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Ramifications of Health Care Ruling

  • While I believe that we all understand the importance of the SC's ruling on the health care law. What would some of the ramifications be on any of the current state/federal laws if the SC struck this mandate down? This is not a debate on whether the SC should or should not strike down the law, as there are plenty of threads for that specific discussion; rather this is a discussion of the reach of this ruling if the SC strikes down the health care law, or more specifically the individual mandate portion.

    One thing that comes to mind is auto insurance. I understand that this is a state law, but would this ruling cause auto insurance laws to become unconstitutional? Has that ever been challenged in the SC? I understand that there is a difference in terms of how auto insurance laws are to protect other drivers and not yourself necessarily, but that is the main law that comes to my mind. What are your thoughts?

    We may disagree on issues, but at the end of the day we are all Americans - http://www.youtube.com/watch?v=wSJoZiB-UGY&ob=av2e

    fbllman

  • Auto insurance is not mandated. If you want the PRIVILEGE of driving on public roads, the rule is you have to have insurance. If you have no car and take the bus or subway, you are not forced to buy car insurance.

    How can you not understand that?

    Second, I really don't care what happens after the Supreme Court ruling. Obama Administration has been violating Federal Court orders to stop implementing Obamacare. Whatever chaos happens is on the Obama Administrations head.

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  • I really don't get how people are so incapable of seeing this distinction.

    With car insurance, you only have to buy if you want to drive. (you have a choice)

    With the health insurance mandate, you have to purchase simply for being alive and an American. (you have no choice)

    Its that simple.

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  • Speaking of ramifications, think of the precedent being set if the ruling is passed with the mandate. It would mean that the government can mandate how Americans spend their money and on what.

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  • If you want to drive, you purchase auto insurance. If you want to use the Healthcare system, you should purchase health insurance. If I were designing the bill I would have given people an opt out clause that prevents them from getting access to any health care. If it's illegal to drive without insurance it should likewise be illegal to visit a doctor without insurance. Now, that idea is crazy and would never work but that is why the solution that was passed was created.

    dabaker1983

  • playmea said...

    Speaking of ramifications, think of the precedent being set if the ruling is passed with the mandate. It would mean that the government can mandate how Americans spend their money and on what.

    Actually, it really wouldn't. That is what we call fear-mongering.

    dabaker1983

  • dabaker1983 said...

    Actually, it really wouldn't. That is what we call fear-mongering.

    Actually, it would. That is what we call precedent.

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  • dabaker1983 said...

    If you want to drive, you purchase auto insurance. If you want to use the Healthcare system, you should purchase health insurance. If I were designing the bill I would have given people an opt out clause that prevents them from getting access to any health care. If it's illegal to drive without insurance it should likewise be illegal to visit a doctor without insurance. Now, that idea is crazy and would never work but that is why the solution that was passed was created.

    I don't think that idea is crazy at all. And is more in line with the car insurance argument. If you want health care, purchase insurance. Simple as that.

    The issue is that Americans can't stand the notion of someone being turned away. Thats what would have to be considered. So maybe not denying people who don't have insurance. But perhaps instituting criminal penalties for not being able to pay within a specific time period.

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  • fbllman said...

    While I believe that we all understand the importance of the SC's ruling on the health care law. What would some of the ramifications be on any of the current state/federal laws if the SC struck this mandate down? This is not a debate on whether the SC should or should not strike down the law, as there are plenty of threads for that specific discussion; rather this is a discussion of the reach of this ruling if the SC strikes down the health care law, or more specifically the individual mandate portion.

    One thing that comes to mind is auto insurance. I understand that this is a state law, but would this ruling cause auto insurance laws to become unconstitutional? Has that ever been challenged in the SC? I understand that there is a difference in terms of how auto insurance laws are to protect other drivers and not yourself necessarily, but that is the main law that comes to my mind. What are your thoughts?

    Remember that the Constitution limits the power of the fed govt but leaves the powers of states and citizens as open ended. To paraphrase, all powers not granted in the Constitution to the fed govt are powers granted to the states and citizens.

    Therefore overturning Obamacare will have no effect on state laws, such as Romneycare or auto insurance. However, the power of the fed govt will be more defined under the Commerce clause, and thats a good thing. If you lean to the left and the mandate is upheld, imagine the fed govt requiring everyone to buy a gun using the argument that every citizen will feel the need for self defense at some point in their lives.

    This post was edited by sarasotabcg on 3/30/2012 at 6:29 PM

    sarasotabcg

  • playmea said...

    I really don't get how people are so incapable of seeing this distinction.

    With car insurance, you only have to buy if you want to drive. (you have a choice)

    With the health insurance mandate, you have to purchase simply for being alive and an American. (you have no choice)

    Its that simple.

    I understand and agree with the premise, but the fact is that something like 1 in 6 people on the road refuse to obey the law and drive uninsured anyway. The rest of us have to pay more for uninsured motorist protection. Those who drive without insurance (or without a licence, common sense, actual driving skills, or a blood alcohol under twice the legal limit) are irresponsible and cause more than their share of collisions.

    For the conservatives out there, I still have never been told an answer- if a conservative, who of course is always in favor of personal responsibility, chooses not to carry health insurance, but then gets sick, should anyone be required to treat them? Why on earth would this be acceptable to you? It is OK to steal services from a doctor? It is OK to accept welfare then?

    BucksinWA

  • BucksinWA said...

    I understand and agree with the premise, but the fact is that something like 1 in 6 people on the road refuse to obey the law and drive uninsured anyway. The rest of us have to pay more for uninsured motorist protection. Those who drive without insurance (or without a licence, common sense, actual driving skills, or a blood alcohol under twice the legal limit) are irresponsible and cause more than their share of collisions.

    For the conservatives out there, I still have never been told an answer- if a conservative, who of course is always in favor of personal responsibility, chooses not to carry health insurance, but then gets sick, should anyone be required to treat them? Why on earth would this be acceptable to you? It is OK to steal services from a doctor? It is OK to accept welfare then?

    I'm not sure where you got that 1 in 6 stat. That sounds pulled out of your butt. But I don't care. It's not related to the point. We'll pretend its true.

    I do agree that those who drive without insurance are irresponsible. I also believe that they should be punished to an even greater extent than we do. But this is an interesting example. Because it still doesn't adequately correlate to your analogy. For example, an uninsured motorist who gets into an accident with you still inflicts damage upon you individually. However, an uninsured health care recipient does not impose any health care needs upon you.

    You are correct that premiums and fees go up as a result of uninsured health care recipients. But you are not correct in people not answering you. I believe I answered this in another thread.

    I have absolutely NO PROBLEM WHATSOEVER with people being denied health care due to their inability to pay. No problem at all. Now, that doesn't necessarily require health insurance. But funds must be present. Say for example an individual requests health care but does not have insurance. Then fees would absolutely have to be leveraged up front to that individual. They would have to pay an upfront consultation fee. Then, once issues have been diagnosed, the health provider would draft an estimate of the costs and demand an upfront payment, whether that be a fraction of the total or the complete total all at once is up to their discretion. If your check bounces, sucks to be you.

    The issue isn't whether Republicans, Conservatives, Libertarians or Capitalists have any problem with denying people health care. The issue is that you liberals believe that because you are alive, you are entitled to it.

    To me, health care is a service. An expensive one. It requires specialized training and carries a great deal of liability. Thus justifying the costs. This service also has a great deal of Economic demand with very limited supply. Which is another factor inflating the costs. In the end, its still a service. Its just one that people want so badly that they demand it be given to everyone. I don't see it that way.

    So if a Conservative comes to see a doctor and cannot pay, whether that be because they don't have the capital or they don't have insurance, then no, not a single person should be required to treat them.

    Funny how you use the word "required"! How very Marxist. Of course in your frame of understanding, to reach your dream of utopia, you fully comprehend that "requiring" is a necessity. Whereas, I have no problem with proprietors refusing business to someone on the grounds of not being able to pay.

    Perhaps if such restrictions didn't exist, and people could be refused, they might take their personal health much more seriously. Maybe as a result Americans would be healthier overall. Maybe that would reduce demand for healthcare. Maybe that would lower premiums. Maybe that would lower fees.

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  • Buckeye Warrior said...

    Auto insurance is not mandated. If you want the PRIVILEGE of driving on public roads, the rule is you have to have insurance. If you have no car and take the bus or subway, you are not forced to buy car insurance.

    How can you not understand that?

    Second, I really don't care what happens after the Supreme Court ruling. Obama Administration has been violating Federal Court orders to stop implementing Obamacare. Whatever chaos happens is on the Obama Administrations head.

    You are mandated to buy insurance if you drive. Mandated by the government. You can twist it anyway you want. Paying taxes are also mandated.

    dave1954

  • playmea said...

    I really don't get how people are so incapable of seeing this distinction.

    With car insurance, you only have to buy if you want to drive. (you have a choice)

    With the health insurance mandate, you have to purchase simply for being alive and an American. (you have no choice)

    Its that simple.

    Kind of like the stupid idiotic question from Scalia about being forced to buy broccoli? He wanted to know what was next? He's an ass. The answer should be no, I don't have to eat.

    dave1954

  • dave1954 said...

    You are mandated to buy insurance if you drive. Mandated by the government. You can twist it anyway you want. Paying taxes are also mandated.

    Key phrase... "If you drive"

    You aren't mandated to drive.

    However, if you happen to be alive, you will be mandated to buy health insurace.

    No twisting. You cannot twist this. You can try, but you can't. I love how you even claim anyone outside of Liberals are even attempting to twist it. If anything, its the Liberals attempting, and failing, to twist. Its very simple, the health insurance mandate will force Americans to buy something simply for being alive. You have no choice. At least you can choose (as many do) not to drive.

    Unless you believe people should simply take their own lives if they don't want to pay for the health insurance mandate.

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    playmea

  • dave1954 said...

    You are mandated to buy insurance if you drive. Mandated by the government. You can twist it anyway you want. Paying taxes are also mandated.

    You are not mandated to buy auto insurance. It is NOT the same thing. I do not drive. Guess what, I DON'T HAVE TO BUY AUTO INSURANCE! Also, driving is a PRIVILEDGE. The government takes that priviledge away if you have an OVI or too many speeding tickets.

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  • dave1954 said...

    Kind of like the stupid idiotic question from Scalia about being forced to buy broccoli? He wanted to know what was next? He's an ass. The answer should be no, I don't have to eat.

    You liberals seem to think this mandate would be limited strictly to health insurance. You simply don't understand how the law works. If the supreme court deems this as constitutional, that won't mean its only constitutional in regards to health insurance. That will mean the Supreme Court believes it is constitutional for the government to delegate what Americans can, can't and must purchase. Thats what is on the table. The United States Constitution doesn't just make exceptions for things Liberals feel is important. Its broad and all encompassing for a very good reason.

    Scalia used an extreme example. But extreme examples are used to illustrate a point. You don't like it and think its "stupid idiotic". Yet your answer is "don't eat". LOL! So, according to the hypothetical and your response, now these people are forced to buy broccoli but as an answer to the dilemma they shouldn't eat it???? That makes no sense. They are still be forced to purchase something by the Gov't.

    According to your logic people would still have to buy health insurance but they don't have to receive health care. Thats absurd. Nobody is complaining about taking advantage of health care options. They are complaining about the precedent being set by this bill.

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  • playmea said...

    You liberals seem to think this mandate would be limited strictly to health insurance. You simply don't understand how the law works. If the supreme court deems this as constitutional, that won't mean its only constitutional in regards to health insurance. That will mean the Supreme Court believes it is constitutional for the government to delegate what Americans can, can't and must purchase. Thats what is on the table. The United States Constitution doesn't just make exceptions for things Liberals feel is important. Its broad and all encompassing for a very good reason.

    Scalia used an extreme example. But extreme examples are used to illustrate a point. You don't like it and think its "stupid idiotic". Yet your answer is "don't eat". LOL! So, according to the hypothetical and your response, now these people are forced to buy broccoli but as an answer to the dilemma they shouldn't eat it???? That makes no sense. They are still be forced to purchase something by the Gov't.

    According to your logic people would still have to buy health insurance but they don't have to receive health care. Thats absurd. Nobody is complaining about taking advantage of health care options. They are complaining about the precedent being set by this bill.

    Damn. Good. Post.

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  • playmea said...

    You liberals seem to think this mandate would be limited strictly to health insurance. You simply don't understand how the law works. If the supreme court deems this as constitutional, that won't mean its only constitutional in regards to health insurance. That will mean the Supreme Court believes it is constitutional for the government to delegate what Americans can, can't and must purchase. Thats what is on the table. The United States Constitution doesn't just make exceptions for things Liberals feel is important. Its broad and all encompassing for a very good reason.

    Scalia used an extreme example. But extreme examples are used to illustrate a point. You don't like it and think its "stupid idiotic". Yet your answer is "don't eat". LOL! So, according to the hypothetical and your response, now these people are forced to buy broccoli but as an answer to the dilemma they shouldn't eat it???? That makes no sense. They are still be forced to purchase something by the Gov't.

    According to your logic people would still have to buy health insurance but they don't have to receive health care. Thats absurd. Nobody is complaining about taking advantage of health care options. They are complaining about the precedent being set by this bill.

    Interestingly enough many lawyers have made the argument that you are wrong.

    dabaker1983

  • dabaker1983 said...

    Interestingly enough many lawyers have made the argument that you are wrong.

    Interesting even more, because my argument is the VERY reason why the Supreme Court is even deliberating the issue in the first place. They are determining the constitutionality of mandating Americans to purchase something and of forcing Americans into a specific market as a result.

    So those lawyers you mention are feeding you a load of crap so they can be on TV. There are lawyers on the other side saying that everything I'm arguing is 100% correct. I can find lawyers that will get on TV and tell you pigs can fly. It doesn't mean crap.

    Otherwise, there would be no reason for the Supreme Court to even review. In fact, why do you think the Supreme Court is reviewing this issue then?

    Just because MSNBC puts lawyers on TV stating their opinions on an evnetual ruling doesn't mean its gospel. It just means TV is doing its job well. And that flooding the masses with their agenda in shaping the news as they see fit.

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  • It's being reviewed by the SCOTUS because your standpoint is no more evident than mine. The argument can go both ways and that is why the Supremes weigh in. This is basic stuff, man.

    dabaker1983

  • dabaker1983 said...

    It's being reviewed by the SCOTUS because your standpoint is no more evident than mine. The argument can go both ways and that is why the Supremes weigh in. This is basic stuff, man.

    So then you agree that there is the question of constitutionality to the ruling. If there wasn't, there would be no reason for the Supreme Court to review. Because there is that question of constituionality, we are where we are.

    Now, back to my argument, whats being deliberated is the constitutionality of a mandate to force Americans into a market. Not any specific market (such as health insurance) but any market.

    Which is the foundation of my argument.

    Of course the argument can go both ways. Otherwise, once again, the Supreme Court wouldn't be deliberating the issue. They would have already ruled.

    But you're arguing as if we've declared the SC has already ruled. Thats a cop-out. Nobody has said anything of the sort.. If you can't debate the points anymore fine. But this post quoted here is the equivalent of "I'm rubber you're glue".

    "This is basic stuff, man" LOL!!!!!!!!!!!!! Is that how you are able to get a leg up on the kids you debate with? Stating something obvious that isn't even being argued and then act as if the other guy doesn't get it? Come on... Something tells me you're going to revert back to some delusional hole and fabricate another argument with yourself and declare me wrong over something I've never said real soon.

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  • dabaker1983 said...

    Interestingly enough many lawyers have made the argument that you are wrong.

    A Prosecutor (who is a Lawyer) said OJ was huilty and put on a case to prove it. A Defense Lawyer said he was innocent and put on a case to prove it. One issue, two different sides, one outcome. However, most people acknowledge that he is guilty. The same can be said of this Obamacare case at the SC. However, most people know that it is unConstitutional, plain and simple, and that is the way the ruling is going to come down.

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  • Wrong. It's on Supreme Court's head. Just wait until all those people that had these benefits have them now taken away. Guess whomtheybwill be voting for? Also, Congress will be going Dem. thank you SCOTUS.

    dave1954

  • dabaker1983 said...

    If you want to drive, you purchase auto insurance. If you want to use the Healthcare system, you should purchase health insurance. If I were designing the bill I would have given people an opt out clause that prevents them from getting access to any health care. If it's illegal to drive without insurance it should likewise be illegal to visit a doctor without insurance. Now, that idea is crazy and would never work but that is why the solution that was passed was created.

    If you have no insurance and have an accident who pays?

    dave1954

  • dave1954 said...

    Wrong. It's on Supreme Court's head. Just wait until all those people that had these benefits have them now taken away. Guess whomtheybwill be voting for? Also, Congress will be going Dem. thank you SCOTUS.

    Actually, it would be on Obama's head. First, he has been violating a Federal Court order. Second, if he and the Democrats had passed a Bill that would pass Constitutional scrutiny then we wouldn't be in this situation. When the SC strikes down this Law, people will be mad at the Democrats in Congress and Obama for failing to deliver on a promise. The GOP will use the opportunity to tout a much better Healthcare plan. A lot of GOP members want to "Repeal and Replace" Obamacare.

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