:
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        The Supreme Court.

  • March 20, 2012 at 6:37 pm
    Celtica says:
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    • March 21, 2012 at 1:40 pm
      Always Amazed says:
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      What are you smoking?

    • March 27, 2012 at 9:55 am
      FFA says:
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      And exactly how is pushing up the cost of Health Care across the board a win for women? Do you actually think there is such a thing as Free Birth Controll other then saying NO? How about we make Life insurance more affordable for men?

  • March 20, 2012 at 7:54 pm
    JEFF TURNER says:
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    Why is the article about only the court appointees that have been appointed by GOP presidents. Are the democratice judges so “mindless”, they will vote for anything that the democratic president wants. Can they not read the constitution? This article looks an attempt of the left to paint the judges as “bad” judges if they vote to strike down Obamacare.
    i hope it more than 5-4 to strike it down. I would have more respect for the democratic appointees itf they “man upped” instead of caving to the President’s pressure

    • March 21, 2012 at 4:05 pm
      Thinking Producer says:
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      • March 22, 2012 at 4:02 pm
        JB says:
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        PPACA will save us! (BULL)

        • March 22, 2012 at 9:50 pm
          Thinking Producer says:
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          PPACA is an approach worth trying. Its too easy to criticize and have no viable alternative.
          The STATUS QUO is unacceptable to rational citizens.

        • March 22, 2012 at 9:52 pm
          Thinking Producer says:
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          PPACA will do more than doing nothing. That’s NO BULL !

          • March 23, 2012 at 2:10 pm
            FFA says:
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            TORT REFORM???? Lawsuites drive the cost of insurance. We all know that. $14M in Hawaii because someone fell off a cliff?

  • March 21, 2012 at 1:35 pm
    Sarah says:
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    Another IJ stanted article! When does this crap stop!

    The Supreme Court should be above partisan politics. I know that liberals do not really care about the oathe to uphold the constitution and think that the Constitution is only just a piece of paper to be ignored and all of our liberties destroyed in the name of Communism or a the least Socialism.

    The so called news being reported by the Insurance Journal is just too biased and slanted to ignore. IJ, CUT OUT THE BIASED ARTICLES!

  • March 21, 2012 at 1:51 pm
    Hidden Costs of Obamacare says:
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    The whole plan behind Obamacare is to move to a “single payer” health care system where the government controls your health care (including what services you get … or don’t get) based upon some unelected bureaucrat deciding who is privileged and who is not. No one is taking note that the entire private health insurance sector which employs hundreds of thousands of workers will disappear. All of those educated, long term employees will be out on the street (in unemployment and food stamp lines), while the government takes over their jobs at a higher cost, including all those federal benefits like cushy retirements, huge executive bonuses (like Fannie and Freddie), and more. Just this past week, the nonpartican budget office say “oops, we underestimated Obamacare costs by a trillion SS”. That’s without adding the hidden costs that haven’t been talked about. If you think the $$ trillions of national debt is big now, wait til the federal health bureaucracy crashes the entire economy! Anyone recall the Roman Empire! That’s where we are heading. Into oblivion. It was a nice ride when we stuck with the U.S. Constitution. America will go down for the count if Obamacare stands.

    • March 21, 2012 at 7:25 pm
      Thinking Producer says:
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      • March 23, 2012 at 4:34 pm
        FFA says:
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        Then put meaningfull tort reform into place. You sue me. You lose. You pay every penny of my defense cost.
        Lets see what that does to Mal Practice Rates. Get Mal Practice under controll, let the ripple effect take over.

    • March 26, 2012 at 11:32 am
      Bill says:
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      Obama himself said that he was for a single payers system but could not politically get it done. Just like he met with the Russian president yesterday and said he would be able to get more done as soon as he was re-elected in the area of eliminating our missle defense system over Europe. He is one guy before an election and another afterwards.

      • March 27, 2012 at 8:24 pm
        Thinking Producer says:
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        You seem to be confused. Romney is the choice for those who like position changes. His key campaign worker stated that after the Republican primary…you just wipe the slate clean and start all over (like a Etch a sketch Toy).

        • March 27, 2012 at 9:19 pm
          Dave says:
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          Just like a typical liberal, lose the argument, change the subject. We’re talking about Obamacare here not what a Romney campaign worker said. Speaking of those supporting Obamacare, one day they say the penalty is not a tax, the next day they say it is. How valid can an argument be when you have to take two completely different positions to make your point? Decide whether it is a tax or not and stick to that argument, you can’t do that, then obviously your argument is fallacious.

  • March 23, 2012 at 1:46 pm
    FFA says:
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    Well, nothing being said about Govt Intrusion into private business. Nothing being said about Tort Reform. Race & Religion???
    Why should my cost go up because some woman somewhere wants Birth Controll? I am past my baby days and had to pay my own way on Birth COntroll. Now I get to begin paying again???? Of course I assume that everyone in this forum is smart enough to know that nothing is free.
    Also, no mention about cutting foreign aid to help pay for this. Why are we sending truck loads of $$$$ to countries that dont even like us?????? Why do people get bigger refunds on their taxxes then what they pay in? Why dont we cut some of the Health Care budget to subsidize the cost of gas? Looking a lot like $6.00 a gal before June 1st. How about subsidizing that for me for free? Guess I am not entitled because I have a JOB!

  • March 23, 2012 at 1:54 pm
    Kurt says:
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    Hi Always Amaszed,
    I love how you always call people “Darling”. How wonderfully condescending of you.
    But here’s a question for you sugar, if the right wing(nuts) are against this because it is forcing people to buy something, why are they not against Soc Sec, auto liability etc?

    • March 23, 2012 at 4:22 pm
      Always Amazed says:
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      Hi Darling, In IL it is a law to have auto insurance. You can get fined $1000 for getting caught driving without it. The lowest limits are 20/40/15. However, we are talking auto insurance and not health insurance. Huge difference. I don’t want the government forcing me to have a government-run health plan and have them making decisions on my options for care, procedures or what have you that my doctor and I should be making.

      Have a great weekend.

      Smiles,
      Sugar

      • March 23, 2012 at 4:24 pm
        Always Amazed says:
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        Oh, by the way, you have nothing to say about someone else refering to others as “neanderthals” but darling offends you?

    • March 27, 2012 at 8:59 am
      JB says:
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      Hi Kurt,
      Because you’re confusing “right wing(nuts)” with conservatives, who are neither right wing nor nuts? And because you’re comparing apples and rocks?

  • March 23, 2012 at 4:36 pm
    FFA says:
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    Another though, how about ending the 18 month limit on Cobra. I can afford to pay it, let me keep it. Instead, on the group policy and my rates went from $722 to over $1300.

  • March 26, 2012 at 11:40 am
    nick says:
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    Throw out this junk…



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