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You are here: Forum Home  >  Forums  >  Health Care Reform  >  Thread
   
 
Is health-care reform constitutional?
 
skm
Posted: 04 May 2010 09:49 PM   [ Ignore ]  
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With the House set to vote on health-care legislation, the congressional debate on the issue seems to be nearing its conclusion. But if the bill does become law, the battle over federal control of health care will inevitably shift to the courts. Virginia’s attorney general, Ken Cuccinelli II, has said he will file a legal challenge to the bill, arguing in a column this month that reform legislation “violate[s] the plain text of both the Ninth and Tenth Amendments.” On Friday, South Carolina Attorney General Henry McMaster and Florida Attorney General Bill McCollum announced that they will file a federal lawsuit if health-care reform legislation passes.
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Mikehardly
Posted: 24 June 2010 09:08 PM   [ Ignore ]   [ # 1 ]  
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That’s a great point. Does the government have the power to force you to buy something simply because you are alive? If that is true, what prevents the government from mandating that everyone must also buy a casket, funeral plot or urn for your ashes.

Or maybe that’s next.  This health care bill isn’t over by a long shot.  In fact,  the fight is just beginning and many questions will linger as to whether key portions of the mandate are even Constitutional.  What do you think?  Should the government have the power to force you to buy something you don’t think you need or want?

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Captonles
Posted: 22 August 2010 09:00 PM   [ Ignore ]   [ # 2 ]  
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On September 16th, Senator Max Baucus released his alternative health care reform bill.  Senator Baucus intended his bill to appeal to both those who wanted a public option and those who preferred a market based solution.  Rather than bringing sides together, the Baucus bill has increased the divide.  The Baucus bill pushed away one of the remaining Republican supporters, Senator Olympia Snowe.  A new poll released by Health Care for America Now and the Maine People’s Alliance has recorded how fallout from the Baucus bill has effected Mainers opinions on health care reform.


The Baucus bill is a monster.  The summary alone is over 200 pages.  The Baucus bill introduces “co-ops” in place of a “public option.”  Senator Snowe rejected the current version of the bill based on the taxation of “Cadillac plans,” forcing Americans without health insurance to purchase plans without helping them to do so, and no real cost lowering measures.  Senator Snowe did believe the bill did have some benefit.  “[The bill is a move] in the right direction away from a government-run system contained in bills that have passed other Congressional committees,” said Senator Snowe.

Senator Snowe stated there was no way a bill with a public option would pass.  Abandoning the public option, Snowe believes, would restore momentum to getting some form of health care reform passed.  A new poll conducted by Lake Research Associates for the Maine People’s Alliance shows that a majority of Mainers disagree.  Of 400 likely voters polled 58% supported giving everyone the choice of a public choice option while 35% opposed.  The poll also showed that most Mainers agree with Senator Snowe on one of her reasons for rejecting the Baucus bill.  Only 35% supported the idea of requiring uninsured to purchase private health insurance plans.  Mainers also agree with Snowe that they should not be forced to purchase health insurance without a viable alternative:  55% of those polls supported the idea of requiring uninsured to purchase insurance if a public option were also offered.

“Maine people know the health insurance system in this country is broken, and they know what needs to be done to fix it,” said Maine People’s Alliance Executive Director Jesse Graham.  “Legislation that doesn’t offer a strong, immediate public health insurance option isn’t true reform and won’t acheive the goals of lower costs and keeping insurance companies honest.  Providing a choice of a public health insurance option is the only way that Mainers will accept being mandated to purchase health insurance.”

While Senator Snowe is not prepared to support a public option, she has issued an amendment to the Baucus bill creating a “fallback public option.”  The fallback would offer an insurance plan by a non-profit government entity only if less than 95% of residents have access to a plan that costs 13% of their income or less.  Mainers polled reject the trigger option.  24% said they wanted the public health option only as a back up.

Senator Snowe will continue to do what she believes is best for Maine, that much we know.  Is the work that Senator Snowe has conducted so far going to be enough for Mainers?  The current polls say no.  Will the voices of Mainers who support a public option be strong enough to influence Senator Snowe, as well as Senator Susan Collins?  As the fight for health care reform drags on how will support for a public option hold up?  People may just get so tired of all the politics they may be ready to accept any reform.  The next few months will be telling.

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