Results 1 to 10 of 10
  1. #1
    Join Date
    Aug 2009
    Posts
    8

    Question Future Supreme Court Challenge to Health Care Reform

    The issue of health care reform is currently with Congress. Assuming it passes, and is signed by the President, what future legal challenges could a finished health reform law face?

    I know we don't know the details of the bill for sure, let alone if it will pass Congress, but there is plenty of chatter about.

    For example, never in the 230 years has the Government mandated anyone to purchase anything. Could this be found constitutional with the current Justice makeup?

    Go ahead and speculate....

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Future Supreme Court Challenge to Health Care Reform

    If it is challenged as a TAXPAYER suit, it will fall, as we can not argue as UNconstitutional an expenditure of Congress, except in rare cases; Massachusetts v. Melon.


    Article 3 Standing will ne necessary.

    The govt. has forced us to purchase before, at least in an indirect sense, TAXES.

    State level, it happens all the time, driver's license, fishing license, liability insurance to drive, etc.

  3. #3
    Join Date
    Aug 2009
    Posts
    8

    Default Re: Future Supreme Court Challenge to Health Care Reform

    ok.....anyone else?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Future Supreme Court Challenge to Health Care Reform

    Yeah...

    We really don't do homework.

  5. #5
    Join Date
    Aug 2009
    Posts
    8

    Default Re: Future Supreme Court Challenge to Health Care Reform

    this is my personal question, Im 48 and dont get f@#ing homework any more.....

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Future Supreme Court Challenge to Health Care Reform

    Then you are simply wasting our time with a stupid hypothetical question.

    Lets see, anyone with standing could technically sue. It would probably be businesses with money like insurance companies. It would be in US District Court, then appealed by one side or the other to a US Court of Appeals in a couple of years. They will probably kick it back to the trial court for some reason and they might get appealed again. Maybe a few of those cases will go to the US Supreme Court asking for cert. Cert is rarely granted, so maybe in five or six years or so one case might hit the Supreme Court. You flipping tell me what the subject will be or the parties will be. You will win a prize. What a moron.

  7. #7
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Future Supreme Court Challenge to Health Care Reform

    Quote Quoting timotb
    View Post
    The issue of health care reform is currently with Congress. Assuming it passes, and is signed by the President, what future legal challenges could a finished health reform law face?

    I know we don't know the details of the bill for sure, let alone if it will pass Congress, but there is plenty of chatter about.

    For example, never in the 230 years has the Government mandated anyone to purchase anything. Could this be found constitutional with the current Justice makeup?

    Go ahead and speculate....
    Here's my take.

    If the government can't force me to pay for my own health care, then, they shouldn't force me to pay any one else's health care, either, even if they call it Medicaid, serviced through the ER of most hospitals, where the uninsured gets treated for free.

    If we all agree to outlaw Medicaid, and hospitals MUST turn away anyone who can't pay, then I have no problem with the government not mandating coverage. Unfortuantely, I had a business, where at one point, I paid $1,675/month for family coverage, compared to $650/month 7 years before that, and I beleive a good part of it goes to treat the uninsured.

    Surveys had shown that many people are financially able to buy coverage, but choose not to. And why not?? There's suckers like me buying coverage that's going for their ER care.

  8. #8
    Join Date
    Nov 2009
    Posts
    1

    Default Re: Future Supreme Court Challenge to Health Care Reform

    Quote Quoting BOR
    View Post

    The govt. has forced us to purchase before, at least in an indirect sense, TAXES.

    State level, it happens all the time, driver's license, fishing license, liability insurance to drive, etc.
    I'm not a lawyer, but it seems to me that the above quote identifies voluntary actions. Don't want to pay for a driver's license or liability insurance required by it, don't drive; don't want to pay for a fishing license, don't fish. You're allowed to opt out. The version of health care reform passed by the House appears to have no opt out.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Future Supreme Court Challenge to Health Care Reform

    Quote Quoting kwm1964
    View Post
    I'm not a lawyer, but it seems to me that the above quote identifies voluntary actions. Don't want to pay for a driver's license or liability insurance required by it, don't drive; don't want to pay for a fishing license, don't fish. You're allowed to opt out. The version of health care reform passed by the House appears to have no opt out.
    I'm not a lawyer either, but I said "indirectly". There are already moves to challenge the Constitutionality of it once enacted.


    FICA and income taxes, etc. are not voluntary though if you work.

  10. #10
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Future Supreme Court Challenge to Health Care Reform

    Quote Quoting kwm1964
    View Post
    I'm not a lawyer, but it seems to me that the above quote identifies voluntary actions. Don't want to pay for a driver's license or liability insurance required by it, don't drive; don't want to pay for a fishing license, don't fish. You're allowed to opt out. The version of health care reform passed by the House appears to have no opt out.
    I have no problem with an "opt out" if the law FORBIDS hospitals and health providers treating anyone using tax dollars, in emergency rooms, i.e. through medicaid, or any other method of public funds. If people show up, has no insurance card, they have to be sent away, NO EXCEPTIONS.

    You'll have to chance people dying on the steps of hospitals, but we'll have to get used to looking the other way if that happened.

    In other words, NO MORE FREE RIDES, especially for people who can afford to pay, but choose to take a chance, and then make everyone else pay when something happens.

    I can see cards issued with exemptions like the way workman's comp works in my state. For companies with enough financial resources, they can choose to be self insured, and be certified so. In this case, someone like Bill Gates can choose to "self insure".

    In fact, anyone can OPT OUT, and with computer technology, it should be easy enough to maintain a national database of people who opted out, and thus NOT allowed into medical institutions, without a pre-payment, a self-insured card, pretty much the way the "no flyer list" is done, where people on the list can't go onto airplanes.

    They already included a provision denying payment for abortions, so the princpal is made to deny a class of people entry into any medical institution anyway.

    Also, no bankruptcy protection if you opted out. If you opted out, I don't want to hear any sob stories.

    I chose a lower paying job that provides comprehensive health insurance. I think it's grossly unfair that someone can choose a higher paying job with an employers not providing insurance (because if they provide coverage, they become uncompetitive), and then sticking my employer, my insurer, and also the taxpayers with the bill.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 5
    Last Post: 11-10-2010, 07:14 PM
  2. Expenses: Parent is Not Providing Court Ordered Health Care
    By Mommy1 in forum Child Custody, Support and Visitation
    Replies: 17
    Last Post: 04-26-2010, 10:53 PM
  3. Constitutionality of Health Care Reform
    By Baz744 in forum Debate the Issues
    Replies: 1
    Last Post: 03-25-2010, 11:21 AM
  4. Expenses: Health Care
    By scared of law in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-28-2009, 10:01 PM
  5. Family Court Reform
    By NdK1009 in forum Debate the Issues
    Replies: 2
    Last Post: 11-02-2009, 06:51 AM
 
 
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Legal Forms - Buy easy-to-use legal forms.