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Can States really "Opt Out" of the HCR laws?

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Political Heretic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:38 PM
Original message
Can States really "Opt Out" of the HCR laws?
Some dumbass Republican said that 30 some states already had pending legislation to opt out of insurance reform....

Now, I'm included to assume that's a lie.... but anyone have any information on this.

Any sort of "opt out" ability was not something I caught in studying the legislation. That would be a big freaking nightmare.
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:38 PM
Response to Original message
1. No.
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xultar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:39 PM
Response to Original message
2. I've heard the same. Good question.
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:41 PM
Response to Original message
3. it should setup a hell of a fight when they do
several states are planning to 'opt out' because of not only the mandate...but also because the states are going to have to shoulder a heavy load financially...

should be fun.

sP
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brewens Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:42 PM
Response to Original message
4. My state, Idaho, has done that. Passing stuff that is unconstitutional
to grandstand is nothing new here. Hard telling how it would play anyway. What percentage of the uninsured in Idaho would end up being glad they weren't allowed in?
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IDemo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:42 PM
Response to Original message
5. Idaho's governor signed opt-out legislation already
And there are 35 or so other states considering similar legislation. It's a meaningless gesture - federal law supersedes state law in any case.
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Political Heretic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 11:05 PM
Response to Reply #5
8. Ok that's what I thought Thanks
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charlyvi Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:46 PM
Response to Original message
6. The Constitution gives the federal government the right to legislate commerce.
The Commerce Clause. Health care legislation would fall under this clause. As did the Civil Rights legislation passed in the '60s.
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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-21-10 10:47 PM
Response to Original message
7. the courts will decide that but odds are that those states are going to lose
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