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Taking "Obamacare" to Court
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| Challenging the Constitutionality of Obama's Health Care Reform Law | |||||
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Is the new federal health care reform law (a.k.a. President Obama's signature legislative achievement: “Obamacare”) unconstitutional? Many state attorney generals and governors (19 Republicans and 1 Democrat) think so, and have joined Florida Attorney General Bill McCollum as plaintiffs in a federal district court lawsuit: State of Florida v. U.S. Dept. of Health and Human Services. The various state leaders are challenging two main provisions in the law: the requirement that all American citizens purchase health insurance or face monetary penalties, and the expansion of Medicaid to include low-income recipients. In a 65-page opinion published October 14, 2010, Federal Judge Vinson officially rejected the U.S. Justice Department’s motion to dismiss the Florida lawsuit; a full hearing on whether Congress went beyond its powers to regulate interstate commerce, and tax and spend for the general welfare, when enacting the law is set for December 16, 2010.
Judge Vinson, a Reagan appointee, questioned the government’s authority to force people to buy insurance from private companies solely because of their citizenship, rather than a choice to partake in an activity (e.g. having to purchase car insurance because one chooses to own and operate a vehicle). He also shut down the Justice Department’s argument that the legal mandate is a “tax” which Congress has the ability to impose, as Congress had explicitly stated that the fee was a “penalty” when debating passage of the bill. Judge Vinson wrote that the Justice Department was essentially circumventing the safeguard of checks and balances when taking an “Alice in Wonderland” approach to arguing Congress’ intention in passing the law.
At the upcoming December hearing, Judge Vinson will also allow the states to present arguments about whether Congress is overstepping bounds on state sovereignty by expanding Medicaid to include low income, as well as poor, recipients. The plaintiffs argue that such an expansion could corner states into spending billions on what is now a voluntary federal-state partnership.
The Florida lawsuit is among at least 15 legal challenges to the recently-enacted federal health care reform law which may likely find their way to the U.S. Supreme Court, as judges differ on the issue of federalism vs. state power. George C. Steeh, a Michigan federal judge appointed during the Clinton-era, upheld the constitutionality of Obamacare in early October, finding that the insurance requirement is an acceptable activity affecting interstate commerce. On October 18, 2010, a Virginia federal judge heard arguments about the law’s constitutionality during a summary judgment hearing in another case, Commonwealth of Virginia v. Kathleen Sebelius, which he plans to decide by the end of the year.
Requiring citizens to purchase health insurance or face fines is not unheard of. Massachusetts enacted such a law in 2006 to combat the widespread use of public funds to cover uninsured doctor and hospital visits; people who cannot prove that they had acceptable coverage on their income tax returns must pay fines. The problem is not the law itself then, but the legal precedent set regarding federal authority.
As these cases make their way through the court system, with less than four years before the health care reform law becomes effective, checks and balances in America will be put to the test. Regardless of the outcome, the best thing is not to get sick in the first place. Notwithstanding the fact that most basic insurance premiums are focused upon pharmaceutical, laboratory and surgical coverage and generally do not cover alternative, preventative treatments, insurance is just a “tax” if you stay healthy. Hopefully insurance companies will one day reward those who act preventatively before high-cost care is needed, and start regularly covering “the little things” that keep us healthy like supplements, massage, and acupuncture. Bottom line, health is the greatest wealth and the ultimate freedom, so do everything you can not to need to use your health insurance.
To learn more about the Obamacare law, officially H.R. 3590 “The Patient Protection and Affordable Care Act,” see:
References:
© 2010 - 2011 Heart MD Institute, PA |
On December 1, 2009, a panel of experts gave a 65-minute presentation at Columbia Law School entitled "Wireless Hazards." This presentation provides a great overview of the issues of potential health effects of cell phone use and the need to revise current safety standards.
Pathology (becoming ill) is really a form of dis-ease that emerges from chaotic imbalance of mind, body and spirit. Heart disease frequently results from this disturbed relationship. When considering any illness, diagnosis or treatment, it's important to focus not only on the disease and the physical dysfunction created, but also on the human operational planes - the physical, metabolic, emotional, mental, and even the spiritual.
- Heartbreak and Heart Disease
