Who Says ERISA Bans Employer Mandates? The Chief Judge Of The Ninth Circuit... (Buh Bye Arnold Care)

San Diego Union Tribune ^ | 11/27/2007 | Chris Reed

[goldstategop]

When I was browsing Rough & Tumble this morning and saw that Associated Press had come up with its own in-depth analysis of the governor's health care proposal, I was hopeful that the global wire service would take a close look at the vast evidence that the gov's plan was illegal under a 1974 federal law known as ERISA.

No such luck. Even though the only state in the union with a law mandating that employers provide or pay for health insurance is the one (Hawaii) with a congressional exemption from the federal law, this fact has barely been acknowledged during California's health reform debate. AP reporter Laura Kurtzman also didn't think it was worth mentioning.

[goldstategop]

ArnoldCare is a dead letter beyond the issue of cost. More to the point - its unconstitutional. Why? The Chief Judge of the most liberal federal appeals court in the country says so. ERISA is a federal law that prohibits states from imposing any EMPLOYER mandate to pay for any kind of benefit. What can we conclude from this? Buh Bye ArnoldCare. It won't survive a federal court challenge. The entire MSM overlooked the ERISA issue. Simply amazing.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[massgopguy]

Hopefully there will be a similar ruling on MA’s Individual Mandate under the 4th, 13th and 14th Amendments.

[goldstategop]

I don't know about that but employer mandates are unconstitutional. California is wasting its time deliberating on a plan that won't survive a court challenge. And without employers contributing, the entire notion of socialized medicine is a farce. I usually am not on the same side as the Ninth Circuit but ERISA is crystal clear. They can't do that. They couldn't do that in Maryland in respect to Wal-mart. Some people never learn.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Beagle8U]

Lets hope it kills WillardCare too. Just in time for the primaries.

[CharlesWayneCT]

My guess is not. First because if such a challenge was possible, someone would have launched it when the law first took effect last year, and I don’t remember seeing a lawsuit on that point.

Second, I believe Mass. program doesn’t mandate health coverage. It simply taxes employees who don’t provide it.

[goldstategop]

A state can't impose an employer mandate, period. I'm sure they knew that in Massachusetts. My guess is they will have to scale back the coverage in California and strip out the employer mandate. The final bill will bear little resemblance to universal coverage. They labored over a mountain and produced a molehill. Oh well. I look at it as good news.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[massgopguy]

The MA program known as Chapter 58 takes the Personal Exemption on your Income Tax Form away from “residents” who do not purchase Health Care Insurance by the drop dead date. Then it institutes escalated monthly fines until you do. Unless of course you leave the state, which I assume is still legal. Chapter 58 also exempts Illegal Aliens from having to comply. They will remain in their status as “Free Riders”. Those sections of Chapter 58 were vetoed by Mitt were eagerly overridden 31-6.
You must also include detailed information about your policy on your next Income Tax Form.

4th amendment: Persons to be secure in their papers.
13th amendment: Coercion into entering a contract is peonage.
14th amendment: HIPPA violation

Of course such a challenge is possible, but the ACLU wants Socialized Medicine too.

[goldstategop]

I'm sure you could sue. But its hard to say NO to the government these days.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[massgopguy]

So far there are 20% of eligible residents who have failed to comply yet. This, as the CATO Institute has to my glee, predicted will throw the MASSDOR into a quagmire of tracking, penalties and subsidies. This is nothing more than a sop to the Insurance Lobby that bought our House of Reprehensibles.