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Today's ruling by a federal appeals court in Ohio, upholding the Obama health care law, marks the first time a Republican-appointed judge has found the most controversial part of the law constitutional.
The ruling by a three-judge panel of the Sixth Circuit Court of Appeals was 2-1 on the "individual mandate" -- the requirement that all Americans get health insurance. One of the judges voting to uphold it was Jeffrey Sutton, an appointee of George W. Bush and a former law clerk for Justice Antonin Scalia.
This brings to four the number of court decisions upholding the law. Two other courts have declared it unconstitutional on its long march to the Supreme Court.
UPDATE: In 1942, the US Supreme Court ruled that Congress had the power to stop an Ohio farmer, Roscoe Filbert, from growing his own wheat. The court said then that his decision to grow his own, rather than buying wheat on the national market, affected interstate commerce, which Congress has the authority to regulate.
Today, the Sixth Circuit appeals court said the same logic applies to health insurance.
Opponents had argued that while Congress has broad authority to regulate economic activity, it has no authority over inactivity, such as a failure to buy insurance. But the appeals court said today that Congress is actually regulating the market of self-insurance for health care, in which people try to find some way to cover their costs other than by purchasing insurance.
But the court said self-insuring affects interstate commerce, by shifting the costs of the un-insured to people who have insurance, just as the wheat farmer affected interstate commerce by growing and consuming his own wheat instead of buying it on the national market.
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People you just don't get it do you. The bail outs for wall street and all the other so called bail outs and the rebates that Washington has handed out, Obama care is just another way to put more of our tax dollars into the pockets of cooperate America. It's not to help the uninsured. It's so the medical industry gets more money. Between the ones that don't have health insurance and all the illegals this will only help funnel more money into the health industry and another way to make Americans pay for those millions of illegal allians that already get millions in aid from Uncle Sam. Obamacare will replace Medicare.
Here is the real problem. They let the Tea Party members vote.
Thank GOD
Anyone "upholding" this new healthcare law, needs to immediatly removed from the bench because they have LOST THEIR FRIGGIN MINDS!
Says you.
Didn't anyone tell you federal judges sit for life?
They don't sit for life if they're crooked and only a stinking criminal would uphold this unconstitutional law!
Federal judges can be impeached.
good luck. better hustle on down to the Piggly Wiggly and start collecting those signatures.
I can smell union money to the two judges that voted in favor of this unconstitutional mandate. Justice Roberts, be ready.
I smell the powerful odor of mendacity sister woman.
Yak,
Mafia money is more like it.........Insurance companies don't have unions. As a matter of fact, the entire insurance industry was started by gamblers back in the mafias heydays!
Yes, because obviously a judge who clerked for Antonin Scalia, was a member of the conservative Federalist Society in law school, spent his legal career fighting against federal governmental intervention and for state's rights, and was appointed to the bench by President George W. Bush is clearly in the pocket of the unions...
The IRS should be abolished. They're doing nothing but collecting money for wall street.
Well geez, how about just abolish Wall Street?
Typical liberal comeback. haha
Because if they abolish Wall Street, they won't be able to force you to buy the stocks they want you to buy in the future, which will be the stocks of the companies that helped get them elected. Politician is a synonym for bloodsucking leech.
@!$%# the Supreme Court. They sit in their lifetime appointments like miniature monarchs. It's absurd.
No it's not absurd. It gives them more ability to be principled individual thinkers, rather than being at the mercy of some electorate or 'interest group'
Good post Doug.
I'm amazed that so many Americans see the benefit of universal public education, but do not see the same for health care. Especially when EVERY other advanced nation in the world has it and knows it would be behind the 8-ball without it.
I do however, see how our entanglement in for-profit insurance in an area where capitalistic principles don't apply (they require more and more people to get sick more often and to take more drugs to prosper) should be dealt with first before drastically increasing spending. We're spending 50% more than other nations on healthcare and meds, with gross profits of $54.28 for every $100 charged, and that is killing our economy much more than oil's price is.
Mick, do you want to be forced to buy a Chevrolet, even though you dont like them?
Do you want to be forced to go to Viet Nam and get your ass shot off?
Again, typical liberal comeback. Man, youre pathetic.
You are weak and spineless. Go play a video game. You are out of your depth.
But I don't recall ever seeing a law stating that I am REQUIRED to participate medicare, as this rule applies to all Medicare "participants!"
You can opt out of Medicare at any time, chief. There's even a form for you to fill out.
Obama has no authority over the judicial branch of government. Thank God.
Niether does the Tea party. Thank God.
Land OF the Free My A$$, they just keep trying to act like they know what is good for the common man ... And Slowly taking away more and more of my Freedom .. Somehow I'm forced to wear a Seat Belt or i am fined ? What does me wearing my seat belt do to anyone else .. Please someone Repeal this whole thing .. the Ohio Judge is a MORON .. he based his Decision off of Wheat ?? Really .. so a farmer did not want to buy wheat and decided to grow his OWN he got in trouble ? .. So what, is my Garden of vegetables breaking the law then ? cause its affecting commerce in the vegetable industry ? Obama Care is a Joke and is about as Bad as the Amnesty he is fighting for Millions Of illegals .. Destroying our country from the inside out .. Dividing us so we can be Conquered...!
Obama is challenging the Constitution at every turn. He wants authority to go over Congress head with the war powers act. Can you not see that this imposter delegates everything to someone else, until maybe something good happens, then he's front stage.
Didn't the Senate just vote to authorize our actions in Libya for a year??
"Roscoe Filbert"?
Shouldn't it be "Roscoe Filburn", as in "Wickard v. Filburn"
See
see wikipedia.org/wiki/Roscoe_Filburn
Shopped insurance lately?
Before Obamacare, a policy for my son, now 9 y/o , $75-$100 a month for a $500 deductable, prescription benefit, 20% copay, and 3 to 6 free office visits a year. Today - $240 a month for a comparable plan, but double the deductable! Go Obamacare, we are saved.
Still not sure how forcing insurance fixes the cost of Medical care, I thought half the reason medical was so expensive was because of the insurance in the first place. Now Insurance will be unaffordable and medical will continue to increase in cost.
I noticed tuna fish is more than double what it was nine years ago.
Put the tripe in the dog bowl where it belongs.
To be more precise, a policy for my son in 2009 was between $75 and $100, TWO years later a less effective policy is 2 to over 3 times more expensive.
And by the way, you're talking about pennies for something you can choose to eat or not to eat. I am talking about hundreds of dollars in cost(monthly) for something I am forced to buy. In some cases, that makes a desired product too expensive to buy.
And so?? A lot of prices are up. Same as they are since my Daddy told me so five thousand times.
But I thought Obamacare was supposed to prevent those price increases? Instead, it appears to have created hyperinflation in the healthcare industry.
The healthcare industry may be gouging you and emptying your wallet because they want to go to Aspen and go skiing again.
Obamacare and cost regulations have not kicked in yet.
Let's get it past the, whiney, Far Left Judges and let the big boys handle it. They'll get rid of it, just like we remove dog crap from our front lawns.
They'll be face down collecting it.
We'll see.
And to the stupid judges out there...............nobody gives a @!$%# about anything that happened back in 1942! It was an unfair ruling back in 1942 and it's still an unfair law in 2011!
Can't you bunch of idiot judges use your own brains and judgement? Do you idiots always have to go look up some idiotic obscure law to back your decisions? If you don't know the difference between right and wrong without looking up some ruling made by some long dead judge from 1942, then it's obvious to your constituents that you need to be removed from the bench.
Our entire law process has become nothing more than a really bad joke to the population of this country.............this judge says yes, this judge says no, the next judge says yes, the new judge says yes, the final judge says no, then it moves on to the appeal and the process starts all over again and the final judge says yes, then it works it's way up to the supreme court and the last panel of judges split their vote and the population can't make heads or tales of what just happened to the laws in their own country!
I am sure they will change the ruling on your say so.
"Can't you bunch of idiot judges use your own brains and judgement? Do you idiots always have to go look up some idiotic obscure law to back your decisions? If you don't know the difference between right and wrong without looking up some ruling made by some long dead judge from 1942, then it's obvious to your constituents that you need to be removed from the bench."
It's called precedent, and it's been the bedrock of the legal system since before your great-great-great-great grandfather was sucking his thumb.
If judges were allowed to ignore precedent, then there would be utter chaos as the law would change depending on which judge was sitting on the bench that day. Precedent allows the law to be stable, rather than arbitrary and capricious.
Whether they change it or not, I WILL NEVER BUY IT AND I WILL NEVER PAY THE FINE! I would rather follow the rest of the crowd of Americans that have been FORCED to leave their beloved country because of the idiot politicians and government thieves who do nothing more than steal and spend OUR HARD EARNED MONEY!
P.S. Ltcommander72.........are you retarded? Just wondered because you can't seem to post more than a one liner.
spotts,
The law ALREADY changes based on which judge is sitting on the bench........with or without precedent! Also, since they've been using precedent for that long, and all it's done is screw up this country, maybe it's time for some CHANGE in the process.
"I would rather follow the rest of the crowd of Americans that have been FORCED to leave their beloved country because of the idiot politicians and government thieves who do nothing more than steal and spend OUR HARD EARNED MONEY!"
Don't let the door hit you on the way out, friend. Though I seriously doubt you'll do that - if I had a nickel for every person who ever threatened to leave the country because of politics, I'd be a freakin' millionaire.
Deleted - double post
I wouldn't bet too much on that one Spotts1701, there was only 2 things holding me from leaving...........and they're both gone now. I've already been researching my new digs..............Ohio USED TO BE a great place to live, I'm sad to say, it's not anymore. Way to many crooks............I guess that's why more than half the population has moved out.
Here's a better idea. If the dissenters in this Country, were to say no to Obama crap and refuse it, that would leave the 38% that want it, holding the bag. Pathetically, 30 million people aren't paying for it now and they are, no doubt, represented in the 38%. So, would the Obama administration throw 62% of Americans into Debtors prison? I don't think so.
The National Socialist Republicans are not happy with the ruling from a Conservative Court of Appeals.
You are right. Sometimes conservative judges who tend to vote what they think is right according to the constitution can surprise people. It is much easier with a liberal court. You know exactly how they are going to vote regardless of whether it is constitutional or not.
(CBS/AP)
WASHINGTON — In a victory for President Barack Obama, a Senate panel voted Tuesday to approve U.S. participation in the military campaign against Libya and Muammar Qaddafi's forces.
The 14-5 vote, which saw four Republicans join the Democratic majority, in the Senate Foreign Relations Committee stood in sharp contrast to the House's overwhelmingly rejection of a similar step last week, muddling the message about congressional support for the commander in chief's actions and the NATO-led operation.
Yet another Obama victory.
Geez Ltcommander, get a room.
Does he make your knees quake?
I always find it amazing when people talk about judges especially on the Supreme Court as being bought and paid for etc. Have you ever noticed that, like in this case, it is always conservative judges that vote unexpectedly. There are several examples of Supreme Court judges that were nominated by Republicans who have gone on to vote unexpectedly. I don't know that I can recall a liberal judge ever voting in a strictly constitutional non activist way.
Right or wrong, Right or Left, the Liberal Judges always, and I mean always, vote Liberal. They are so blatant, at times, I believe it even embarrasses the Left.
Always? I'm sure that will come to a shock to Justices Sotomayor, Kagan, and Ginsburg since they just voted with Chief Justice Roberts and Justices Alito, Scalia and Kennedy to strike down a law in California that would have fined stores for selling or renting video games to minors.
I mean, that's a lovely little liberal policy that imposes "nanny state" rules, and all liberals just love the nanny state right?
Next time, think before speaking.
If it is for the better good of all, why doesn't the president and congress have to take the same insurance as the rest of the population??
Because it's not.
From Obama's lips to the publics ears: "we will use the money we make to pay off the national debt"! The debt THEY CREATED!
This law had absolutely NOTHING to do with creating healthcare for all at a lower cost! It's nothing more than one HUGE EMBEZZLEMENT SCHEME!
You expected something different of the bloodsucking leeches that have stolen from Americans for generations? The sole purpose of the US government today is to separate you from your money through taxation, and spend said money on war and programs to further separate you from your money. The only way they can control you is to keep you dependent on them. That is their plan, and I mean both parties.
It's incredible to me that the government could use the commerce clause to stop a man from growing his own food. Using that as precedent to force people to buy insurance is insane, just like the original ruling. What the hell has this country come to?
The bottom line as I see it, is that there is absolutely nothing that the government couldn't plug into this equation. Food, drink, meds, schools, jobs, housing, vehicles, TV, internet, weight, literally anything could have this theorm applied to it.
So for me it's not the issue about health insurance. There were and are many better ways to get a handle on the medical costs, it's about power and control. I don't like the fact that someone else can dictate every facit of my life and I have no say so. And using the Treasury Dept (IRS) as the enforcer allows the government to avoid the rules law enforcement agencies must adhere to. The IRS "CAN" make you work and garnish your entire check, by law.
Better to run for Congress or the Senate and get into their medical and retirement programs. They are the best around by far!
Actually, the IRS "can't" make you work........sure, they can garish, but they force you to work or make money.......unless they want charges filed against them for committing the act of slavery.
This must be the case that broke the dam on perversion of the ICC. I had previously believed that SCOTUS was generally manned by reasonably intelligent, sane people who occasionally made ridiculous decisions.
I now believe SCOTUS must historically have been manned by complete idiots who occasionally write an opinion which passes for reasonable. (But they only seem to do that once in a blue moon.)
I suppose growing my own weed would be right out of the question, then, huh? I mean, I'm sure that would somehow interfere not only with interstate commerce but NAFTA and our international "war on drugs." Imagine how many federal agents - not to mention truck drivers - we'd put out of work if we stopped buying weed from the Mexicans and just grew our own!
Thanks for the chuckle, Mike...:~)
My Wife and I do not use conventional medicine, We embrace Alternative Homeopathy. Because the insurance companies in this country do not recognize Homeopathy, We will not purchase Health Insurance for Ourselves or Anyone else " SORRY AMERICA, WE WILL NOT CONTRIBUTE " nor support Your Pharmacy Warehouses run and operated by government sponsored Drug Lords.
Well, that's fine. As someone who will with 100% certainty die without "conventional medicine" (or would have died 10 years ago at a very young age without "conventional medicine"), I cannot agree. But different strokes for different folks.
The insurance companies do not accept 99% of homeopathic medicine because 99% of homeopathic medicine is bu**sh*t.
Calling it medicine at all is just kind of silly.
Post WW II, America now has more idiots in all three branches of government and its citizens than any other time I can remember. I fear what will happen to this country in the next 5 to 10 years if we do not do a 180 right away. Anyone but the liar-in-chief in 2012. All the libs on this vine can go take a flying leap for all I care.
You might want to look at Pre WW ll America before throwing out such blanket logically flawed comments