Posted on 11/14/2011 3:10:50 PM PST by RobinMasters
The Supreme Court’s decision to consider whether President Barack Obama’s signature healthcare law is constitutional is good for a nation that has been in legal limbo for months on the issue, says healthcare expert Betsy McCaughey.
The former New York lieutenant governor predicted a split court, with a 5-4 majority in favor of striking down the law’s requirement for nearly everyone to take out health insurance.
The decision probably will rest on whether the court accepts a ruling from the Atlanta-based 11th Circuit Court of Appeals that around half the nation does not use any healthcare.
“The Obama administration lawyers have said mandatory insurance is necessary for free riders — the people who go to the hospital and do not pay for it,” McCaughey in an exclusive interview with Newsmax. “They argued again and again that the need for healthcare is universal and inevitable, that everyone is involved in healthcare commerce and this law regulates how they pay for it.
“But 13 percent of those are illegal immigrants and the rest will be eligible for Medicaid, so the individual mandate will not affect them.
“The 11th Circuit called that issue a sleight of hand, and I agree with that. Once uncovered, this fact is the silver bullet that will put the Obama healthcare law to rest,” she told Newsmax.
Some have called McCaughey an American hero for her knowledge of the issues that Obama’s Affordable Care Act raises and her doggedness in opposing it.
(Excerpt) Read more at newsmax.com ...
I certainly hope they do, but they probably won’t. Stare decisis long ago rendered the Constitution, as originally written, meaningless.
Well, the 5-4 part is probably right, but I don’t know which way it will go.
Color me skeptical. Common sense no longer seems to have a place in this nation.
Yep. The SCOTUS is not going to stand up against this regime.
Depending on courts is something the left has to do.
This court has been pretty good. We got the very favorable opinions on 2nd Amendment and campaign finance. I am optimistic, but very cautiously so.
“Color me skeptical. Common sense no longer seems to have a place in this nation.”
I agree. Even the Supreme Court will not say no to the Kenyan. Nobody will stand up and expose this fraud. I wish I could believe otherwise, but reparations are reparations don’t you know.
With 12 million to 20 million illegal aliens in this country, the taxpayer will be stuck with the bill. So middle class Americans will be forced to buy health insurance or be fined while illegal aliens will be given a free ride.
I believe the SCOTUS wants 3 questions addressed; the individual mandate, severability and jurisdiction. I'm not an attorney but if the SCOTUS buys into the argument that other courts have that the mandate can be severed from the rest of the law they may not kill the entire law. I think the point made about medicaid does help kill the individual mandate, but if the rest of the law remains private health care where we can make our own decisions will still be destroyed.
Never forget the Court’s dressing down at the SOTUS by Obama. Rude and without precedent, it may be avenged.
The AP was reporting the ruling going in favor of Obamacare...no surprise there.
Just what is this Banana Republic gonna do?
If those losers in Congress would do the right thing; it wouldn’t have to go to any court.
We no longer are a Republic (we are Rino, Republic in name only), and we don't even grow bananas.
the 5-4 part is probably right
If there were justice in this "republic", the outcome would be 5-3.
Personally, I think the ruling will labor over federal money used by hospitals. Since patients are using a facility that has enhancements provided by the federal government, then the federal government has an investment in how the facility operates.
While this might not apply to private hospitals, it probably would apply to public hospitals and even to a good number of private hospitals.
The government could say that in the same way that states can require auto insurance for those who use public highways, that the federal government can require insurance for those who use federally assisted hospitals/clinics.
The counter argument to that will be that it is a state’s rights issue to require any insurance, or that any federal financial support doesn’t pass a legitimate threshhold of support.
I don’t think a victory on ObamaCare should be taken for granted.
I think Kennedy might buy the above argument.
It really doesn't matter which way they vote because ultimately the people are going to have to decide between slavery or freedom.
Are there enough lamp posts in Washington, D.C. to deal with the TRAITORS in power?
Wishful thinking. If the court overturns this fiasco, they might have to explain why they let the several hundred Billion be spent to implement 90% of this damnable plan to begin with. Not to mention that Boehner has already shown a propensity to protect this massive takeover.
I have said all along that they will not overturn this mess, but I would be very pleased to be wrong.
I agree. Having come this far, I don't think the Obama mafia intends to lose. They will not leave this to chance or a good legal argument. They will use whatever it takes to get a majority in their favor.
I’ll believe it when I see it. This is a “Fed First” Conservative Court not a “States Rights” Conservative Court Court. I expect 6-3 or 7-2 upholding it. Sure as Hell hope I am wrong but this SCOTUS is not my type of Conservative Court.
If the Fed Govt limited the scope of their reform to just hospitals they fund they probably can do just about anything they want. However, the individual mandate that every citizen must buy health insurance extends beyond those that walk into govt hospitals. Probably the best analogy I can come up with is requiring car insurance. Every state can require drivers buy it, but they can not require I drive. IOW, if I chose not to drive then I don't have to buy it. Likewise, if I don't want to be treated in a govt run hospital I can't be forced to buy health insurance.
I don’t think a victory on ObamaCare should be taken for granted.
I don't see how the individual mandate stands. However, it's the issue of severability that concerns me. If the rest of the law is severed from the mandate then the result will be the same, the end of private insurance and individual rights in health care.
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