Obama files first defense of health care law in Detroit court

[BeatleBoot]

Source: Associated Press



Washington -- Critics who allege that Congress overstepped the U.S. Constitution by requiring Americans to carry health insurance are "flatly wrong," the Obama administration said Wednesday in its first court defense of the landmark health care law.

Congress acted well within its power to regulate interstate commerce and to provide for the general welfare, Justice Department lawyers argued in a 46-page brief filed in federal district court in Detroit. For the courts to overturn President Barack Obama's signature domestic legislation would amount to unwarranted interference with the policymaking authority of Congress, they added.

The case could go all the way to the Supreme Court, since more than a dozen state attorneys general have also filed suit against the legislation on broadly similar grounds. Cases are pending in federal courts in Virginia and Florida, raising the possibility that different appeals courts could issue conflicting rulings that the Supreme Court would have to resolve.

The requirement that most U.S. residents carry health insurance starting in 2014 is central to the law's goal of coverage for all.






Read more: http://www.detnews.com/article/20100512/POLITICS03/5120430/1022/Obama-files-first-defense-of-health-care-law-in-Detroit-court

[jobwithout]

1. Utter Bullshit

No one should be forced to buy insurance from an insurance company.

[FrenchieCat]

4. Like I want to pay for your fucking bill if you're not insured and need care.

FUCK THAT!

Those who can afford health insurance and don't buy it,
ain't got shit to say about mandates. If you can't afford it,
there are big ass waivers and subsidies.

I'm tired of the whiny shit.
Insurance ain't free....
and mandating is the only way it can be made affordable for everyone....
so tough shit!

[Cal Carpenter]

13. 'Big ass waivers and subsidies'

The federal government has a pathetic history of determining what is 'affordable' to people, and today's law looks no different.

Big ass waivers and subsidies? Do you really believe that?

Be real.

[Donnachaidh]

21. mandating can make it AFFORDABLE? Bwahahahahahaha!!

What an absolute CROCK of shit.

downright Orwellian logic :rofl: :rofl: :rofl:

Doubleplusgood Comrade :rofl:

[jobwithout]

25. Im sure you dont pay any of my bills.

I doubt you can afford to pay your own and that will get worse with the mandated governmnent sponsored money grab being made by the insurance company.

[elias7]

18. I treat 1 in 6 patients in the ER for free

If you are not forced to buy insurance, how do you expect to pay a bill you can't afford?

You can pay the $595 fine from the government if you don't get insurance, unless of course you are under 133% of the poverty line, in which case you pay less or nothing at all. Of course Uncle Sam will help you buy insurance even if you are up to 300% over the poverty line. Until we get single payer or public option, what do you expect?

[Kringle]

2. can they force me to buy a car? nt

[FrenchieCat]

5. Well I ain't buying you one......

and I ain't gonna be paying for your care either,
if you get hit by a car and don't have insurance.
If you don't believe in mandates, than if it ever happens
that you are ran over by a car,
just stay your self in the middle of the street,
and keep your moaning way down....cause I won't want to hear it.

[Kringle]

11. what others items, can Congress force me to buy? nt

[rocktivity]

8. Nobody is MANDATED to drive, and if you CAN drive

you have the options of renting, leasing, or borrowing a car if you can't or don't want to own one.

However, you cannot be mandated to remain healthy.

But if mandates are ruled unconstitutional, all the Dems have to do is invoke Medicare for all.

:headbang:
rocktivity

[demosincebirth]

26. No, but if you do buy one, you have to buy insurance to register it.

[AlbertCat]

3. If everyone was just granted Health Care, that would solve the problem sans insurance.

But then, we all know that.

[FrenchieCat]

6. It still wouldn't be free.

[Iliyah]

10. If you drive

a car it's mandatory to have at least liability insurance here in California. That requirement protects the driver as well as the other driver, bicyclist or pedestrian.

Sure you don't have to have coverage but if you get cited for not having car insurance, you lose your license (which does not stop people from driving anyway). If you are involved in an accident which caused harm, properly damage or deaths and you don't have coverage, then they can go after your assets, and if none, then they can pursue default.

Medical costs are over the charts and one of the reasons besides the greed of the insurance companies, we the people do cover the uninsured. People who don't qualify for government medical coverage such as medi-cal, and are not old enough for medicare, the government helps out to a certain extent. I think it wrong to charge the insured for the uninsured but thats the system right now. If people can afford insurance then they should have no problems, the ones who cannot, then the government kicks in to help.

This in the long run will help keep the medical cost down and make it more affordable.

Medi-Cal, Medicare, Medicaid programs went thru the same type of oppositions and lawsuits. Looks like the majoirty of the tea baggers who are fighting this has one of the three government assistant medical programs. Go figure.

[TomCADem]

20. CBO Estimates That It Will Reduce The Number of Uninsured By 32 Million

The CBO and the staff of the Joint Committee on Taxation (JCT) estimate that enacting both pieces of legislation will produce a net reduction in federal deficits of $143 billion over the 2010-2019 period. Its a good bill.

[bemildred]

7. A tax funded universal non-profit health care system is OK with me.

And entirely constitutional too.

[jtrockville]

14. I hope that is what results from this challenge. I'm all for it.

[TomCADem]

16. There Are Some People Still Challenging The Legality Of An Income Tax

Why not challenge this health care law? Also, if the Court's are willing to strike down this law, why not environmental regulations? Why not energy efficiency requirements? If you have some endangered species on your property, why should the big bad federal government prevent you from building where you damn please? Its tyranny!

:)

[northernlights]

9. so regulating interstate commerce now includes forcing us to buy shitty, useless products from

private corporations? Great.

Just like Obama wants to "trick" us into investing in the mutual fund casino (where, according to the founder of Vanguard Investments, 80% of the "profits" on an 8% "return" will go to fees and taxes, netting a 1.6% return with no FDIC insurance, but netting the mutual fund companies tons of profits from fees for this, that and everything) via default IRAs (good luck opting out, btw. they pay the CSRs to wear you down and keep you enrolled). Gotta keep the Banksters in business and end social security "entitlements" -- you know, that wasteful program that some of us have paid hundreds of thousands of dollars into...

Here's an idea. Lets mandate that the homeless purchase homes. We'll provide subsidized down payments and mortgages for those that "can't afford" the homes. Need to prop up those RealtOrs, ya know. And provide for the "general welfare" by ending homelessness.

Thought you were happy biking to work...or working from home? Let's force walkers and bicycle riders to buy GM or Ford cars. Gotta help GM pay back the rest of the TARP money, you know. And provide for the "general welfare" by ending carlessness.

And while we're at it, let's force everyone to take an out-of-state vacation to a tourist area. Tourism has been hurting for years now.

This is so NOT THE CHANGE I VOTED FOR. x(

[golddigger]

12. +1

[inna]

15. +1,000

[TomCADem]

19. You Already Pay For The Mandate Through Taxes Paid For County ER

This is why such services are often being cut, because they can't handle the huge growth in uninsured seeking medical care in ERs. The fact of the matter is that the "mandate" is subsidized to the point that it almost makes sense to simply pay the fine, then enroll when you are sick.

Sweden has a similar mandate to purchase private insurance that is heavily regulated.

[Iowa]

23. I agree with most of what you said...

But this part doesn't strike me as accurate:

"Just like Obama wants to "trick" us into investing in the mutual fund casino (where, according to the founder of Vanguard Investments, 80% of the "profits" on an 8% "return" will go to fees and taxes, netting a 1.6% return..."

I have read much of what Jack Bogle, Vanguard's founder, has written. I doubt that he ever intended to leave the impression that mutual funds were a casino, or that investors should expect to net a 1.6% return - or anything remotely similar. He certainly bashes companies that fleece their clients, and there are plenty of those out there, but anyone who pursues even a minimal amount of self-education wouldn't allow themselves to be conned into paying ANY sales commissions (loads) or excessive annual expenses. That's just investing 101. The annual expense ratio on Vanguard's mutual funds run at roughly two-tenths of one percent! And there are no loads/commissions. None. I know, because I hold a considerable portion of my assets at Vanguard and have for many years. Index funds can be purchased at other companies for similarly low expense ratios and without paying any sales commissions. And regarding taxes... if anything, taxes should be higher on high income investors, not lower, IMO. The top tax rates on capital gains are ridiculously low. And taxes are deferred altogether on most retirement plans.

Jack Bogle has been advising investors to invest in low-cost, no-load mutual funds for many years, and he's right, IMO. I have made a lot of money doing so, and I advise my adult children to do likewise (and they do). You must know what you're doing, but there's a ton of good educational material out there for free at the local library. Eric Tyson's Personal Finance book is a good one that comes to mind.

I'm curious to know how Obama is trying to "trick" people into investing in mutual funds. I don't doubt for a moment that he's shilling for corps (I have lost all faith in him), but I must have missed his mutual fund sales pitch.

Anyway, I share your frustration with Obama, but I have considerable experience with mutual funds and I continue to invest in them and I continue to make money. You must know what you're doing, but if you avoid common mistakes (and actually, Jack Bogle has written some very good stuff about doing it right), mutual funds can be a great place for average people to access the financial markets.

[snooper2]

24. Do you have health insurance now?

...

[inna]

17. Maybe it *should* go all the way to the SC. That might give the parasitic insurance industry

(and their lackeys in the Congress) something to think about. :shrug:

[Donnachaidh]

22. It certainly would get the information out to the public about the Insurance Profit Protection Act.

With the incumbents starting to have problems in primaries, perhaps these geniuses in Congress will change their depends and grow a spine and demand dingle payer, rather than this gift to corporate campaign donors.