Inactivity My A$$: Judge Dismisses Key Argument Of Health Care Reform Foes

[kpete]

Source: Talking Points Memo

Oral arguments are over in the highest profile lawsuit challenging the constitutionality of President Obama's health care reform law. So the new parlor game for observers and stakeholders is identifying key moments from Wednesday's proceeding in Atlanta that indicate where the Eleventh Circuit Court of Appeals may be headed.

The three-judge panel in the case, brought by 26 mostly Republican states and others, posed tough questions to both plaintiffs and defendants and made it clear they found merit in arguments from both sides. But in a brief exchange with plaintiffs' attorney Paul Clement, one of the judges -- Bill Clinton appointee Frank Hull -- dismissed one of health care reform foes' key arguments out of hand.

Specifically, Hull cast aside the plaintiff's claim that by compelling non-participants in the insurance industry to buy health insurance, it regulates "inactivity."

"This case comes down somewhat to whether or not the decision -- because you are making a decision, and let me put aside activity and inactivity. Don't call my economic decisions I'm making inactivity. I consider it inactivity. The activity/inactivity (distinction) doesn't help me



Read more: http://tpmdc.talkingpointsmemo.com/2011/06/inactivity-my-a-judge-dismisses-key-argument-of-health-care-reform-foes.php?ref=fpblg

[SpiralHawk]

1. Oh well. At least Republicons are active with the inanity thingy

They should get full crudit for that.

[Atman]

2. I believe living and breathing is "activity," is it not?

Some might be sedentary, but if even if they're just driving to the 7-eleven for a pack of Ho Ho's, they are impacting society, they are by the nature of their existing, "active." Someone pays for the roads they use, someone pays when the "inactive" person has a heart attack from all those Ho Ho's and winds up in the ER.

That's the way I see it, but then, I'm not a judge.

.

[MisterP]

3. so we're OK with Romneycare/Ryancare selling us to the insurers?

[christx30]

4. The government's fine

is way the heck less than what health insurance would be for me and mine. So I'll just pay it until something happens. Then I'll just buy insurance (because they won't be able to reject me for preexisting condition), use what I need, then drop them like a pair of latex gloves after a prostate exam.
When the law is written as badly as it is, there are ways to exploit it.

[louis-t]

5. This judge and Don Rumsfeld learned English from

the same guy.

[christx30]

6. Somehow

this country has existed for over 200 years without giving the government the power to force us to buy things that were in our best interests.
If we give this power, what else could we be forced to buy? Electric cars? Gym Memberships? How much power are they are going to request or demand to deal with people that refuse to comply? SWAT teams for people that won't stop smoking?

Forcing people at the point of a gun to buy insurance is a piss poor idea at best. Fascism at worst.