Posted on 12/23/2009 5:56:10 PM PST by RummyChick
Prof. Epstein's focus is very different, and a heartening reminder for capitalists in the age of Obama. Drawing on the Bill of Rights protections against takings without just compensation and deprivation of property without due process of law, and on the Supreme Court's rate-regulation jurisprudence, Epstein concludes that the Constitution assures that "any firm in a regulated market be allowed to recover a risk-adjusted competitive rate of return on its accumulated capital investment." (Citing the Supreme Court's decision in Duquesne Light Co. v. Barasch (1988))
Applying these principles, Epstein concludes:
The Reid Bill emphatically fails this test by imposing sharp limitations on the ability of health-insurance companies to raise fees or exclude coverage. Moreover, the Reid Bill forces on these regulated firms onerous new obligations that they will not be able to fund from their various revenue sources. The squeeze between the constricted revenue sources allowable under the Reid Bill and the extensive new legal obligations it imposes is likely to result in massive cash crunch that could drive the firms that serve the individual and small-group health-insurance markets into bankruptcy.
what constitution?
None of this will matter.
War is coming.
So what can we do, besides a revolution...what a Christmas gift!
Many are saying that this is precisely their plan: drive the insurance companies into bankruptcy and force a government run single payer system on Americans. They are not risking massive losses at the next election for nothing.
“what constitution?”
The Constitution that gives the citizens the rights to remove tyrants from power using whatever means necessary.
Civil law is on our side. We just have to seize the initiative to “convince” congress theirs is the freedom in jeopardy, not ours.
Constitutions? We don’t have to show you no stinkin Constitutions!
All we can do is gather and reminisce about the good old days. Well, while reminiscing is still legal. Ah, wasn’t liberty grand.
Oh, we are going seize a lot more than initiative. Tar and Feather stock is about to go way up.
I am an attorney . It is so unconstitutional by historic standards it is mind boggling. But they have communists on the court like Ruth Buzzy and Sotomayor ,so they just rape it.
In fact, as the story goes, when ol' Bill popped out of his mother's womb, his mama said, "Now that's one unconstitutional boy..."
Roosevelt was so annoyed that the Court would not allow him to do as he pleased that he tried to pack it. Obama may not have to bother.
Sotomayor, surely, will make a decisions based not on its constitutionality, but whether or not it will help people of color and whether or not the bill helps the underdog. She will not make a decision based on the law. I pray that I am wrong.
And Leadline has a lot of investment interest and is projected to go through the roof..and the wall....... and the door........
Thanks for posting. Note/BUMP!
And they are 100% correct.
This is a pretty well planned course of action by the fascist Democrats, and they are going for the long haul. Unlike the dimwit Republicans who see nothing beyond picking up seats in an upcoming election. A meaningless election if this edict comes to pass.
Read Richard Epstein’s article here:
http://www.pointoflaw.com/columns/archives/2009/12/impermissible-ratemaking-in-he.php
And watch Epstein here, in a debate 2 months ago with an idiot Obamabot about features of the Democrats’ bill, which have not changed:
http://www.youtube.com/watch?v=vIfsGL_2Zo8
Let the lawsuits begin....
Many are saying that this is precisely their plan: drive the insurance companies into bankruptcy and force a government run single payer system on Americans. They are not risking massive losses at the next election for nothing.
Your exactly correct. As Obama stated many times before the election that theirs is a long term plan to get to a Single Payer if need be.
Isn’t that conduct unbecomming a judge?
Or is it just treason?
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