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Third Federal Judge Rules ACA Constitutional By Emily P. Walker, Washington Correspondent, MedPage Today Published: February 23, 2011
WASHINGTON -- In a victory for the Obama administration, a third federal judge has upheld the constitutionality of the Affordable Care Act (ACA).
Judge Gladys Kessler of the Federal District Court for the District of Columbia ruled Tuesday that the individual mandate provision of the ACA, which requires everyone to have insurance by 2014 or else pay a penalty, is in line with the U.S. Constitution.
Kessler is the third Bill Clinton-appointed judge to side with the Obama administration on the legality of the healthcare reform law. Two other judges -- both appointed by Republican presidents -- have declared parts of the law unconstitutional, including Florida Judge Roger Vinson, who was recently asked by the administration to clarify his ruling. A total of 13 courts have dismissed the case all together.
As in the other cases against the ACA, the plaintiffs in Kessler's case argue that the law's individual mandate violates the Commerce Clause of the Constitution by forcing individuals to participate in commerce against their will.
The plaintiffs in this most recent case are five individuals who say they can afford to purchase health insurance, but choose not to. If they have to seek medical care in the future, they'd prefer to pay for the services out-of-pocket, according to the brief. Three of the plaintiffs argue the requirement goes against their religious beliefs and that God will provide for their well-being (although the law does exempt those who hold religious beliefs that preclude them from modern medicine). The other two plaintiffs argue that the individual mandate contradicts their belief in holistic medicine.
As did the other Democratic-appointed judges, Kessler concluded that the decision to not purchase health insurance is an "activity" because if uninsured individuals seek medical care and can't pay, their medical costs are passed on to other taxpayers. It would be unlikely that the plaintiffs could promise they'd pay entirely out-of-pocket. (In her decision, Kessler points out that the average hospital stay in 2008 lasted 4.6 days and cost over $29,000).
"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler wrote. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality."
Kessler also said that the individual mandate is an essential part of the ACA, and said it is "an appropriate means which is rationally related to the achievement of Congress' larger goal of reforming the national health insurance system."
The Supreme Court is likely to have the final say over the constitutionality of the healthcare reform law.
-------------------- It is impossible to make anything foolproof because fools are so ingenious. Posts: 3311 | From: St. Louis | Registered: Feb 2005
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imagine that, a bill clinton judge ruling in favor of obamacare!
-------------------- It isn't so much that liberals are ignorant. It's just that they know so many things that aren't so. Posts: 6949 | Registered: Apr 2004
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quote:Originally posted by CashCowMoo: imagine that, a bill clinton judge ruling in favor of obamacare!
Guess you missed this part of the article.
"A total of 13 courts have dismissed the case all together."
-------------------- It is impossible to make anything foolproof because fools are so ingenious. Posts: 3311 | From: St. Louis | Registered: Feb 2005
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This is still the first real battle for health care in America In the end we will win this battle have health care and in the future we will have the best health care in the world.
-------------------- Wise men learn more from fools than fools from the wise. Posts: 3827 | From: beautiful California | Registered: Sep 2008
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you might as well just start canning food and storing water away. health care and climate change arent going to be the things that destroy this planet.
-------------------- It isn't so much that liberals are ignorant. It's just that they know so many things that aren't so. Posts: 6949 | Registered: Apr 2004
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quote:Kessler also said that the individual mandate is an essential part of the ACA, and said it is "an appropriate means which is rationally related to the achievement of Congress' larger goal of reforming the national health insurance system."
(sigh)
On that rationale, anything could be made legally binding on citizens. If this follows the only course it can (if it survives SCOTUS), look for MANDATORY medical exams, diet changes and exercize routines.
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true enough SF, unfortuantely, SCOTUS has applied the interstate commerce clause on all kinds of things the Feds have no right to get involved in, it's unlikley (IMO) they'll rule on this for the proper reasons.
however, i do beleive they'll dump the indiviudal mandate.
they might not tho, because they tend to favor big business, and a mandate does favor big business, and they tend to like to increase Federal power too...
-------------------- Don't envy the happiness of those who live in a fool's paradise. Posts: 36378 | From: USA | Registered: Sep 2003
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-------------------- Wise men learn more from fools than fools from the wise. Posts: 3827 | From: beautiful California | Registered: Sep 2008
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That is actually pretty cheap compared to what I have seen for costs of hospital stays.
-------------------- It isn't so much that liberals are ignorant. It's just that they know so many things that aren't so. Posts: 6949 | Registered: Apr 2004
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OK, but my point is that the only reason hospitals and doctors and pharma can charge so much money is that they have the insurance co's to send a bill to, and the insurance co's pay that and then send us the bill...
would you go to a restaurant you cannot afford? heck no.
treatment costs too much, and the only way that is going to be reigned in is by people saying so.
how on earth does a hosipital justify 5000 per day? What are they doing that costs so much?
cuz i know for a fact that you are more likely to die from an accidnet in a hospital than you are form an accident in car. and we drive cars every day and only go into the hospital a few days of our whole lives..
i am not talking about dying due to illness acquired and brought to the hosipital by you either , i am specifically talking about dying as result of the hospitals not being run properly.
-------------------- Don't envy the happiness of those who live in a fool's paradise. Posts: 36378 | From: USA | Registered: Sep 2003
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