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Should Courts Scrap the Affordable Health Care Act?

News 2012/03/28 19:00:00
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For the last two days, the Supreme Court has been poring over the 2010 Affordable Health Care Act to determine whether or not the individual mandate, which would require U.S. citizens to purchase health care, should stand. Going into the debate, supporters had high hopes. Now it seems unlikely the mandate will survive. At this point, the judges need to find a "limiting principle," or clear limit to Congress's power in requiring Americans to to have health insurance, or it might fall flat.

However, some believe striking the entire bill dead would do more harm than good. Justice Ruth Bader Ginsburg said, "There are so many things in the act. Why make Congress redo that? Why should we stop and start from scratch?" Of course, there's the issue of who will go through the 2,700-page bill and decide which provisions can stay, and Rep. Michele Bachmann warns, "The individual mandate would be the funding stream that makes all of the rest of the act work." Do you think the courts should scrap the individual mandate and try to make it work, kill the entire thing and start from scratch, or just let it stand? You can read more information on this complex act here.



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Top Opinion

  • Granmafour 2012/03/28 19:57:18 (edited)
    Kill it
    Granmafour
    +42
    Get the government out of healthcare all together. I don't want anyone between me and my doctor! This unconstitutional law - if upheld - will be the end of freedom as we know it. We have been on this slippery slope for 50 years or more and are about to go over the cliff. It will not be healthcare or affordable. What a misuse of those two words.

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  • Zombie ... zbacku 2012/04/14 14:23:59 (edited)
    Zombie Saddam
    ...
    This isn't actually a matter for discussion. There is nowhere in the Constitution that lets the Supreme Court decide if laws are Constitution. Read Article III, it's nowhere to be found. James Madison, who wrote the Constitution, held that he believe STATES should determine whether or not federal laws were Constitutional and thus had the right to "nullify" those laws that they felt were not (read the Virginia and Kentucky Resolutions written by Madison and Jefferson)

    Now, all of this is beside the point because the Supreme Court RULED that they had a right to review laws that were/weren't Constitutional in Marbury v. Madison (1803), and I agree that this has been a good thing. But it's hypocritical for you people to state that you want to be Constitutional in striking down the Affordable Care Act when the Court has no Constitutional power to do so.
  • Evan 2012/04/12 11:48:59
    Kill it
    Evan
    +5
    just to show obama he isnt the Executive king.
  • benjord... Evan 2012/04/13 17:49:02
    benjordan03
    You know, we do have REAL problems that need REAL solutions. Not everything is about your "team" winning. Furthermore, this idea came from YOUR TEAM.
  • Evan benjord... 2012/04/14 00:16:27
    Evan
    Sorry, cant remember a REAL solution coming from Oblunder.
  • DavidPhillips 2012/04/12 05:59:23
    Leave it
    DavidPhillips
    SCOTUS really can't revise it, only congress can do that, but SCOTUS can rule against parts of it and leave others in place, or they can kill the whole thing, or rule that its all constitutional and leave it be...
  • zbacku DavidPh... 2012/04/14 04:12:32
    zbacku
    No, but they can KILL IT. It's unconstitutional.
  • lisaokapi 2012/04/12 02:20:11
    Kill it
    lisaokapi
    +5
    Kill it and start over. Too much BS in it. People dont realize it but if forced to buy insurance it will cost way more than what you are paying now. Not only that but for all who get "free" insurance your taxes will go skyhigh too. So again middle class will be broke.
  • benjord... lisaokapi 2012/04/13 17:50:27
    benjordan03
    Not according to the CBO. Costs go down. But why look at the facts, right?
  • Opinion... benjord... 2012/04/13 19:38:29
    Opinionated-Conservative
    +1
    so the report that the cost of Obamacare will grow from 940 billion to 2 trillion+ is a lie?
    http://www.weeklystandard.com...
  • Jeffery Lucas 2012/04/11 21:58:06
    Kill it
    Jeffery Lucas
    +5
    The Government has no Business telling us weather or not we have to have health care.
    Keep their nose out of it.
  • Daniel ... Jeffery... 2012/04/12 03:31:19
    Daniel Escalona
    +1
    For-profit insurance companies are what makes health care so expensive. HMOs are so corrupt, they deny people with cancer because of pre-existing conditions. That is sick. Mandate may not be perfect, but other parts of the bill are very good.
  • Opinion... Daniel ... 2012/04/13 19:39:13
    Opinionated-Conservative
    +1
    It should be reformed then, not socialized.
  • Cmo 2012/04/11 20:56:07
    Kill it
    Cmo
    +6
    Its not affordable, and our government cant even run it self productively how are they supposed to run heath care?
  • lfelixweidner 2012/04/11 19:09:55
    Kill it
    lfelixweidner
    +8
    Kill the bill! Open up state lines and allow the Ins. Companies to compete and then work on tort reform. No one in their right mind needs an incomprehensible 2,700 page law enacted that no lawmaker in congress even read through. How insane is that? Incompetence of the highest degree!
  • sbtbill lfelixw... 2012/04/11 21:59:13
    sbtbill
    Which of the major insurance companies doesn't already sell in every state?
  • WhereIs... sbtbill 2012/04/11 22:36:07 (edited)
    WhereIsAmerica? ~PWCM~JLA
    +3
    Get informed, seriously. You can only buy from insurers that are licensed in the state in which you live, that is not open. It is not about selling, and no every insurer does not sell in every state. Get a clue.
  • sbtbill WhereIs... 2012/04/11 23:44:25
    sbtbill
    Note I said major insurance company. Both agents and companies have to be licensed in a state. Most agents with a need find it easy to be licensed in multiple states. As to companies OK most are only licensed in 40+ and don't get all the way to 50. Yes, there are a few locals but they can't afford decent advertising budgets so they are no threat to the bigs control of the market. Do what you want and you get the same thing that happened with the banks. All the small locals go out of business and we are left with 10 or 12 national companies.
  • WhereIs... sbtbill 2012/04/11 23:50:51
    WhereIsAmerica? ~PWCM~JLA
    +1
    What? Allowing more area would help the small companies not hurt them as there would be a bigger market. As you already mentioned, the big companies are all over, so they already have to compete against them, therefore your point makes no sense.
  • sbtbill WhereIs... 2012/04/12 18:39:52
    sbtbill
    That was the same thing they said about small banks. Didn't work did it. Any small company that trys to price compete with one of the bigs will find itself either bought up or faced with crippling competition to put it out of business.
  • Seeker ... sbtbill 2012/04/12 17:43:51
    Seeker of Truth - War Wizard
    +1
    It's not a matter of a major insurance company not offering a policy in each state. It's a matter of individuals being prohibited from purchasing an insurance policy from a different state. For example, if you found a company in Idaho that sold a policy for $50 less per month with the same coverage than you can find in Ohio, you can't buy it, even if the Idaho company would love to sell it to you.
  • ktmg 2012/04/11 18:28:29
    Kill it
    ktmg
    +5
    Kill it and let the whitehouse use it for toilet paper!
  • Robert ktmg 2012/04/13 16:06:58
    Robert
    I couldn't agree more....well said
  • zbacku ktmg 2012/04/14 04:14:37
    zbacku
    LOL. It will sure come in handy when Obama is done using the Constitution as said TP.
  • Lanikai 2012/04/11 18:05:31
    Kill it
    Lanikai
    +3
    Kill that expensive boondoggle that limits care, costs a fortune and only insures about 10 million people. KILL IT!@!!!!
  • Becky 2012/04/11 14:08:57
    Kill it
    Becky
    +4
    Federal rights shouldn't trample a states rights to prohibit the Federal government from forcing a citizen to buy anything.
  • Mrs. V 2012/04/11 03:13:39
    Kill it
    Mrs. V
    +2
    Replace.
  • skroehr 2012/04/10 21:25:21
    Revise it
    skroehr
    I think I meant to put kill it, but it's complicated. Killing it is really all the Supreme Court can do. I don't think it's the courts place to go through legislation and cherry pick stuff out. When the supreme court kills it, THEN is should be revised, not scrapped, but by Congress. Not the court. Using the constitution and the ruling of the courts, they will most likely want to look at a plan which keeps certain items (kids on policies until 26. Insurance available even with pre-existing conditions etc.), and get rid of the individual mandate, and other unconstitutional items. Congress has some building blocks, but will need to come with a funding mechanism without mandates. To just scrap it all and start over completely is to waste a lot of hard work. There are some items they can use as building blocks under the new administration and congress.

    Of even larger concern though, and I don't think it is part of the upcoming ruling by the Supremes, because it's a different case, is the ability of an Executive branch secretary to change the entire balance of powers, usurp the constitution, begin the destruction of religious freedom change our entire system of understanding our relationship with the Government via the use of agency produced mandates. Of course I'm refer...



    I think I meant to put kill it, but it's complicated. Killing it is really all the Supreme Court can do. I don't think it's the courts place to go through legislation and cherry pick stuff out. When the supreme court kills it, THEN is should be revised, not scrapped, but by Congress. Not the court. Using the constitution and the ruling of the courts, they will most likely want to look at a plan which keeps certain items (kids on policies until 26. Insurance available even with pre-existing conditions etc.), and get rid of the individual mandate, and other unconstitutional items. Congress has some building blocks, but will need to come with a funding mechanism without mandates. To just scrap it all and start over completely is to waste a lot of hard work. There are some items they can use as building blocks under the new administration and congress.

    Of even larger concern though, and I don't think it is part of the upcoming ruling by the Supremes, because it's a different case, is the ability of an Executive branch secretary to change the entire balance of powers, usurp the constitution, begin the destruction of religious freedom change our entire system of understanding our relationship with the Government via the use of agency produced mandates. Of course I'm referring to the HHS Mandate by Secretary Kathleen Sebilius. This just can't stand. No Secretary has ever issued a document of such far reaching concerns. Remember, this is without the involvement of the legislative branch at all!! I'm hoping that if the court overturns the ACA, that it will imply that the secretary must revoke the HHS Mandate. If not, then I'm sure that it is in the process of snaking it's way to the court eventually.

    Can someone with a LOT more Government knowledge than I have tell me if the HHS Mandate IS indeed tied to the Affordable Care Act? If so, then overturning that act may ipso facto imply an overturning of any agency created documents and regs which were based on it? Here's hoping.

    How can we the people limit the power of the Executive brach, and it's appointed secretaries? Can we? Need a civics scholar here. Thanks,
    (more)
  • bozo skroehr 2012/04/11 12:31:54
    bozo
    +3
    Barffffffffff!
    How, why, should americans put up with another costly government agency to intrude into our lives??
    Please, I beg you to show us, your audiance, what government agency has run as planned on budget , completing it's charter or mandates as outlined in the bill that created th agency?

    Every member of congress should be thrown out of office for first passing a wide reaching bill such as this is WITHOUT READING THE DAMN THING OR UNDERSTANDING WHAT IT WAS THEY WERE PASSING.
    First off if its such a wonderfull idea why isn't everyone in government on this boondoggle program too if its good enough for us peasents it should be great for congressment and the rest of government employees also. Why did the bill have to be crafted behind closed doors without imput from the american people?
    Pray tell why have so many companies, states ask for and been greated exemption from this stupid idea?
    Our elected leaders wasted a year fooling around with this mess when they should of and could have been addressing our economy, illegal immigration, the size and cost of government. Don't you see they have made government bigger more expensive, more intrusive.
    this is like re-arranging the deck chairs on the titantic, america is sinking in debt and they
    add more debt to a sinking ship and direct our attention to jibberish hoping we don't notice what fools they are.
  • skroehr bozo 2012/04/11 14:41:23
    skroehr
    Okay, thanks. I agree with you. But what I was asking was if somebody here might know if we, the people, through Congress, or individually, can do anything to stop these Departments and Agencies (Executive Branch Cabinet), from unilaterally imposing mandates and "laws". I'll go to Wikepedia or something. I truly don't know what the checks and balances are that are put in place to protect the citizens from the agencies of the Government that are WITHIN a branch. I know the Judicial, Executive, and Legislative Branches are all intended as a balance of power, and to keep each other in check, but what do we do when the balance of powers is thrown out of alignment by an out of control Executive branch. You know everybody is always dumping on Congress, and perhaps we should, but most of the overstepping in the Government seems to me to be done by the Executive Branch, and sometimes the Judicial Branch, (as in Roe v. Wade). Congress, frankly seems like the "good guys" to me, when put up against the Executive branch, who seem to be just making all this up as they go along, and imposing things on us without our recourse to protection which is supposed to come from Congress, and the Court.

    The Executive Branch has really gotten swelled up with importance and power in this country. ...





    Okay, thanks. I agree with you. But what I was asking was if somebody here might know if we, the people, through Congress, or individually, can do anything to stop these Departments and Agencies (Executive Branch Cabinet), from unilaterally imposing mandates and "laws". I'll go to Wikepedia or something. I truly don't know what the checks and balances are that are put in place to protect the citizens from the agencies of the Government that are WITHIN a branch. I know the Judicial, Executive, and Legislative Branches are all intended as a balance of power, and to keep each other in check, but what do we do when the balance of powers is thrown out of alignment by an out of control Executive branch. You know everybody is always dumping on Congress, and perhaps we should, but most of the overstepping in the Government seems to me to be done by the Executive Branch, and sometimes the Judicial Branch, (as in Roe v. Wade). Congress, frankly seems like the "good guys" to me, when put up against the Executive branch, who seem to be just making all this up as they go along, and imposing things on us without our recourse to protection which is supposed to come from Congress, and the Court.

    The Executive Branch has really gotten swelled up with importance and power in this country. Why can't we, (represented by Congress), shrink them down and humble them? What happened? Whatever it was started back before FDR. Heck, maybe we've had problems since Washington with this. I'd just like to get at the core. Changing congress every two years, and "throwing the bums out" hasn't done it. The next congress is just as whimpy as the last when standing up to the Executive branch. Congress should have no less, (and in some areas), a little more power than the President. Why doesn't this happen?

    We need a strongly obstructionist, and constitutionally strong Congress to start putting the brakes on these out of control Presidents, and their cabinets.

    Anyway, I agree with your comment, but I don't think it's the only solution. Yeah.....we'll keep changing congress, but in the end, unless they start to understand their powers under the constitution, then Presidents and their possees will just continue to run roughshod over them, and humiliate them. Stroke of genius by the Execs, I suppose. They just blame everything on Congress, and we go along with it like bobble head dolls. I LIKE that Congress is a pain in the butt. I LIKE that they can't get along, or come to agreements. It keeps us from being absolutely flooded with meaningless legislation. But if they could just take some of the spit and vinegar they show to each other, and direct it to Pennsylvania Avenue, things might get a lot better around this joint. Just guessing.

    What are some reasonable ideas on restoring the balance of powers?
    (more)
  • casdallas bozo 2012/04/13 05:26:29
    casdallas
    Yes.
    And let us not forget all the union waivers!
  • Lanikai skroehr 2012/04/11 18:06:33
    Lanikai
    +5
    No, the bottom line is each person should only receive the healthcare they are willing to pay for themselves,. NONE of the rest of us should be forced to pay for others who failed to plan or provide for their own.
  • scootzy... Lanikai 2012/04/12 08:04:06
    scootzy robinson
    +1
    U best not call your self a Christian Jesus was all about helping people less fourtoniate
  • Lanikai scootzy... 2012/04/12 15:10:54
    Lanikai
    Yes, he was, on a VOLUNTARY basis, NOT by taking from others.
  • scootzy... Lanikai 2012/04/12 15:55:35
    scootzy robinson
    Go back and read the bible one of the 7 deadly sins is greed.
  • Lanikai scootzy... 2012/04/12 16:27:03
    Lanikai
    +2
    So, keeping what I earn so that I can provide for my family, as opposed to the FED taking a lot more is a sin?

    You are sick.
  • scootzy... Lanikai 2012/04/12 18:56:30
    scootzy robinson
    Jesus Christ was a poor peasant carpenter what book did u read.
    Everyone has a right to provide for their family but were not as a society going to let someone die just because they don't have health care. That is what this bill is all about personal responsibility go back too school dumb dumb
  • Lanikai scootzy... 2012/04/12 20:18:58 (edited)
    Lanikai
    You must have NOT read the scriptures very well. Jesus was never poor. Jesus had the gold, frankinsense and myrrh the wise men had left at his birth. He had the finest garments made from the finest linens. Just because he lived in a less then opulent fashion, doesn't mean he was poor. And he was in favor of helping others but voluntarily, NOT by mandate.


    Healthcare is like any other commodity-it must be purchased from the providers-either with or without insurance. NO ONE walks into a grocery store and gets a cart full of groceries and walks out without presenting a form of payment.


    Medicare/medicaid is in place to cover those who have never purchased their own insurance. THAT is enough of a government plan and if someone wants more coverage, they need to PURCHASE it like the rest of the nation does.
  • scootzy... Lanikai 2012/04/13 05:18:05
    scootzy robinson
    I'm Dunn with this clown u are not worth my time don't respond be gone with u
  • sbtbill Lanikai 2012/04/13 17:48:14
    sbtbill
    You need to read more you are rather confused about a lot of stuff.
  • Lanikai sbtbill 2012/04/13 20:17:15
    Lanikai
    +1
    LOL, no, I am dead straight correct.

    You bleeding hearts who think the working people of America should just support everyone are the confused ones.

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