How will the vote fall out on HCR this weekend?

[Sheherezade]

I need to check up on the Medicaid bit. I know that at least in the short term, the federal government is paying the State portion of Medicaid to avoid burdening state budgets. I don't know if that expires or if it is permanent.

[PrincessFiona]

As far as the medicare cuts are concerned, this is separate from health care reform. Reductions in medicare payments passed in the 90's as a way to help reduce the deficit. Each time we postpone the cuts, the next cuts are larger.
http://www.google.com/hostednews/ap/...p19lAD9E63FBO0
Was this not Clinton era?

I think there are some good things in the bill. I support mandates and no denial for pre-existing conditions. Beyond that, I'm not sure. I think something has to change. We'll see what happens next.

Kris

[Sheherezade]

All the health care sector stocks went up today. The word from on high at DH's hospital was that this will be positive for the business there. I guess it depends on how much you have been losing to the uninsured. Pharma seems happy with the patent protection extension to 12 years. To me, it seems like each piece of the puzzle took a hit and got something out of it. I read that the only "moving part" that really got nothing good out of this was the medical device business - which absorbs new taxes but gets no clear benefits.

[rainbabies]

So now it's headed to the supreme court?

[DCJenn]

If it gets that far. The Texas AG is salivating at the chance to get his name out there w/ all of the other ones. Of course, it has to be SIGNED first...

J

[PrincessFiona]

Just curious, but how can the mandate be unconstitutional? Many states mandate that you carry car insurance (liability) and that is also through private companies. Is that unconstitutional as well?

[SuzySunshine]

Has anyone found a good site that explains this thing in laymen's terms? I'm tired of all the media BS and would like to make an educated opinion.

[Sheherezade]

I think that the federal mandate interferes with states rights in interstate commerce. Something like that. *shrug* I'd imagine that this angle has been investigated and that there is a counter argument. After all, it has been debated for a year, Obama originally opposed the mandate but came around to it AND the man is a constitutional lawyer. Surely, they've discussed this. Right?

The states right vs. federal rights is an interesting argument all around. It comes up in many aspects of modern politics. Didn't the Chicago gun case also consider state/local law vs. federal?

The states right vs. federal rights is an interesting argument all around. It comes up in many aspects of modern politics. Didn't the Chicago gun case also consider state/local law vs. federal?

Yes. Big time. The thing is, if it DOES get to the Supreme Court, I'd imagine it will go much the way of the Chicago gun case.

[PrincessFiona]

I think I vaguely remember that it had something to do with the fact that you can get out of paying apenalty by purchasing insurance or opt out of insurance and pay a fine....something like that?

[Rapunzel]

The way the states will challenge it (and, to date there are 38 states planning to do so) is by pointing out that the bill interferes with interstate commerce by mandating on a federal level that all citizens purchase healthcare coverage. In some states, such as Virginia I believe, it is actually illegal for the state government to require the citizens purchase insurance coverage for healthcare. This federal law will obviously run right up against this state law.

It's really a very good argument that all of these individual states have, actually. And, probably a big reason Obama has already started a war of words with the Supreme Court. Even though the bill has a clause in it which states it can never be revoked the SCOTUS has the right to rule it unconstitutional (and, thus revoke-able).

It does come down to a matter of federal regulations overstepping their bounds and causing big problems with states' laws and constitutional rights. I'm wondering just how much Obama is going to "lobby" the public to turn against the Supreme Court - and, honestly, what is the point in doing so except for trying to maybe get rid of it??? This is shaping up to be very weird.

[Rapunzel]

The state attorney generals who are challenging the law collectively are (at this point): Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington. (according to Reuters today)

The Virginia attorney general will file suit in federal court in Roanoke, Virginia. Here is what he had to say regarding what I said previously (about Virginia having a law that no one in Virginia shall be required to purchase insurance coverage):

Virginia Attorney General Kenneth Cuccinelli, who plans to file a lawsuit in federal court in Richmond, Virginia, said Congress lacks authority under its constitutional power to regulate interstate commerce to force people to buy insurance. The bill also conflicts with a state law that says Virginians cannot be required to buy insurance, he added.

"If a person decides not to buy health insurance, that person by definition is not engaging in commerce," Cuccinelli said in recorded comments. "If you are not engaging in commerce, how can the federal government regulate you

Bills or resolutions are currently in the works to be introduced and passed in 36 states to limit or nullify all or portions of the legislation that Obama will be shortly signing into law. Two states (Idaho and Virginia) have ALREADY inacted laws apparently (wow, that was quick!).

This is really fascinating (in a watching a train wreck kind of way). States' rights have been eroding for decades (and the executive branch has been gradually increasing its own powers at the same time). We'll see what happens.

Edited to add:

I just found out that, just as the 1st ammendment has the ACLU and the 2nd ammendment has the NRA, the 10th ammendment has it's own preservation organization! www.tenthammendmentcenter.com

I just read the following article there (which sums up everything I've been hearing and reading from my friends across the country): http://www.tenthamendmentcenter.com/...22/had-enough/ Good article by a constitutional law professor!

[SoonerTexan]

Has anyone found a good site that explains this thing in laymen's terms?

Someone gave me this--maybe it will help?

http://i2.cdn.turner.com/cnn/2010/im...n.analysis.pdf

[JaneDoe]

Has anyone found a good site that explains this thing in laymen's terms? I'm tired of all the media BS and would like to make an educated opinion.

Here's a link that explains how the HCRA affects individuals. http://www.nytimes.com/interactive/2...re-reform.html This may be a different perspective than you are looking for.

[SoonerTexan]

Also, DF brought up that this should cause a higher demand for doctors, but there wasn't anything in the bill about increasing the # of med students