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Lawsuits that Could Make the Decrepit HealthCare.Gov Look Like a Hiccup
Townhall.com ^ | November 3, 2013 | Michael F. Cannon

Posted on 11/03/2013 9:40:05 AM PST by Kaslin

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1 posted on 11/03/2013 9:40:05 AM PST by Kaslin
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To: Kaslin

This will only escalate implementation of Single Payer (although I’m not sure SCROTUS would rule that Constitutional), because people being kicked off their health care plans is not going to be reversed.


2 posted on 11/03/2013 9:44:32 AM PST by CivilWarBrewing
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To: Kaslin

The flat stone is nicely skipping over the water while the crowd is watching. Eventually, it will sink in!


3 posted on 11/03/2013 9:48:55 AM PST by SIRTRIS
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To: Kaslin

If they think there will be lawsuits from private employers and individual taxpayers, wait until doctors try to actually get paid for services rendered under the unAffordable Don’t Care Act.

The train wreck signup data has to match the doctors invoices identifying individual patients.

Yeahhhhh...

.
.


4 posted on 11/03/2013 9:49:10 AM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: CivilWarBrewing

I’m still trying to figure out the feds can regulate an insurance company who sells a product only in, say, Texas. How do the feds have authority to tell them what kind of product they can sell when there is no interstate commerce involved?


5 posted on 11/03/2013 9:50:02 AM PST by JediJones (The #1 Must-see Filibuster of the Year: TEXAS TED AND THE CONSERVATIVE CRUZ-ADE)
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To: JediJones

They can’t.. Insurance companies are to weak kneed to fight it.


6 posted on 11/03/2013 10:02:47 AM PST by cableguymn (The founding fathers would be shooting by now..)
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To: TLI

I’ve been saying since the failed website rollout that the lawsuits will be what eventually derails 0zer0care. Now that the law is in place, everyone that is fined/taxed and couldn’t sign up on the website because of the failure of the govt to provide a working website will now have standing to sue because they can prove real harm courtesy of the IRS fine/tax. This could be millions of people that have lost private coverage due to 0zer0care and are being forced onto the non-working govt exchange. The ambulance chasing lawyers have got be drooling at all the class action lawsuits that are coming. The iron is too rich. Lawyers are one of the biggest backers of the dumbcrats, and it will be those same lawyers that are going to be their biggest problem with 0zer0care.
Plus you are correct when you talk about doctors not getting paid. That is the other shoe that is going to drop. Those people lucky enough to sign up for 0zer0care on the glitchy exchanges are going to find that their policies are probably so garbled that no one knows what they are covered for. So when the provider tries to collect from the insurance company, there is going to be all kinds of errors and finger pointing. You can pretty much assume that the insurance companies realize that this whole clusterfark is going to COST them money, not make them money. They will be in line with doctors/providers and the public in starting their own lawsuits. 0zer0care is a lawyers wet dream and a nightmare for everyone else, especially the dumbcrats.


7 posted on 11/03/2013 10:04:38 AM PST by SDShack (0zer0care = "The Final Solution" - Socialized Euthanasia Healthcare)
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To: CivilWarBrewing

Day by day I am starting to hold out hope that America is not over

Ie. more people voting who take and don’t work and voting D forever with 50+ %. Greece.

But a funny thing happened on the way to amnesty and single payer

They coddled together a wish list of guvmint care dating back through Hildebeest in 1993 and (hiccup) dead Kennedy from way back.

And somehow got it passed with no R votes.

And put it off past elections.

Roberts called it a tax and sent it back

And now- the implementation

EVERY body is concerned about health

Their clumsy attempt to take over is exposing who these people really are
To THEIR core constituencies
Labor .
loyal morons
. Regular housewives who buy the caring for the poor crap.
Rich folks here in CA
Kids who know nothing

I mean this thing the PPACA. Is sooooooo bad. Soooo poorly run

It just may chink that armor of ignorance and deceit that has been so carefully advanced by the media for a half century or more

Given the stupidity of elected democrats. And their stubbornness

We could be in for the long haul here of a huge stick to pound relentlessly them with

Hearing Obummer say over and over you can keep.

It’s stunning

Still. I sometimes wonder if anything can end the spell folks who vote D are under

Only the guvmint actually killing them might be it


8 posted on 11/03/2013 10:12:46 AM PST by Truthoverpower (The guvmint you get is the guvmint you deserve)
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To: FReepers

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9 posted on 11/03/2013 10:16:56 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: CivilWarBrewing

In spite of Rush’s repeatedly loud warnings, I see no basis in the current law for a single payer system.

The congress must legislate a single payer


10 posted on 11/03/2013 10:22:31 AM PST by bert ((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
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To: Kaslin
Insurance companies are regulated with the states they offer policies. With the heavy hand of the federal government now forcing insurance companies to offer only "qualifying plans" how does that affect state regulations about financial reserves, consumer disclosures etc.?

Obamacare was FUBAR from its very conception and it is painfully obvious that no member of Congress voting for this 3,000 page monstrosity ever read the bill let alone had any debate about its contents.

11 posted on 11/03/2013 10:31:27 AM PST by The Great RJ
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To: SDShack
0zer0care is a lawyers wet dream and a nightmare for everyone else, especially the dumbcrats.

There cannot be enough lawsuits against Obamacare, IMO.

12 posted on 11/03/2013 10:35:26 AM PST by VRW Conspirator (Obama is a proven liar.)
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To: CivilWarBrewing

What if the opposite happens. What if the people accidentally wake up and reject any further attempts from government to fix this any further. I must be delusional. That will never happen in the real world even though it should. It’s become too easy for many to rely on others for their basic needs.


13 posted on 11/03/2013 10:39:49 AM PST by Dutch Boy
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To: cableguymn

Under SCOTUS Commerce Clause jurisprudence going back to the thirties, if you fart in Colorado the Fed can regulate what you eat and mandate anti-flatulence meds on the theory that the sweet smell of your gas could drift over into Kansas, requiring some farmer to pause in his combining to roll up the windows. This could impact how much corn he harvests that day and thus prices on the corn market.

Basically, the enumerated powers provision of our Constitution, and the ninth and tenth amendment’s in the Bill of Rights, have been interpreted out of existence. And even if perchance some errant federal judge were to rule that your farting in Colorado had insufficient effect on interstate commerce to survive a tenth amendment challenge, Congress now knows that according to Chief Justice Robert’s preposterous pretzel-twisting logic, all it has to do to have any legislation whatsoever survive constitutional challenge is impose a penalty on the behavior it disfavors and call the penalty a tax - although Roberts would undoubtedly be willing to rewrite the law to make the penalty a tax, as he did with ObamaCare.

Face it. Under SCOTUS jurisprudence, the federal government can do anything it damn well pleases. You might as well throw away your copy of the Constitution. It’s a meaningless document today, and has been since the 1930’s.


14 posted on 11/03/2013 11:37:13 AM PST by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man.)
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To: Spartan79

“feds”, not “Fed”. Autocorrect got me again.


15 posted on 11/03/2013 11:39:31 AM PST by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man.)
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To: SDShack
I see it the way you do. People are going to die. There are going to be horrible stories from people who've had their insurance for decades, it got cancelled, and they couldn't sign up for a government policy for some reason....the site didn't work, too expensive,.... Or what if the new doctor in the exchange misses something they should not have?

And what about people moving from one state to another? Doesn't that mean new insurance? What if they move a few times a year? etc,etc

16 posted on 11/03/2013 11:45:36 AM PST by grania
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To: VRW Conspirator
There cannot be enough lawsuits against Obamacare, IMO.

I agree.
17 posted on 11/03/2013 12:31:47 PM PST by Signalman
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To: bert
In spite of Rush’s repeatedly loud warnings, I see no basis in the current law for a single payer system.

The congress must legislate a single payer

I think the theory is that after “the insurance companies screw everyone by dropping millions of policies” (not that Obama gives them any choice in the matter), there will be an undeniable emergency. And Congress won’t be able to allow it to continue - and the only way out for the people is to be for the Congress to pass “single” (i.e., monopoly) “payer” (i.e., tune-caller).

18 posted on 11/03/2013 12:32:11 PM PST by conservatism_IS_compassion (“Liberalism” is a conspiracy against the public by wire-service journalism.)
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To: JediJones
How do the feds have authority to tell them what kind of product they can sell when there is no interstate commerce involved?

Heh. First they use the power of the interstate commerce clause to prevent insurance companies from engaging in interstate commerce (i.e., selling across state lines). Then, they use the interstate commerce clause to regulate the strictly intrastate activities of insurance companies.

It's mind blowing. But, they've been doing it for years, as long as they claim that the intrastate commerce has some kind of affect on interstate commerce.

Started with Wickard v Filburn, and then was affirmed in Gonzalez v Raisch by none other than the strict constructionist, Antonin Scalia.

They've been doing it to intrastate production of marijuana for years, I hate to think people are surprised that it's applied to other things (light bulbs, toilets, etc.).

Congress may regulate noneconomic intrastate activities only where the failure to do so “could … undercut” its regulation of interstate commerce. ... This is not a power that threatens to obliterate the line between “what is truly national and what is truly local.

Scalia said that.
19 posted on 11/03/2013 12:42:28 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Kaslin

If Roberts could rule that 0-care is a tax, he could also find the the US government is a state. The other leftist bozos will have no problem ruling that the US government is a state because it is a state according to the UN and the UN has supremacy over the US.


20 posted on 11/03/2013 1:23:55 PM PST by grumpygresh (Democrats delenda est. New US economy: Fascism on top, Socialism on the bottom.)
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