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Appeals Court Strikes Down Health Overhaul Requirement That Most Americans Must Buy Insurance

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ProfessionalLeftist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 10:28 PM
Original message
Appeals Court Strikes Down Health Overhaul Requirement That Most Americans Must Buy Insurance
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cheapdate Donating Member (197 posts) Send PM | Profile | Ignore Fri Aug-12-11 10:33 PM
Response to Original message
1. It's anybodys guess how this will turn out.
I can see the mandate struck down, with the rest of the act left intact.
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glowing Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 10:46 PM
Response to Reply #1
2. Either that or a Public Option so that Americans who are denied or out-priced have
a last resort option. I'm hoping for a public option or buy into Medicare program.
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 11:17 PM
Response to Reply #2
5. A public option would have to be legislated
It could not be created by the Supreme Court. And with the House in Rethuglican hands, we will never have a public option, hell, we couldn't get it from so-called Democratic representatives.
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cheapdate Donating Member (197 posts) Send PM | Profile | Ignore Fri Aug-12-11 11:21 PM
Response to Reply #2
6. Public option would take new legislation. n/t
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Control-Z Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 11:44 PM
Response to Reply #2
8. It seems like
(has always seemed, to me) a Medicare option would be the simplest solution. The program is already in place and would only require adjustments. It may even prove to be an opportunity to strengthen the program for seniors and the disabled.
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JimDandy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-13-11 02:22 AM
Response to Reply #1
10. So here is my guess...
The supremes strike down the mandate on the basis of a "states' rights" argument, which argument also makes any potential mandate to participate in a nationwide "single payer" health system unconstitutional.

The result: Libertarian Rwingers win, Corporate Rwingers initially lose until individual conservative states mandate state-wide health insurance then they win big again and Libertarians lose, Democrats initially lose until individual liberal states set up mandatory participation in a statewide single-payer health care system then they win, and Obama simply loses.

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laconicsax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 10:47 PM
Response to Original message
3. Candidate Obama must be pleased
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kath Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 11:32 PM
Response to Reply #3
7. That's right - Candidate Obama hate, hate, HATED insurance mandates.
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catabryna Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 10:49 PM
Response to Original message
4. I started reading the 300+ page order/ruling...
Edited on Fri Aug-12-11 10:54 PM by catabryna
What I have read so far is quite compelling. It will be interesting to see how this plays out. Assuming a Petition for Writ of Cert is granted, we have a SC Justice who may have to recuse herself (Kagen). We have no idea which side is going to appeal and on what basis of law.

We all knew it would end up this way. However, I think the government's case is better, at least, at the time of this writing.

eta: I think the decision on the severability issue is correct.
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JimDandy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-13-11 02:28 AM
Response to Reply #4
11. Would you share the link to the ruling? n/t
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PoliticAverse Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-13-11 06:34 AM
Response to Reply #11
12. You can find the ruling here (.pdf):
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Major Hogwash Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-12-11 11:58 PM
Response to Original message
9. Doesn't matter, another appeals judge said that the requirement was legal.
So, you know where this is headed.
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KG Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-13-11 06:50 AM
Response to Original message
13. let it be struck down.
Edited on Sat Aug-13-11 06:50 AM by KG
HCR is a steaming pile of poo.
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