[click image].
Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications.....
love, 99
.
[click image]Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications....
[click image]Big legal setback for Obama's health care overhaulStrike the miserable sucker down and put in Medicare for everyone after we've hogtied all the fascists and dipped them in tar and feathers.
By MARK SHERMAN and ERICA WERNER, Associated Press – 23 mins ago
WASHINGTON – President Barack Obama's historic health care overhaul hit its first major legal roadblock Monday, thrown into doubt by a federal judge's declaration that the heart of the sweeping legislation is unconstitutional. The decision handed Republican foes ammunition for their repeal effort next year as the law heads for almost certain eventual judgment by the U.S. Supreme Court.
The ruling by U.S. District Judge Henry E. Hudson, a Republican appointee in Richmond, Va., marked the first successful court challenge to any portion of the new law, following two earlier rulings in its favor by Democratic-appointed judges.
The law's central requirement for nearly all Americans to carry insurance is unconstitutional, well beyond Congress' power to mandate, Hudson ruled, agreeing with the argument of Virginia's Republican attorney general — and many of the GOP lawmakers who will take control of the U.S. House in January. Hudson denied Virginia's request to strike down the law in its entirety or block it from being implemented while his ruling is appealed by the Obama administration.
"An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause," said Hudson, a 2002 appointee of President George W. Bush.
Nevertheless, the White House predicted it would prevail in the Supreme Court, although it may be a year or two before the health care law gets there. The next step for the Virginia lawsuit is the 4th U.S. Circuit Court of Appeals in Richmond, where Democratic-appointed judges hold a majority.
In an interview with television station WFLA in Tampa, Fla., on Monday, Obama emphasized that other judges had either found the law constitutional or dismissed lawsuits against it.
"Keep in mind this is one ruling by one federal district court. We've already had two federal district courts that have ruled that this is definitely constitutional," Obama said. "You've got one judge who disagreed. That's the nature of these things."
But in the short term, the latest court ruling hands potent ammunition to GOP opponents as they prepare to assert control in the new Congress with promises to repeal the law. Obama in turn has promised to veto any repeal legislation and appears likely to be able to prevail since Democrats retain control of the Senate. Republicans also have discussed trying to starve the law of funding.
Whatever the eventual outcome, Monday's ruling could create uncertainty around the administration's efforts to gradually put into effect the landmark legislation extending health coverage to 32 million uninsured Americans. And it can only increase the public's skepticism, which has not significantly receded in the months since the law's enactment, defying Obama's prediction that it would become more popular as the public got to know it.
Obama aides said implementation would not be affected, noting that the individual insurance requirement and other major portions of the legislation don't take effect until 2014.
Underscoring the potential for Hudson's ruling to become a political cudgel for the new Republican House majority, incoming House Speaker John Boehner, R-Ohio, quickly cautioned states against "investing time and resources in Obamacare's implementation now that its central mandate has been ruled unconstitutional."
"Republicans have made a pledge to America to repeal this job-killing health care law, and that's what we're going to do," said Boehner. Calls to repeal the law were a staple of tea party campaign rallies this year.
Other lawsuits are going forward, including one by 20 states that gets under way Thursday in Florida. That suit also challenges whether the federal government can require states to expand their Medicaid programs.
The suit that was decided on Monday had gained a high profile because it was pursued by Virginia's outspoken attorney general, Ken Cuccinelli. The two earlier cases decided in favor of the administration were brought by little-known legal entities.
In his ruling, Hudson largely agreed with Cuccinelli's argument that Congress exceeded its authority, and he dismissed the Justice Department's argument that the insurance-buying requirement would come under the definition of regulating interstate commerce, a power given to Congress by the Constitution.
The mandate for people to buy insurance "is neither within the letter nor the spirit of the Constitution," the judge said.
Hudson limited his ruling to striking down the so-called individual mandate, leaving intact other portions of the law — something supporters cast as a victory. But administration officials and outside analysts agree that important provisions of the legislation could not go forward without the requirement for everyone to be insured. That's because insurers need to have large pools of healthy people, who are cheap to insure, or it is not financially tenable for them to extend coverage to anyone with a pre-existing condition or guarantee certain policies to nearly all comers.
Some provisions of the law took effect in September, six months after its passage, including free preventive care, an elimination of lifetime limits on coverage and a requirement for insurers to allow adult children to stay on their parents' health plans until age 26.
Hudson recognized that his would not be the last word on the subject.
"The final word will undoubtedly reside with a higher court," he wrote.
White House health reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges — in Virginia and Michigan — who have upheld the law. She said the Justice Department is reviewing Hudson's ruling.
In contrast to Hudson's ruling, the judges in Michigan and Virginia, both appointed by President Bill Clinton, said the purchase requirement was allowable under the Constitution.
[click image]
[click image]
[click image]
[click image]
[click image]
[click image, via jo6pac]
[click image]
[click image]
[click image]
[click image]
[click image]It‘s Not That the Health Care Bill Does Too Little Good, It’s That It Does Too Much Harm.
By: Jon Walker | Wednesday March 17, 2010 | 1:41 pm
The greatest problem with the Senate health care bill is not that it does “too little” to help people. The problem is that the bill does too many terrible things to help all the bad actors.
The Senate bill further entrenches the private health insurance system. It continues the terrible pattern of privatizing our social safety net in such a way that business skims 20% off the top. It makes sure the big, life saving medications of the future remain incredibly expensive, so as to enrich the drug industry. It takes a giant step towards eroding women’s reproductive rights. It wastes hundreds of millions to fortify the same, broken health care system that is crushing our economy. The worst part is I don’t see anything in this bill that might serve as a path to real reform. There is no public option or Medicare buy-in. There is no proper state single payer waiver. There is no mechanism to move to an all-payer system and/or a clear path to force for-profit companies out of the health insurance market.
I would gladly fight for a smaller health care bill that just gave Medicare to people over 50 who don’t want to keep their current insurance. That would help fewer uninsured people, but would do it the right way. It would be real help, and it would be done in a simple, cost effective, and fiscally conservative manner. It would be a small step, but, importantly, it would be a step in the right direction. That would actually be a health care reform foundation I would be proud to build on.
I have no problem fighting for incremental reform as along as it is improvement done the right way, or at least with a pathway in the right direction. What I do have a real problem with is taking big steps if they are steps in the wrong direction. If anyone can actually explain how this bill, which will funnel hundreds of billions of dollar into private hands, and force millions of Americans to be customers of the same private health insurance companies that helped ruin our health care system, will actually serve as a vehicle for the real reform we will eventually need, I would love to hear it. Personally, I just don’t see how the fight will be easier in the future, once the health insurance industry is a few hundred billion dollars richer, and already has a captive market thanks to the IRS.
[click image]
[click image]Obama, who's set a Thursday deadline for final passage of his top legislative priority, postponed a trip to Asia by three days to pressure or cajole wavering Democrats.Or when they open Medicare to everyone....
Clyburn expressed doubt that the House would vote by Thursday. He said lawmakers might have to stay in Washington right up to Easter Sunday, wrangling over their differences, and he wasn't certain the showdown vote would take place by then.
[click image]As the urgency for Democrats increases for the health care overhaul, a pragmatic air is settling in among some Democratic groups that once were lukewarm to the legislation.You only want universal care if it won't mean the Democratic Fascists lose votes.
Moveon.org, the liberal advocacy group, took a vote of its membership last week and found that 83 percent said the House should pass the Senate bill. Not long ago, the group was urging Democrats to push for a stronger measure that included a public option.
[click image]Congressional opponents of the war in Afghanistan forced a debate Wednesday on the floor of the House of Representatives on a resolution to bring U.S. forces home and end the 8-year-old conflict.Grayson was one of these... as, of course, were Kucinich and Paul.
The measure ended up losing, 356 to 65, a margin that had been expected.
[click image of Arianna Huffington greeting Rupert Murdoch]
[click image]










No one has to "marry" anyone else politically; no one has to embrace every tenet or belief that an anti-imperialist ally might hold. You simply have to say: "All of us, regardless of our other views, believe this truth to be self-evident: dismantling the empire will bring immediate and enormous benefits to our nation and to the world."





















If in your travels you meet the Buddha, throw him through your tv set.
—Davis Fleetwood

I've found that culture, however useful and important, is neither the foundation nor the ceiling of human experience, even if it is commonly used for walls.











I really consider President and Mrs. Mubarak to be friends of my family. So I hope to see him often here in Egypt and in the United States. —Hillary Clinton






