Posted on 04/01/2010 3:24:30 AM PDT by Son House
A national group representing doctors and surgeons filed suit over the new health care reform legislation, saying it “spells the end of freedom in medicine” in the U.S.
The Association of American Physicians and Surgeons (AAPS) wants the Patient Protection and Affordable Care Act (PPACA) to be overturned, according to its suit filed March 26 in the U.S. District Court for the District of Columbia.
“If the PPACA goes unchallenged, then it spells the end of freedom in medicine as we know it,” said Jane Orient, a doctor and the executive director of AAPS, in a statement. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients.”
The suit is the third to be filed against the legislation in just its first week. Shortly after President Barack Obama signed the bill into law last week, a cadre of attorneys general, mostly Republican, filed suit, arguing that the mandate that every individual buy coverage is unconstitutional. Virginia’s attorney general, Ken Cuccinelli, filed a similar suit on behalf of the commonwealth.
The AAPS agrees in its suit that the individual mandate is unconstitutional and also argues that use of the 10th Amendment regarding taxation is unconstitutional.
“Insurance company executives will be enriched by this requirement, but it violates the Fifth Amendment protection against the government forcing one person to pay cash to another,” she said.
The AAPS also argues the law violates the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation. “The taxing and spending power cannot be invoked, as the premiums go to private insurance companies,” the group said in the statement.
“The traditional sovereignty of the states over the practice of medicine is destroyed” by the reform legislation, the group added.
The AAPS said that in determining the cost of the legislation, the Congressional Budget Office was bound by assumptions imposed by Congress, including the ability to “save” $500 billion in Medicare, and to redirect $50 billion from Social Security.
The group, which forecasts “dire shortage of physicians” will result from the legislation, wants the court to enjoin the government from promulgating or enforcing insurance mandates.
It also wants the court to force U.S. Health and Human Services Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide “an accounting of Medicare and Social Security solvency,” according to its statement.
Court action is necessary “to preserve individual liberty” and “to prevent PPACA from bankrupting the United States generally and Medicare and Social Security specifically,” the AAPS statement said.
At least I know I “won’t have to change doctors”...
unless he/she is in court... called to testify... studying law... in jail... retired... out of work... in a new career...
Not that Scotus would likely entertain an unalienable right/Ninth Amendment argument, but I say there is no legitimate power for Congress to deny or severely limit my right to contract privately with a medical doctor.
The raw arrogance of the 535 minor gods in Congress who think they can substitute their Utopian dreams for the free market is breathtaking.
I don’t mean to sour the sentiments that federal courts all the way to the Supreme Court will strike down this horrible law which is a blatant socialist takeover of the United States. But I know that the socialists have some twisted minds in the legal arena, from Harvard constitutional law professors to sitting judges in the circuit courts as well as the Supreme Court. And those minds are dangerous because they are sufficiently intelligent to overcome by deceit our naturual sentiments as to what this horror is before us.
I hope and pray there will be some way that at least 5 Supreme Court Justices can fight back against the legal argument of Obamacare but I will not be glazed over by my wishful thinking. I do believe the Constitution is protective of our rights but that it is nonetheless a human document and is capable of being subverted just as all of us can be misled by deceit.
My purpose here is not to dampen our passions but to make us smart and alert. We must have a sense of what the other side has in the way of argument. Think for a moment, if possible to think of the horror that our Supremes cannot find a way to strike down Obamacare, even though they may passionately want to, that the arguments on the other side are so deceitful that it puts the Supremes in agony that to strike it down would be an act of legislating from the bench.
Please read the following short post of how the other side might prevail and why our Supremes could be in agony:
http://www.freerepublic.com/focus/news/2482778/posts?page=100#100
And here is a short post with information on how we can cause socialism to die in the United States:
http://www.freerepublic.com/focus/bloggers/2484174/posts?page=14#14
Be prepared for the worst. Persevere on the course linked above and we will have left our children a better America.
The magnificent temples in which the practice of medicine and all the ancillary sacraments are performed will be transformed into drab gray concrete sameness of communist Romania
Sue-sue-sudio!
America could do worse than to have Eric Holder managing the Fedguv fort at this particular time. The government arguments will almost certainly be very inane.
It shouldn’t be up to just the courts to decide. It is up to the people to decide and the courts to follow the Constitution.
Well, the courts are going to decide on the constitutionality of Obamacare under our Constitution as it exists today.
But if, if by our passions and by Divine Providence, we can follow through with the suggestions made in the Wall St. Journal article of constitutional law professor Randy Barnett that I linked above, then yes, it will be our will that decides.
But first things first, we need to get ‘wise’ and make our fellows ‘wise’.
With a left fist?
/sarc
They were Obama lab rats.
Ha ha. Hysterical. Those “doctors” of obama are all probably grads of the Kevorkian school of medicine.
Kinda late, but nice to see.
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