Turns out, Congress CANT mandate insurance

@laglen (19783)
United States
December 14, 2010 7:15am CST
US District Judge Henry Hudson in Virginia ruled that Congress REQUIRING citizens to hold health insurance is reaching beyond their powers. http://www.bloomberg.com/news/2010-12-13/u-s-health-care-law-requirement-thrown-out-by-judge.html I agree. This is one of the biggest problems I had with Obamacare. Do you agree with this judges ruling? Do you agree with the sates filing suits against the US Government? Was this the most important issue to you? Or another? the 1099? This affects my business so I would love to see them fix this.
1 person likes this
8 responses
@gewcew23 (8012)
• United States
14 Dec 10
Just an observation, when Federal Judge Virginia Phillips ruled that don't ask don't tell was unconstitutional, conservative condemned her ruling as the work of an activist judge. Federal Judge Henry Hudson rules that the health insurance mandate is unconstitutional and I don't hear a peep out of conservative saying that this is the work of an activist judge. Just an observation though.
2 people like this
• United States
14 Dec 10
I do think the judge who ruled don't ask don't tell was an activist judge. I feel it is unconstitutional to discriminate against someone for a job based on their partner perferences. This just is not an activist judge. Why? Because he was right. According to the law and the constitution the mandiate is illegal. So either drop the manidate or change the constitution. That is basically what the judge said...no matter how well meaning congress was in doing the mandate..they still have to operate within the confines of the law and the constitution.
1 person likes this
@Taskr36 (13928)
• United States
15 Dec 10
An activist judge is one who pushes a political agenda regardless of the constitution. Inventing a "right to abortion" was the work of activist judges. I disagreed with Judge Phillips, but I wouldn't call her an activist, just someone who disagrees with me as I understand how she came to her decision based on the constitution and her basis is one that many agree with even if I do not. This judge based his ruling on the constitution as well. There is nothing in the constitution giving the federal government the power to mandate that people buy health insurance. I have not been able to find a single person on the planet who can explain how it is constitutional no matter how many supporters I talk to. They don't care about the constitution if it doesn't support their agenda, they just want what they want.
1 person likes this
@laglen (19783)
• United States
16 Dec 10
gew - I am curious, in what way is he being an "activist judge"? He was actually doing his job - upholding the Constitution.
• Pamplona, Spain
14 Dec 10
Hiya laglen, But what happens if those People cannot afford to pay for Health Insurance? If they cannot even afford to buy a Days Food sometimes? They are like us except that they are stuck in a rut and cannot get any immediate help from anywhere. Do they fine them and drag them down even further or what? Well actually I imagine not myself but seeing as I don´t know those kind of Laws it´s more or less guesswork. It just came to my mind all those People who just cannot afford to pay for Health Insurance and there must be a good many like that all over the place.
@laglen (19783)
• United States
16 Dec 10
Yes you would be fined and possibly jailed. This would have been monitored by the IRS.
• Pamplona, Spain
17 Dec 10
Hiya laglen, So anyone who has no Health Insurance is in a real pickle then. I know there are some Doctors there who run a Practice for those kind of People. I have seen it in a couple of clips of Documentaries from some time back but those Doctors exist thank goodness. I don´t know who they are but without them those kind of People being forced to live on the poverty line would have an even harder time then.
1 person likes this
@laglen (19783)
• United States
17 Dec 10
There are clinics that offer decent care for minimal cost. I do not have insurance. Have you ever heard of Representative Rob Paul of Texas? He is a doctor that still accepts chickens, bread and what ever else families can afford in exchange for medical help. If a doctor is truly committed. However I believe the exception is doctors having to deal with medicaid, medicare.
@yoyo1198 (3644)
• United States
15 Dec 10
I believe that the legislation states that there are to be subsidies for those who were unable to pay for the basic insurance. This country needs a national health care program. This court decision is just the first shot in a long negotion battle. One judge out of three (so far) is not going to derail the total process. We are seeing only the beginning.
@laglen (19783)
• United States
16 Dec 10
This is the beginning and why is it the Federal Governments responsibility to provide health insurance and why not car insurance? or life insurance? how about insurance on my boat?
• United States
17 Dec 10
Good point laglen. We don't need a national healthcare program. You know why. 1. It is unconstitutional. So in order to change that they will have to amend the constitution. I don't see them having enough votes to do that. So if the put one in place without an amendment to the constitution well then they all just broke the laws they swore an oath to uphold. So they should be kicked out of office and taken to jail. 2. The government run programs are ALWAYS run poorly. they can't manage the programs they have...therefore they don't need more responsibility. They just plan CAN'T do it probly. Look at SSI, look at medicare and medicade...fanny fae, etc...all government run..all going under due to poor management. I would not trust most our politicans to babysit my dog...much less be in charge of my healthcare.
1 person likes this
@laglen (19783)
• United States
17 Dec 10
great points lil especially the fact that government can not run a damn thing with out screwing it up.
@hofferp (4739)
• United States
14 Dec 10
I agreed with THIS judge's ruling. I didn't agree with those made before and I think there will be similar rulings (as this judge's) in the near future. The issue will be going to the Supreme Court and let's hope Judge Kennedy has had a good night sleep when he decides the issue. (You know how the other 8 are going to vote...and I find that sad.) I wish it didn't have to go this route because while it takes months and years to meander toward the Supreme Court, this Administration is "wasting millions/billions of dollars" establishing the policy, procedures, regulations, structure, etc. to implement it (even though most provisions don't kick in until 2014). I agreed with the states filing suit concerning the Constitutionality of the law. But this wasn't the only thing I didn't like about the law. I didn't like the fact that the law was written by special interests and passed by our "leaders" without reading it, let alone understanding the implications. I didn't like the fact that most Americans were opposed to it, but this Congress, with all its "wisdom", knew better and rammed it down the American publics' throat. I don't like the fact that while the law was porported to save us money, my premiums have gone up and the bill hasn't even kicked in. And I don't like the fact that I would have had to file 1099s for my housecleaner and any other person I used during the year. Bottom line, I wouldn't have done it and I'd wait for the IRS to come nail me. And there's more I didn't/don't like and very little I do.
1 person likes this
@laglen (19783)
• United States
16 Dec 10
They are still working on the 1099 issue. This will affect me as well. I believe there are plenty of pieces to this legislation that will get knocked down.
@hofferp (4739)
• United States
17 Dec 10
We can only hope... I think we already did our part by electing new people.
1 person likes this
@laglen (19783)
• United States
17 Dec 10
January 20th eh? Just hold on til then?
@Netsbridge (3243)
• United States
17 Dec 10
If you read and understand the US Constitution, then you ought to know that no one has power to impose anything upon you! Of course, they can always try.
@laglen (19783)
• United States
18 Dec 10
I have read and understand, now we need to point it out to Congress,
• United States
18 Dec 10
Good for you!
• United States
14 Dec 10
I strongly disagree with many parts of obamacare and this was one of the bigger points. I'm glad to see someone stepping in. I hope the whole program gets scraped and redone. Sure I agree that something needs to be done, no I dont agree with forcing everyone to take insurance whether they want it or not. I for one am in a single income home and no we dont have insurance right now, why? Because if I were to get insurance we wouldnt be able to afford to eat, keep a roof over our heads, and the heat turned on. Plain and simple.
1 person likes this
@laglen (19783)
• United States
16 Dec 10
oh but just get you some obamamoney and then there will be a prime rib in every oven and a big screen tv - its only fair..... sorry for the snarky comment, I agree with you
• United States
14 Dec 10
The judge is right. What he is basically saying is no matter how well meaning congress is with this bill (ha ha) they still have to operate within the consitution and laws of this country. They don't have this power. Basically what the judge was implying is that in order for congress to do this they have to change the constiution. Which I don't see happening. You can't require EVERYONE to buy a product just to lower the price of that product for everyone. It is not legal.
1 person likes this
@laglen (19783)
• United States
16 Dec 10
You are right. I am selling soup a couple days a week to make extra money. I would like to see them require EVERYBODY to buy my soup. I promise I would lower the cost...
@katsmeow1213 (28938)
• United States
14 Dec 10
Yes, I do. I firmly believe the government should not be allowed to REQUIRE us to do a darn thing! Why can't we just live our lives without interference from the government.. as if we're children who don't know how to make our own decisions. As long as what we do doesn't affect anyone else.. why is it any of their business. What they do need to do though is set up more programs for the poor. I mean, I pay $40 a week for my health insurance, and then $20 co-pays and the insurance rarely covers 100% of my medical bills. But will the government give me their free health care? No.. because hubby's employer offers it they will not let us get medicaid even though we financially qualify for food stamps. I wish there were a government insurance that I could get to use as a secondary.. like it would pay my co-pays and all the additional stuff my primary insurance doesn't pay. That way I might actually go to the doctor sooner.. and bring my kids to a doctor sooner instead of "waiting to see if it goes away on it's own" before realizing it's probably severe and needs a doctor's attention.
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@laglen (19783)
• United States
16 Dec 10
of it is possible if the government got out of it and stayed out of it, health care costs could go way down. The ridiculous lawsuits filed against doctors (I am well aware that there are plenty of legitimate law suits as well). These things may help your situation as well. We do not have insurance there fore pay cash when we go.