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Poll: Is The Affordable Care Act Unconstitutional?

The U.S. Supreme Court is expected to rule on challenges to the Affordable Care Act this week.

Original June 24 Post: The U.S. Supreme Court is expected to rule on the constitutionality of the Affordable Care Act this week.

The central issue being considered by the court is whether Congress' power to regulate commerce means that it can mandate people to buy health insurance, The Atlantic reported.

The court could rule the mandate unconstitutional and throw out part or all of the Affordable Care Act, or uphold the act in its entirety, the New York Times reported.

The Weekly Standard reported that the individual mandate goes beyond regulating commerce, and instead compels commerce by forcing individuals to purchase something.

The idea behind the mandate, as NPR reported, was that it would reduce health care costs by broadening the base of those paying premiums and by reducing costs associated with the uninsured who resort to seeking treatment in emergency rooms.

The Atlantic pointed out that although the act mandates health insurance for all, it provides the option for those under 30 to purchase bare-bones catastrophic insurance. The magazine also stated that the same option is available for those over 30 who show financial hardship.

The Atlantic stated that the provisions in the law to minimize the financial burden on individuals was effectively a "limiting principle" for the legislation.

Larry July 16, 2012 at 05:40 PM
http://www2.macleans.ca/2010/05/17/taking-the-scare-out-of-obamacare/ The link "ME" provided goes to a site about the 'Swiss model'. The above article addresses the same. I think I've given it a fair hearing, if reading Ms. Herzlinger'sl book may count as that. The article dates from two months after Obamacare was signed into law. "worried about the costs to the public treasury—another $2 trillion, she expects, on top of the existing $38 trillion unfunded liability for Medicare, ... she thinks the administration has not begun to properly account for these costs. “The notion that we’re going to find half a trillion dollars from cuts in benefits,” she says, “I think is dubious.” Even if it wasn't that still leaves $1.5 trillion, but Obama still insists it will reduce the deficit. By what slight-of-hand can that happen? "How to discourage insurers from cherry-picking the healthiest cases, Obamacare’s proscriptions notwithstanding? Pay them more for taking on clients in riskier groups." "ME" said that doesn't work, even though it appears to be a centerpiece of the mandating she advocates. (Me is a she, no?)
Larry July 16, 2012 at 05:44 PM
http://www.nationalreview.com/critical-condition/262793/obamacares-first-anniversary-lets-hope-there-arent-too-many-more-paul-howa "Because the subsidies in the exchanges will be richer than what many private-sector workers enjoy today, and the penalty for companies who drop coverage is relatively low, many companies may decide to dump their low-wage employees into Obamacare — exploding the costs of the program for taxpayers." That appears to be the weak point in Helzinger's calculations of Obamacare -- dubious optimism about how the exchanges will work in practice not theory. "Perversely, hospitals and doctors that keep costs down and quality high are actually paid less by programs like Medicare and Medicaid, unlike every other sector of the American economy. The few bright spots in the law that might encourage innovation — like the health-insurance exchanges — will likely be stifled by federal regulations that limit states’ ability to offer truly innovative insurance designs. The flexibility that the exchanges really need — and that many governors have called for — for spurring innovations that offer higher quality care at lower cost is not likely to be forthcoming from the Obama administration."
Larry July 16, 2012 at 06:29 PM
http://www.myheritage.org/news/why-obamacare-is-wrong-for-america-2/ "The most prevalent myth is that Congress dropped the “public option” from the final version of the bill before it became law. In fact, it re-created the public option in a new form: In 2014, the federal government will sponsor at least two health plans, operating under unique rules, to compete directly against private health plans in every state in the nation." The Obamacare defenders stalking out appear to be sore winners to me as each step of the way the plan has overcome every obstacle. I do not recall anyone arguing that waiting to repeal it was the best way to stop it. At least not until now that it's the only way left; the last and slimmest chance. Conservatives on the whole have mastered the art of being gracious losers, having had so much practice at it, but it's unreasonable to expect it to be a qualifying trait. Idealistically it might be nice if all the uninformed or rude or radical people on the Left & Right went away but the Left will never go for that as it would shrink their ranks the most by far. That is why when someone on the Left complains about "tone" in a discussion, you can bet it means " sit down, shut up, andget out of the way of fundamentally transforming America."
Me July 16, 2012 at 07:07 PM
@ Larry - I will break a vow for one last post. No doubt I will be labeled as a Marxist or an idiot for having the audacity to speak up but since I really don't care what you or Schulte have to say about me I am going to set the record straight. I am neither a Marxist nor a Libertarian. I am a true moderate caught in the crossfire between these two irrational groups. You have willfully omitted an important quote from te article. "But far from leading to a government takeover of health care, as many fear, Herzlinger believes the knock-on effect of Obamacare will be to hasten the emergence of a market for consumers to purchase health care for themselves and their families, rather than relying, as now, on employer-provided plans—the very “consumer-driven” model of health care she has advocated in three books and countless articles and speeches over the last decade. From a system designed around the interests of insurers, hospitals, governments and employers—the leading culprits identified in her latest book, Who Killed Health Care?—Herzlinger sees the beginnings of one that caters to the demands of individual consumers and patients." Did you not come across this when you were reading the book?
Larry July 16, 2012 at 09:52 PM
I "willfully ommitted" large parts of the article because I could hardly quote it all. I linked to it though, which allowed anyone to comment on whatever part of it as I did and now you have too. Fair enough? The book was published in 2007 which should explain well enough why I didn't read in it an endorsement of Obamacare. Its theme was "consumer-driven healthcare". It was a term she used repeatedly as much as she avoided terms like "universal coverage" and "public option". I do find it suspicious that the Democrats most enthusiastic to pass Obamacare, not the least Obama himself, were career-long proponents of Single-Payer. So they proposed a 4000 page bill of private consumer advocacy? Forgive my skepticism on that. Consumer-driven discussion was found on the Republican side and came to a halt with the Obamacare bill. Rewriting it to over 4000 pages was not the result of compromises with Republicans or else at least ONE Republican would've voted for it. No, it was the most partisan vote ever of such a major legislation. More reason I find something fishy about any supposed moderate endorsing it. http://healthblog.ncpa.org/is-there-a-republican-alternative-to-obamacare/ http://www.aei-ideas.org/2012/05/key-obamacare-architect-endorses-paul-ryans-medicare-reform-plan/ No Republican alternative ideas? Without repeal, that of course ends up just another moot point. Another lie told ... but for a good cause, which makes it all OK.

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