Federal Appeals Court Upholds Individual Health Insurance Mandate

June 29, 2011

  • June 29, 2011 at 2:25 pm
    Maxine says:
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    THis is pathetic – we’re not to far from being told how to breath, when and where. To much goverment involvement in our lives – we should be able to choose if we want the Insurance, if we want to buy a particular car, home etc….I feel this places such a burden on all of us – the politicans don’t care one way or the other, they have their PPO’s etc…greedy bunch!

    • June 29, 2011 at 5:59 pm
      Ron says:
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      I for one am in favor of this ruling – this will reduce the cost of health care costs for the average American. Currently the cost of health care is forced upon the insured, those without insurance go to the doctors and hospitals and receive service for little or no fee while the cost of these services is passed onto the insured Americans in the form of higher premiums to recover the cost of these parasites on society. By requiring everyone to have insurance will reduce the cost of health ins. for all conscious Americans. The fine should be significant and used to offset the cost of the free loader.
      Ron

      • June 30, 2011 at 7:57 am
        Jekyll Island says:
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        No it won’t reduce costs one bit. A hospital still has to treat anyone who makes it through the door. There will be plenty of people who choose to accept the tax than the premium. There will also be the same number of illegals who get care also.

        These illegals will force the government to grant them amnesty in order to make them pay their fair share, it will be the way to sell us on the concept. But all it will do is force more problems on Medicare & Social Security.

        If you think for one minute that this will lower costs you have to either be ignorant of how the Health Care Industry works over all or how human behavior acts

        • July 1, 2011 at 4:49 pm
          Temblor says:
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          The illegals don’t affect the cost of Medicare or Medicaid at all. Period. You must have a valid SS # to get either.

          Texas, hoping to prove illegals were a drain on the economy, did a study that proved just the opposite. They pay witholding taxes and SS taxes via phony SS numbers, but can’t get refunds or SS benefits. That, plus their contributions via sales taxes more than offsets their costs to society, primarily healthcare costs. Their healthcare costs are paid from our general federal taxes, not from Medicare or Medicaid.

          Texas actually published the results even though they were counter to what they were trying to prove.

          The problem with those who take this position is they never look at any actual facts or figures, they just parrot the garbage the right wing nut case Republicans churn out.

          Another thing the rwfatmnc’s ignore is the fact that savings in Medicare are to come from reducing the rampant fraud that is now endemic in the system, NOT from cutting benefits.

          There never has been any effort to control this fraud in the past; the NON_PARTISAN Congressional Budget Office study indicates that the cost of the system can be DRASTICALLY reduced by controlling fraud.

          There was an article in our local paper (rural Alabama) yesterday, a local clinic had been busted and charged with submitting $6,000,000 in fraudulent claims to Medicare. This is endemic but Congress always neglects to include funds for enforcement in the annual budget. You have to ask yourself why? Is it because some Dr.’s organizations are big contributors? Most likely.

          It would really help if the right wingers would start looking at the facts and figures instead of regurgitating the phony information the far right nut cases spew out.

          • July 1, 2011 at 5:58 pm
            agent says:
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            I suppose you are including the hundreds of thousands of illegal thugs we have running around raping and murdering innocent Americans. Perry is giving one the needle soon over the protests of the UN. Texas is not the state to murder people in. Many illegals are being paid in cash to keep them off the books. How is that fair to the rest?

      • June 30, 2011 at 9:12 am
        Expert Novice says:
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        People who pay the fine don’t actually get insurance by doing so. The money goes to Washington D.C., so the healthcare facilities in the communities where these people live might never see a dime of it. In these cases, it will actually make the communities poorer by funneling money out of them.

        The flaw that Obama saw in this plan in 2008 was that people who can’t afford health insurance can’t afford to pay a fine either. This creates political pressure to keep the fine low enough for poor people to afford it, which in turn makes it ineffective as a “mandate” to buy healthcare because paying the fine will cost less than buying an insurance policy.

      • June 30, 2011 at 11:49 am
        Oldtimer01 says:
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        You have to be kidding. No one in his right mind says this will be cost effective. Since this law was passe we have seen a huge increase in premium U S wide mostly because of dependant age extensions and unlimited liability to the insurance companies in lieu of known limitations. Insurance companies don’t care, they will simply pass it on and certainly hospitals and doctors don’t either so they are going their merry was and simply collecting the benefits. And by the way; how have we survived for more than 200 years without this mandate?

        • June 30, 2011 at 1:02 pm
          agent says:
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          The reason why premiums have skyrocketed since the bill was passed is “Uncertainty”. How can companies in this business predict the costs when they will have to accept all pre-existing conditions on coverage? They have to cover all the failure to launch kids until they are 26. Mandates are a terrible idea and the one policy fits all concept will actually reduce benefits for many Americans. It is no wonder that waivers are being asked for all across the country and one third of employers will be dropping coverage altogether by 2014 due to prohibitive costs. We could have created a Pool for the uninsured/pre-existing conditions people for $40-50 Billion which is much better than the trillion dollar price tag of Obamacare. That is not even mentioning rationing of care that will result from this travesty.

  • June 29, 2011 at 2:31 pm
    Richelene says:
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    This is like saying that because the housing industry is in trouble all renters will be required to purchase a home by 2014 – thereby stimulating the economy through mortgages. Where does “big brother’s” hand stop??

    • June 29, 2011 at 2:43 pm
      SFOInsuranceLady says:
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      Terrible analogy!!

      • June 29, 2011 at 3:47 pm
        Expert Novice says:
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        This is the same analogy Obama stated when criticizing the idea of a healthcare mandate back during the 2008 primaries. He said it made about as much sense as solving the homeless problem by mandating that homeless people must buy homes.

        From the article, it seems to me the two main points of the decision are that people without insurance are participating in the market by self-insuring, and the constitution does not bar the government from regulating “inaction.” By that logic, homelessness affects interstate commerce because people are participating in the housing market by “self-housing” in tents and cardboard boxes. And since we don’t have a constitutional right to be “inactive” in a market, it’s legal to fine people for being homeless.

        If they had justified the decision by saying the government has the power to tax people, I could understand that. This, on the other hand, is a power grab that defies logic.

  • June 29, 2011 at 2:33 pm
    Sarah says:
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    Everyone, Just read the Constitution and honestly make up your own mind as to what the authors of this great document had in mind to the authority of the Federal Government. Anyone can twist words, create meaning out of thin air or argue. Forget the legal world for a minute and just read the docmument. It is very short, just a few pages in a small book that you can obtain in any library or for that matter online I am sure. Mine is a blue small book from the library of congress. In my honest opinion, I do not think that the authors intended the document to allow the Federal Government much authority over the laws of each Individual States and they limit the role of the Federal Government most certainly. Why do we find so much authority and power concentrated in Washington? Why do we see so much spending there? The Constitution is the answer to our countries financial problems. If a State wants something, lets take “Gay Marriage” Then fine if you do not like it, move to another State. If you want entitlements move to New York or Mass. If you do not move to Arizona, Texas or Florida. It creates competition on runing a State well between the States, each competiting with each other for residence. I believe that this was a major factor in the creation of the US Constitution.

    We need to stop the Federal Governement from creating any more programs that they can not afford (14.5 Trillion Debt) or not all the voters in each state may want. New York and New Hampshire might want a single payer system, while Alabama may want a private market. I say let them. Judges should stop trying to stretch the Constitution and put the constraints on the Federal Government that it so needs to do to keep the power closer to the American People which is only available at the State level. Just my opinion!

    • June 29, 2011 at 6:03 pm
      ? says:
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      Sarah, thanks. By the way, do you work?

      • June 30, 2011 at 9:18 am
        Sarah@aol.com says:
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        ?, Of course I work ?, All conservatives work! Only left wing nuts look for hand outs. LMAO…..

        Another case of an emotional outburst of factless ridicule presented by the left.

        • June 30, 2011 at 9:41 am
          youngin' says:
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          Wait, are you saying you are a liberal? I’m confused as you are responding to a non-factual statement (actually, a question) with an emotional outburst of factless ridicule.

          • June 30, 2011 at 10:40 am
            Sarah says:
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            Again, another emotional outburst of factless ridicule. I guess you shouldnt expect much more from a youngin. LOL….

          • June 30, 2011 at 10:47 am
            youngin' says:
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            Sarah, just because you keep repeating something doesn’t make it true.

        • June 30, 2011 at 5:00 pm
          SFOInsuranceLady says:
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          Sarah…well, I guess I just happen to be one of those left-wing nuts looking for a handout…hubby laid off 3 years ago, now disabled with COBRA running out in 3 months. He gets Social Security, I get nothing (not until I’m 65)…..unless I want to pay $2200. per month for an insurance policy that has a $10,000 deductible with a maximum benefit of $250,000. I have a pre-existing condition (heart condition) that won’t allow me to look any palce else….I am waiting for the day when I can afford a decent, affordable health insurance plan….or, should I date go “bare” and let everyone else foot the bill??? It think not….
          I might as well quit working and collect welfare……pretty sad, isn’t it?

          • June 30, 2011 at 5:02 pm
            SFOInsuranceLady says:
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            PS: If anyone out there can tell me where I can find a health insurance policy that has a better maximum benefit, a lower premium and deductible, please let me know…..Thank you.

          • July 1, 2011 at 11:27 am
            Sarah says:
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            Medicaid is not a hand out for any US Citizen that needs it, form no fault of their own. That is what it is for. Conservatives are not terrible people. By and large we give twice as much as liberals to charity, Fact!

          • July 1, 2011 at 9:11 pm
            SFOInsuranceLady says:
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            Sarah….I don’t qualify for Medicaid….any better suggestions? As you can tell, I am quite frustrated….

          • July 5, 2011 at 4:13 pm
            AZ Ins Man says:
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            SFO, little late to be thinking about needing health insurance AT your age, right?
            PLanning ahead might have solved the problem. For example, buy a group policy at your agency? Buy an individual before you became 70 years old?
            the govt becoming involved with anything will cost too much and be a debacle. name one thing that works feasibly. fedex and UPS and Mail Boxes Etc. showed how bad the USPS is.
            SS and medicare are SO great, why does Congress exempt themselves and provide a separate program for all members? Same with everything congress does. all laws apply to us but NOT to them. Sexual harassment does not apply to members of congress???

            WHY?
            Get the govt out of our lives. Shut down all worthless agencies. Do not allow unions fighting for OUR tax dollars as that is ridiculous.
            Stop spending like we have money. Cutoff every other country until we are solvent.
            Stop supporting wars that we are NOT paid back for in OIL or other financial benefits.
            DONE! The U.S. needs to get OUR house in order before we run around the world giving advice…

          • July 5, 2011 at 6:08 pm
            ticked says:
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            I have a friend who may be able to help SFO, they may have a counterpart in your state since I am in Texas…very good at what they do and if anyone can help, I know these people can.

            Call Jason @ (713) 270-0073 and tell him your situation! Good luck hun and gooood bless!!!

    • July 1, 2011 at 4:58 pm
      Temblor says:
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      The problem with “just reading” the document is that ignores 234 years of lawsuits and court interpretation. All that has to be taken into account as well, you can’t just “read the document”.

      If you don’t want universal health care, then I suppose you will also give up your right to mandated:

      Social Security Benefits;
      Medicare Benefits;
      Medicaid Benefits;
      Right to walk into any emergency room and get treated, even if you don’t have medical insurance;

      I suppose you also don’t pay your taxes;
      Don’t agree that everyone who owns a car should have minimal limits of liability insurance in case they hit you (mandated by the states, not the federal gov’t, but still universally mandated in almost every state);

      Don’t agree that drivers must purchase no-fault insurance in case the get hit by an uninsured driver;

      Etc., etc., etc.

      And while you’re at it, please understand a Federal Appeals Court has just ruled that the federal government CAN require everyone to purchase medical insurance, just as they can require everyone to do so many other things. That is their interpretation of the Constitution.

      • July 1, 2011 at 5:20 pm
        agent says:
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        Temblor, If you can’t read the document including the Amendments, you are like all the Progressive Socialists who want to do away with the Law of the Land. The Constiution was written by very wise men and has stood the test of time even though it has been amended 27 times to adjust to the modern society. The Progressives have been chipping away at it for 100 years and have managed to sneak some of their pet social programs by it. FDR – Social Security which had its own Trust Fund which was supposed to never be touched. LBJ took care of that and put it in the General Fund. They have been stealing it blind for over 40 years with every social program imaginable. How did that War on Poverty work out for us? We are broke and becoming more Greece like every day.

      • July 5, 2011 at 10:53 am
        Sarah says:
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        Tremblor, The document and its amendments are not changed by court cases. The court cases are changed by the docmument. That is the only job of the supreme court, to determine what it means, not what it says. The only way to do that is by amendment. If you dont like guns, add another amendment to the constitution, you can not eliminate the 2nd amendment by a court case.

      • July 6, 2011 at 12:40 pm
        .r .tanner says:
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        I want all the above programs abolished ASAP I am a 69 year old insurance agent who rembers Senior Texas 65 a program for people over 65 that was purchased by the individual and it was just as good or better than medicare. I am a conservative and the people of the states who have elected the Liberal Politicans who help to appoint these Liberal Judges on these appeal courts are forcing their will on the people of all the other states who don’t agree with this decision.I just wish Governor Perry would start a movement to take Texas out of the union.

        • July 6, 2011 at 2:17 pm
          agent says:
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          Tanner, I am inclined to agree with you. Progressivism has imbedded itself into the country to an extent that it is like Cancer spreading throughout the body. It is in the White House, Congress and the Courts. Conservatives are the Chemo who are trying to cure the country of this disease. It is going to be a tough battle, but winnable. Last November, the people spoke and kicked out a sizable number of the lemming followers of Progressivism. The next election should be the final cure to make the country whole again.

  • June 29, 2011 at 2:34 pm
    wudchuck says:
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    here’s the problem with the appelate court look at the statement:

    Congress had a rational basis for concluding that, in the aggregate, the practice of self-insuring for the cost of healthcare substantially affects interstate commerce,” the court panel ruled in a 2-1 decision.

    it states, interstate commerce… fyi, we individually live in a particular state unless on vacation… so rightfully we have only intrastate commerce for my insurance… my health insurance company has to apply for a license to be eligible for business w/in my state to be used. it’s not like a trucking company that is doing business w/in several states that require an interstate dot tag! if i don’t want insurance, because i can afford my own or feel i can treat myself my way, then i should not be mandated to have insurance just because the gov’t says so! it’s my freedom of choice to decide if i want insurance, my pursuit of happiness! it’s not like i bought a house and need insurance because i have a loan. or a car, that the state requires that i have insurance to cover incase i am at-fault.

    so, watch our prices rise for meds because of the cohoots between doctors and pharmesutical companies just to develop something we DON’T NEED! this is why are costs are going up!

    • July 1, 2011 at 5:04 pm
      Temblor says:
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      You’re confusing “not insuring” with “self insuring”.

      “Self insuring” requires setting up a means of paying, other than insurance, before the event occurs.

      “Not insuring” means what most people do when they don’t purchase insurance, i.e., nothing. They trust to luck they won’t need care, or, they go to the emergency room and force you and me to pay for their care through higher taxes, IN ADDITION TO the premiums we are already paying in the the overall pool.

      Why should they get a free ride at my expense? Let them pay into the pool just like everyone else, share the cost, or, if they don’t want to, then deny them any coverage at all if their gamble fails and they need treatment but haven’t participated.

      They want it both ways.

  • June 29, 2011 at 2:44 pm
    Bill says:
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    Welcome to Canada or England. I hope Barry, Harry and Nancy are happy with the United Socialist States of America.

    Some people say Barry O, is a failure. No he is a tremendous success. He and his financial backers, Unions and Soros have gotten all they have wanted, A new world order, that is out of order. Congratulations to the anarchists and socialists, you are winning your war. Welcome to the great American decline.

    Today, “Obamas” finally admits his plan for debt reduction, HIGHER TAXES FOR THE FEW, FOR THE BENEFIT OF THE MASSES. SOUNDS LIKE SOCIALIST/MARXEST CHAVEZ TO ME.

    • June 29, 2011 at 3:24 pm
      agent says:
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      Keep in mind that this Appellate court was in Cincinnati, and was obviously liberal minded. We will see what the judges say in Florida deciding the 26 state suit. There is no doubt that many judges and Appeals court judges definitely lean left and are legislating from the bench. These guys should be impeached and removed since they are interpreting the Constitution wrong. In any case, this will be decided by the Supreme Court at some point. If this bill is upheld all the way, I can see this country becoming Greece in a few short years. No money and no hope.

      • July 1, 2011 at 5:10 pm
        Temblor says:
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        Why do you think the original suits were filed where they were? Venue shopping is what it’s called. The appeals courts are generally much more even handed than the lower courts where judges are often appointed through a much more politicized process.

        Read the decisions from the orginal suits that have been decided, and then read the decision from the appelate court.

        And since when does Cincinnati indicate a liberal minded court?

    • June 29, 2011 at 3:56 pm
      Why Bother says:
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      Bill – It dosnt have to be that way…..everybody thinks that the end of the United States is always right around the corner because of all the screw up egomaniacs that end up in Washington every few years. How often over the past 35 years have I heard about the decline of America….??…..Lots!! Just remember…..we still get the oportunity to change things every 4 years (or whenever you and your pals organize the next revolution). Dont like what you see…??…run for president or start your own movement. Call your reps, call your congressmen, write Obama a letter addressing your disgust….DO SOMETHING!!! Dont just accept that we are doomed and sit back and watch it happen. In many ways “We the People” are just as guilty for letting the things happen as the politicans are for making things happen!

      • June 29, 2011 at 4:14 pm
        agent says:
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        Why, I have been around long enough to see many Presidents come and go. Up until this one, the worst of the bunch was Jimmy Carter. The people had enough of him in 4 years. He was the weakest on domestic and foreign policy I had seen in my lifetime. I think most people agree that Obama presents a threat far greater because he is actively seeking to take the country down the road to Marxism/Socialism even if it destroys the economy and everything we hold dear. I often write my Congressmen and Senators who are Conservative. Up until last November, they were being run over by Pelosi/Reid on all the bad legislation. Now that we got the Dems shellacked in November, at least we have stopped the agenda to some degree. The American People are now awake and we see this guy for what he is and he is toast.

        • June 30, 2011 at 9:36 am
          Rob says:
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          We can survive a terrible/marxist President like Obama, but we cannot survive the ignorant people that vote for him.

          • June 30, 2011 at 11:19 am
            agent says:
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            Recent poll numbers show that support for this President is tanking across the voter spectrum. He lost the Independents in the mid terms, Latino support has waned, Black support has gone down some and women who vote liberal have also started looking at him in a different light. College kids who idolized him cannot find a job after graduation and are disillusioned because they cannot launch and are living at home off their parents. The only support he has is the totally ignorant who blindly vote for a slogan or the far left base. I don’t think that is enough to win elections. With the sweeping victory of Conservatives in the last election in Congress, Governors and State Legislatures, it will be a very tough fight for this guy to be re-elected.

      • June 30, 2011 at 9:34 am
        Rob says:
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        Why Brother….The problem is when you have half of the country sucking on the Governemtn teet, and all they have to do to keep their benny’s is vote every few years, then we are doomed. It’s a great plan if you have a “D” behind your name, but not for the rest of us who actually love this country and what is stands……..sorry, stood for.

  • June 29, 2011 at 2:47 pm
    LDH says:
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    How will the person uninsurable according to the industry get insurnace required by the government? I guess the government will create another program to deal with this.

    • June 29, 2011 at 3:39 pm
      agent says:
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      This is where the so called exchanges come into play set up by the states. It will be Medicaid type coverage, subsidized by the Feds with money they don’t have and still expensive to the consumer. When the exchanges fail due to lack of funds from covering everyone with pre-existing conditions, the Feds will come in and institute single payer direct. My guess is that people will apply online and whatever insurance companies that remain after the dust clears will be shills for the government and subsidized for issuing policies and paying claims. AARP should do well under this arrangement.

  • June 29, 2011 at 2:49 pm
    Jim says:
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    So true Bill. Obama is not as stupid as most think. When he said “Change”, We all should have asked. What kind of Change.

    Change back 2012!

    • June 29, 2011 at 3:18 pm
      youngin' says:
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      Actually, he ran on changing the health care system. Which he did. Please point out which part of this was a surprise.

      • June 29, 2011 at 3:30 pm
        Jim says:
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        I didnt hear anything about taking over the healthcare system when he ran! I think that might have been mentioned on the Huffington Post or at one of his SIEU rallies he spoke at. I must have not heard him say he was going to use any legal measure at all to get the 2600 page bill that no one had read, that we had to vote on before we found out what was in it to pass. I didnt hear him say anything about that in the fall of 2008.

        Everything this so called President does is a surprise!

        I did hear that when he was elected that no lobbiest would be allowed in the White house, I guess the SEIU or George Soros didnt count and that this would be the most transparent administration in history. LMAO…….. How about the visits he is selling to the whitehouse to for his reelection dinner. or his meetings across the street with every lobbying firm in Washington.

        • June 29, 2011 at 3:48 pm
          agent says:
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          Actually, I have seen the tape of him saying during the campaign that he favored the single payer government run health care system. He also said that under his energy policy that energy prices on gas and electricity would necessarily skyrocket. Why wasn’t he called out on these things? How could America have been so stupid not to take him at his word? The answer was that he was a smooth talker and Republicans nominated the worst candidate in history to run against him. Mr. Reach Across the Aisle McCain was nothing more than a RINO elitist and could not debate his way out of a paper bag.

    • June 29, 2011 at 3:43 pm
      agent says:
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      He is stupid to think that the American People will stand for this. The fight is not over yet and if we elect any of the Republicans running, this bill will be repealed within a day of them taking office. I think many people were not paying attention when Obama said in the campaign that he would fundamentally change America. They thought he meant for the better and it was the exact opposite with all his Socialist ideas and actions.

  • June 29, 2011 at 3:33 pm
    Sam says:
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    You can always tell where IJ stands with regards to this issue. It really is a shame.

  • June 29, 2011 at 3:55 pm
    Sarah says:
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    All I can say if you thought that November of 2010 was a romp! just wait until November 2012. The only democrat in congress will be sweeping the floors at night.

    I for one will be attending many TEA party rallies and definately getting those people who still believes America should be free from an oppressive Governement out to vote!

    I since a ground swell larger than that of last year coming!

    • June 29, 2011 at 4:12 pm
      youngin' says:
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      I believe that America should be free from an oppressive Government! If the RNC actually could manage to nominate a true small government conservative I would seriously consider voting for him or her. Mitt Romney ain’t gonna cut it, though.

      • June 29, 2011 at 4:28 pm
        agent says:
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        I agree youngin. We don’t need another RINO running this time who thinks they have to reach across the aisle. Everytime McCain reached across the aisle, Conservative principles went out the window and more spending on wasteful programs resulted. Try this one on. Perry/Bachman or Bachman/Perry. They have what it takes and as Michelle said the other day, she has a Titanium backbone.

      • June 29, 2011 at 5:00 pm
        Little Frog says:
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        I agree in spirit, but I’m not counting on the RNC for anything but SSDD. That’s how we got Gerald Ford, both Bushes and McCain. The one and only thing that’s genuinely different this time is an energised and well informed base of “conservative” voters determined to restore a fundamentally limited government that protects an environment in which its citizens can flourish according to their own enterprise.

    • June 29, 2011 at 4:25 pm
      agent says:
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      Sarah, I saw something today that was encouraging to our side. The Rasmussen poll said there was a 7 point gap between Republicans and Democrats for the House and Senate. If this holds, the shellacking of last November will look mild by comparison. I wonder how many of the Democrats think they can ride this President’s coat tails in Nov 2012. I think Perry/Bachman or Bachman/Perry would be an awesome ticket. It is time to reclaim the country we love.

      • June 30, 2011 at 9:39 am
        Sarah says:
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        Being a conservative woman in this country is a very bad thing right now. The Democrats are the most discriminating people around. Just look at how they have tried to make being a traditional woman a bad thing. A conservative woman running for office must wear a suit and tie and short haircut and be rude before they would cut them any slack.

        The media will kill Bachman or Palin. Not because they are a flake but because they are so scared that they would be the first female president before Hillary Clinton. They never called her a flake, a whore or performed any gotcha journalism on them. It is a real shame that all the feminist groups never will back up a conservative woman when they are politically attacked just because they are a woman who happens to be a conservative.

        Romney /Gingrich is the ticket.

  • June 29, 2011 at 4:46 pm
    Tony says:
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    The Constitution Reads; “WE THE PEOPLE” that is a misnomer according to current philosophies, it should be “WE THE GOVERNMEMT”

    • June 29, 2011 at 5:00 pm
      agent says:
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      The worst thing that can be said to the average citizen is someone calling them and saying they are from the government and they are here to help. We have seen what kind of help they provide. Spending the country into bankruptcy, desiring to tax us out of existence, wanting to run our healthcare and regulate everything we eat, say or do. My friends, that is not America and this must stop.

    • June 30, 2011 at 7:25 am
      wudchuck says:
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      i love it that you remind us that it does say “we the people…” it also states i have the right to pursue my own happiness, basically so long as i don’t infringe on someone else’s. so if my happiness means not to go to the hospital except for an emergency, then i will live quietly and every now and then, get up and find that fishing hole for my own tranquility.

  • June 29, 2011 at 8:43 pm
    D says:
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    The Appelate court seems to know that a system where only those who need insurance buy it is a bad thing, unlike a lot of the so-called insurance people who post here.

  • June 30, 2011 at 9:46 am
    Bill says:
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    D, There is no since in trying to talk logic to a liberal. Lets wait until 2012 and we will see what happens to your healthcare bill after that.

  • June 30, 2011 at 10:41 am
    Jim says:
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    “D” stands for Dumb!

  • June 30, 2011 at 11:25 am
    Eric Blair says:
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    All this silliness is just a halfway step.

    Any civilized nation provides healthcare to everyone within its borders, period.

    The rich don’t get, and shouldn’t get, better protection by the military, or better roads, why should they get better healthcare? It’s not, or shouldn’t be, a business, an industry or a profit center but instead provided, like defended borders or paved roads.

    • June 30, 2011 at 1:57 pm
      Jim says:
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      Eric Blair, You have to be kidding me? You honestly think that every country should provide healthcare to ever citizen within its borders? How about Beer? or maybe a car? How about a paid vacation each year? I would really like a swimming pool for my home, how about that?

      YOU LIBERALS NEED TO GROW UP AND DO SOMETHING FOR YOURSELF INSTEAD OF POUNDING THE CLASS WARFARE DRUM!

      • June 30, 2011 at 3:06 pm
        agent says:
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        Jim, You can’t reason with a committed Progressive Liberal who thinks the government should provide everything from cradle to grave. The so called civilized countries he cites who provide healthcare for everyone within their borders are all close to or already bankrupt. Britain and Cuba has laid off hundreds of thousands of healthcare workers because they are broke. Greece has riots in their streets daily because they are entitlement broke. Eric thinks we should provide this entitlement in the US even though we are broke already. We could have riots too if it continues much longer.

  • June 30, 2011 at 1:52 pm
    Tar says:
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    This is certainly a victory for “nationalizing” America and Obama’s social transformation of America!
    Barack Hussein Obama renders the U.S. Constitution insignificant. His agenda is clearly marxist. Afterall
    He was influenced and taught by Frank Marshall Davis and espoused Saul Alinsky’s ideology. Another 19 months of this radical socialmarxist narcissist, do a lot of damage. Imagine what he could do if re-elected???

  • June 30, 2011 at 2:24 pm
    LaManchaDQ says:
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    How can the appeals court think that the commerce regulation clause is applicable? If an individual decides not to engage in commerce (opting out) the cited clause could not possibly apply.

    The only way that it could apply is if the appeal court also assumes that the individual will otherwise engage in commerce with a company that is also engaging in interstate commerce. The court and the underlying law is tacitly wrong if that assumption is made.

  • June 30, 2011 at 3:55 pm
    Stephen Tallinghasternathy says:
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    This is great. It was a conservative court that made this decision, and one of the justices who upheld the constitutionality of the mandate was appointed by GW Bush and clerked under Scalia.

    My confidence has been boosted that the Supreme Court will uphold the Affordable Care Act.

    • June 30, 2011 at 4:16 pm
      Fred says:
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      Wrong! Ronald Regan appointed him and this judge is not known as conservative. Just as Supreme Court Justice Anthony Kennedy was nominated by Regan as well. Unlike Liberals conservatives do not litmus test to nominate and they have an unfounded faith that they will not legislate from the bench or nominate solely for political reasons. (I guess he was wrong)

      James L. Graham (born 1939) is a United States federal judge.

      Born in Columbus, Ohio, Graham received a B.A. from Ohio State University in 1962 and a J.D. from Ohio State University College of Law that same year. He was thereafter in private practice in Columbus until 1986.

      On August 15, 1986, Graham was nominated by President Ronald Reagan to a seat on the United States District Court for the Southern District of Ohio vacated by Robert Morton Duncan. Graham was confirmed by the United States Senate on September 25, 1986, and received his commission the following day. He served as chief judge from 2003 to 2004, assuming senior status on August 31, 2004.

      Like most district judges, Graham serves with the Court of Appeals on a rotating basis. While serving with the Sixth Circuit Court of Appeals, he supplied a dissenting opinion on a decision upholding the Patient Protection and Affordable Care Act mandate to purchase health insurance.[1]

      • June 30, 2011 at 4:52 pm
        Stephen Tallinghasternathy says:
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        Fred, you are absolutely wrong. You don’t even understand what you wrote. Read your last paragraph: Graham (the Reagan appointee) was the dissenting vote.

        “Judge Jeffrey Sutton, one of the judges who voted to uphold the act, clerked for Scalia, and was nominated by George W. Bush.”

        That is from conservativetimes.com. Here is a link: http://conservativetimes.org/?p=9185

        Can I suggest getting hooked on Phonics? Or getting an English tutor?

      • June 30, 2011 at 4:54 pm
        Stephen Tallinghasternathy says:
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        Do you know what “dissenting” means, Fred?

  • July 1, 2011 at 9:48 am
    Sarah says:
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    Stephen, you seem like a logical person. May I suggest you read the US Constitution. Forget about your activist judge for one second. Any person with any common sense would come to the conclusion that this law is most definately contrary to the spirit of which the document had been written. I have taken multiple classes in Constitutional law. You can look at one area of the Constitution and find one thing and another area find another. We must ask ourselves a few questions.

    What is the purpose of the US Constitution?
    Does the Constitution state that the Federal Governement is to provide or promote the General Welfare of the citizens?
    Does that mean healthcare?
    Then you must ask, Is this situation applicaple to what the founding fathers really meant?

    This is a time to be honest with ourselves, and not use partisan ideology. This will have far reaching financial and medical consequences for our children and grand children.

    Our healthcare system is the very best in the world. What will happen when there is very little profit in research and development and people do not go into healthcare as a profession?

    • July 1, 2011 at 11:25 am
      agent says:
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      Sarah, The Progressive Liberal crowd are assaulting the Constitution on a daily basis. They think it is outdated and should be interpreted to fit their agenda. Our Pretender in Chief has criticized it saying it is a law of what we can’t do, not what we can do. Guess what Mr. President. Most of the laws passed to govern citizens state what is against the law and the penalties for breaking the law. If we don’t have the rule of law, we have anarchy. The Constitution is the law of the land. Yes, it has been amended many times to adjust to changes in our society, but it was never intended to promote a socialist agenda to provide healthcare to all the citizens. We now need a balanced budget amendment if we are ever to get the over spending issue under control. Should be quite a fight, but there is growing sentiment to get this done.

  • July 1, 2011 at 2:17 pm
    SeriouslySane says:
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    Nothing operated by any government is cost efficient.
    Nothing operated by any government is inexpensive/affordable.
    Nothing operated by any government is administered professionally.
    Nothing operated by any government is fair.

    This is NOT over. The GOP will concentrate in 2012 on local/state elections and if it happens that the Big Jerk in the White House is re-elected [never discount that, he is from Chicago] he will see his program repealed and his veto of that repeal overridden.

    • July 5, 2011 at 10:27 am
      agent says:
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      Great Post Seriously. You are absolutely right. The politicians expect the citizens to believe that healthcare will be more cost effective and efficient if only we accept Obamacare. They certainly don’t have a track record of efficiency or cost savings on anything, otherwise we wouldn’t be 14.4 Trillion in the hole with trillion dollar deficits as far as the eye can see. They don’t do anything about the incredible fraud and waste in Medicare, Medicaid or any other government program yet they want us to go along with them and pay more taxes to support the government. That is why we need huge spending cuts and paring back all departments, agencies and their wasteful programs so we can get back on track.

  • July 5, 2011 at 10:58 am
    Sarah says:
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    I want to know what is Obama’s plan to cut into our National Debt, Besides the 3 billion of tax breaks for jet companies. I mean we are 14.5 Trillion in debt, of which Obama has added 5 trillion to since he has been in office. OK Liberals, WHERE ARE YOU GOING TO CUT? LMAO! THIS IS HILLARIOUS WHATCHING LIBERALS EXPLAIN BUDGET CUTS! ……. I HEAR CRICKETS…CHIRP….

    • July 5, 2011 at 11:55 am
      agent says:
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      They do have a plan Sarah. Increase taxes on small business, entepreneurs to pay for their lavish spending programs. They have no plan to cut wasteful spending which is the crux of the problem. The plan should be to cut spending drastically and then look at the tax code to eliminate many of the loopholes that allow companies like GE to pay 0 tax. Everyone should have some skin in the game and government should lead the way by cutting discretionary spending and entitlement reform. I don’t think they have the courage to do either and would rather demagogue each others plan. They also could tell companies who have a lot of money in foreign banks to repatriate their money at a very low rate so they will bring it back to the US and create some jobs. Right now, there is no incentive for them to do so with a 35% corporate rate.

  • July 5, 2011 at 1:45 pm
    MFM says:
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    The Virginia attorney general, in his lawsuit opposing Obamacare, pointed out that what the federal government is now claiming as its right was something that even King George III of England did not claim as his right with the American colonists. Are we really to believe that the Constitution’s commerce clause is the support for this? Congress has the right to “regulate” commerce in the sense that it makes commerce “regular” between the states – not that it can promulgate dictates not even claimed by royalty!

    • July 5, 2011 at 2:47 pm
      agent says:
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      The current President thinks he is royalty and that he has the right to “dictate” to the American People his vision of Social Justice. The only problem with that is that the Constitution set up 3 branches of government who were separate, but equal. The Executive branch is not more equal than Congress or the Courts. He is going to find that out in the next 2 years and will be sent packing.

      • July 6, 2011 at 3:15 pm
        GregCW says:
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        I certainly agree and fervently hope that you are right!!!!

        • July 21, 2011 at 12:34 pm
          Skeptical says:
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          There is a new term to this President’s policies if they continue without challenge. OBAMAGEDDON! The lemmings are following him over the cliff without thought about the consequences. Politicians who were the followers when the bill passed paid a price last November and it was a huge shellacking. The ones left in the Senate and House will be gone in 12 along with the Pretender in Chief.



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