Health reform lawsuit appears headed for Supreme Court

[Hoosier Daddy]

Source: Politico

The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.

The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election.

The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law’s requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals.

Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. Administration lawyers didn’t file the paperwork by the 5 p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.



Read more: http://www.politico.com/news/stories/0911/64475.html

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The administration isn't required to file until this November, and, even then could ask the SC for an extension.

[Bigmack]

1. Yeh, the IDIOT AG here

in Washington, who is now running for governor, is part of this lawsuit. Aggggggg...... Ms Bigmack

[SoapBox]

2. Oh my...I'm not sure what to think about this.

[CBHagman]

3. And this is where I remind everyone that Virginia Thomas...

...married to You Know Who, is involved in attempts to repeal the Patient Protection and Affordable Care Act and indeed has a financial stake in it.

http://voices.washingtonpost.com/44/2011/02/house-democrats-say-justice-th.html

http://www.politico.com/news/stories/0211/48812.html

[Hoosier Daddy]

4. Cripes! If Politico is reporting on it.....

she must doing something uber-illegal!

[davidthegnome]

5. The only thing I find questionable

Is the absolute mandate. I'm not sure it's unconstitutional to require people to have health insurance (or face financial/legal penalties, ultimately)... yet I'm very doubtful of all the claims that those who can't afford it will receive vouchers that actually supply health care. In the Nation that gave us the tea party cheering: "Let him die." Of course, those are just the right wingers who will say it out loud, there are plenty more that won't, but think it.

So on the one hand, millions of people who don't want others to be "given a free ride on their hard earned tax dollars", a fed that is in deep financial distress... states even worse off...

On the other hand, I'd really like to have health insurance, as I'm sure millions of others without it would too.

I'm not crazy about the reform and everything it does... but there are some positive aspects. Primarily, no denial based on pre existing conditions and insurance for... well, almost everyone - though I'm still not sure how we can make it affordable. It's better than nothing.

I just find it amusing that all these tea baggers and nitwits are shouting socialism when this is anything but. In real socialism, we wouldn't have to have this debate at all.

[Hoosier Daddy]

7. Socialism: The most misused word of the past 3 years

Using teafuck definitions, almost all of our NATO allies are "socialist" countries.

[Admiral Loinpresser]

10. I wish there were some socialism in Obama care.

It's primarily a bill loaded with corporatism, as far as I can tell. I hope the 11th Circuit decision stands. It's financially better for me if Obamacare is defeated, because I'm currently uninsured.

[Hoosier Daddy]

12. Clarification

In no way, shape or form am I saying there is anything wrong with true socialism! :-)

[Admiral Loinpresser]

13. That's fine. Perhaps we agree

that socialism is what we desperately need right now, with a healthy dose of public education. ;-)

[Dragonfli]

15. People forget it's history (or are too young), brain child of the Heritage Foundation, championed by

Newt Gingrich as the business first "alternative" to "Hillary Care" in the 90's, it took them 20 years and purchased politicians on both sides of the aisle for the Heritage Foundation to win this battle, but they finally did.

It was a bad Idea when I heard Newt first talk it up and it is an even worse idea now that the Insurance Companies have proven they will kill by refusing to pay for care any chance they get. It also means that those that are blue collar, while they will have insurance that they can't afford will not likely be able to pay the co-pays to use it. There will be less health care, not more, it is designed to keep people from using it due to lack of money.

We needed health care, not Insurance designed not to be used.

[area51]

20. +1

We needed single-payer health care, what we received is GingrichCare.

[Muskypundit]

6. I love most of obamacare.

But the problem is with no public option and no price controls I am not going to be able to afford it, and I will be breaking the law. And I have no faith in vouchers. Am I really supposed to believe that those vouchers will be available when we can't even promise social security anymore?

[Kennah]

8. I too have concerns about the mandate

I mean if you're among the growing ranks of the homeless, the indigent, or anyone below the poverty line, forget it. You're getting fined.

[eomer]

18. I don't think that is correct. There are some rules, aren't there, about who is required to pay?

What are those rules?

[Kennah]

22. That's a good question, and perhaps in time more details will come out.

I know that I have continued to learn new things about PPACA over time. I mostly like what I learn.

[Vinca]

19. Wouldn't they be put on Medicaid?

[Kennah]

21. I'm not sure. Is Medicaid considered an acceptable "insurance" program?

[Kennah]

9. I would like the SCOTUS to address it before November 2012

Don't know if that will happen, but win, lose or draw I think it can only help Obama.

[eridani]

11. Half of HCR is mandated insurance for those of higher income.

The lower income people are supposed to be helped by greatly expanding Medicaid. Yet Obama is strongly recommending slashing Medicaid, thereby undermining his own legislation.

[Admiral Loinpresser]

14. What happened to the 2008 Obama?

Didn't he promise that our safety net was off the table? Now he's putting it all on the table, as far as I can tell. How much of the safety net/New Deal is acceptable to sacrifice?

Not one penny, until he gets the fuck out of Afghanistan and breaks up the Wall Street bailout corporations. That's why I'm switching to independent. Fuck Obama and his wars!

[Dragonfli]

16. I believe 2008 Obama was nothing more than a facade designed to gain votes

The actual Obama agrees with most of this (link below) as "Job Creation" making him more right wing than left.

http://www.uschamber.com/sites/default/files/110905_jobs_letter.pdf

[Name removed]

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