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Showing posts with label individual mandate. Show all posts
Showing posts with label individual mandate. Show all posts

07 September 2012

Tommy Thompson Hides Past Support For Obamacare 5SEP12 & Tommy Thompson: GOP Governors Should Implement Health Care Exchanges 28JUN11

For some reason Wisconsin gop / tea-bagger politicians have a problem with telling the truth. If tommy thompson r WI candidate has changed his mind on the Affordable Care Act / Obamacare he should say that, but no, he decides to lie and say he didn't support it. Check this out from ThinkProgress...
Former Gov. Tommy Thompson (R-WI)
Former Gov. Tommy Thompson (R-WI)
Former Secretary of Health and Human Services and Wisconsin Gov. Tommy Thompson (R) is again denying his previous support for much of the Affordable Care Act. Nancy-Ann DeParle, President Obama’s healthcare adviser, told the Milwaukee Journal Sentinel Tuesday that Thompson had been a key backer of the law’s implementation prior to his current Senate campaign. He is the Republican nominee against Rep. Tammy Baldwin (D) for the open seat of retiring Sen. Herb Kohl (D). The paper reports Thompson attended a high-profile implementation strategy meeting, two years ago:
“He was, from what we could tell, working toward implementation,” DeParle said. “I’m not going to say that he agreed with every single provision that ended up in the law – I won’t say that. But he was very helpful in implementation and we asked for his help and he said he would help us.
“Then I don’t know, he decided he’s not for it now but he certainly was then. . . . He seems to have swerved to the right,” she said.
Thompson’s campaign immediately disputed the characterization, claiming he has “has always opposed Obamacare.” A year ago, Thompson told ABC News ” I did not support Obamacare. I’ve come out against Obamacare time and time again.”
But last June, in a Huffington Post editorial, Thompson urged Republican governors to adopt the Affordable Care Act’s health insurance exchanges. Last April, he lauded Obamacare’s payment reform provisions, saying they give “great discretion” for exermination with “alternative payment systems.” He even tried to dissuade Republicans from repealing the measure, telling CNBC in November 2010, “When it’s all said and done, you’re not going to be able to repeal health care because President Obama is not going to sign it… And they don’t have enough votes to override a veto, so why push a cart uphill when you know it’s not going to be able to get to the top?”
Thompson is now apparently eager to “push a cart uphill” — his campaign website lists “repealing Obamacare and replacing it with market-based solutions” among his top legislative priorities.
http://thinkprogress.org/health/2012/09/05/800171/tommy-thompson-hides-past-support-for-obamacare/

Tommy Thompson: GOP Governors Should Implement Health Care Exchanges

Former Wisconsin Gov. and Health and Human Services Secretary Tommy Thompson (R) has long been out of step with today’s conservative Republican orthodoxy. He’s supported the individual mandate, argued against repealing the Affordable Care Act and even opposed portions of the Paul Ryan budget. Now, this potential GOP Senate candidate is going a step further, calling on Republican governors to implement the health care exchanges that are part of the Affordable Care Act:
I am writing to suggest that governors of both political parties have tremendous opportunity to use free market principles and set up health insurance exchanges which work and give constituents freedom of choice. There is a lot of discussion about health insurance exchanges as it relates to President Obama’s Affordable Care Act. Some governors have a negative opinion of insurance exchanges and I believe that by doing so they are giving up a tremendous opportunity to use marketplace choice and allow insurance companies to compete in their respective states. It would be a terrible mistake to have governors give up that opportunity to set up exchanges and forfeit that opportunity back to the federal government which would limit states’ rights and their constituents’ ability to pick and choose the best insurance for themselves and their families.
Now to be clear, Thompson isn’t proposing that Republicans adopt the kind of robust insurance exchanges that Massachusetts and California are pursing — exchanges that act as a prudent purchasers and negotiate price and coverage on behalf of their beneficiaries. He’s calling for something far milder. It’s a model that many Republicans have supported in the past, one that’s rooted in Utah’s flea market-like exchange where any insurance company can offer a plan and consumers could potentially be suckered into some fairly inefficient and costly coverage. That’s a far less effective approach — the Massachusetts Connector has connected about 217,000 people to coverage while Utah’s exchange reached 3,583 enrollees — but at least it’s some kind of start towards implement the health care law rather than resisting it.
And Thompson offers one final warning: “If states do not build an exchange, the Affordable Care Act requires that the Federal government step in and run the exchange…If you give control of the exchange to the Federal government, you also give them control of the Federal Medicaid grant program. Do we really need to provide the Federal government day-to-day control into the largest liability items on the state budget?” That’s a question some Republican governors already know the answer to.
http://thinkprogress.org/health/2011/06/28/255762/tommy-thompson-gop-governors-should-implement-health-care-exchanges/

29 June 2012

Limbaugh, GOP have it wrong: Health care law is not the largest tax increase ever 28JUN12

NO big surprise here, rush limbaugh is spewing lies about the tax increase that is part of the Affordable Care Act / Obamacare. And it will be no big surprise when the repiglicans and tea-baggers, holding on to their Bibles to prove their Christianity, spread their lies and deception along with rush's...after all that is how the right wing extremist operate. From PolitiFact....

Limbaugh

"Obamacare is . . . the largest tax increase in the history of the world."

Rush Limbaugh on Thursday, June 28th, 2012 in comments on his radio show

Limbaugh, GOP have it wrong: Health care law is not the largest tax increase ever

A silver lining for conservatives in the Supreme Court’s health care decision Thursday is that the court allowed the law to stand based on the idea that the individual mandate was a tax.

That news has Republicans and conservative radio talk show host Rush Limbaugh bringing out an old -- and incorrect claim -- that the health care law constitutes the largest tax increase ever.
Rep. Connie Mack, a Republican from Florida running for the U.S. Senate, called it "the largest tax on the American people in history" in a press release. Florida GOP congressional candidate state Rep. Gary Aubuchon said on Twitter that the "ruling confirms Obamacare is the largest tax increase in U.S. history.
U.S. Rep. Jeff Landry, R-Pa., put it this way: "This is the largest tax increase on the poor and the middle class in the history of this country"; and Alabama Republican Party chair Bill Armistead said that "The United States Supreme Court has essentially created the largest tax increase in American history."
Then there's Limbaugh, who turned up the rhetoric on radio the way only he can.
Forget the United States,"Obamacare is nothing more than the largest tax increase in the history of the world," he declared.
This claim is wrong.

While the health care law certainly is, on the whole, a tax increase, it’s not the largest in American history -- and as such -- cannot be the largest in the history of the world. (Luckily, there's enough U.S.-based research that we don't have to explore the tax increases of the Roman Empire, adjusted for inflation.)
We addressed this more than a year ago. But here’s a refresher.

Major tax provisions

The federal Joint Committee on Taxation, a nonpartisan committee of Congress with a professional staff of economists, attorneys and accountants, provided members a detailed breakdown of the tax impact of the health care law from 2010-2019.
  
• Starting in 2013, Medicare payroll taxes increase 0.9 percentage points for people with incomes over $200,000 ($250,000 for couples filing jointly). Also, people at this income level would pay a new 3.8 percent tax on investment income. The 10-year cost: $210.2 billion.
  
• Starting in 2018, a new 40 percent excise tax on high-cost health plans, so-called "Cadillac plans" (over $10,200 for individuals, $27,500 for families), kicks in. That's expected to bring the government a total of $32 billion in 2018 and 2019.
  
• Starting in 2011, there's a new fee for pharmaceutical manufacturers and importers. That's expected to raise $27 billion over 10 years.
  
• Starting in 2013, a 2.3 percent excise tax on manufacturers and importers of certain medical devices starts. The 10-year total: $20 billion.
  
• Starting in 2014, a new annual fee on health insurance providers begins. Total estimated 10-year revenue: $60.1 billion.
  
• Starting in 2013, the floor on medical expense deductions on itemized income tax returns will be raised from 7.5 percent to 10 percent of income. That's expected to bring in $15.2 billion over the next 10 years.
  
• Starting in 2011, a 10 percent excise tax on indoor tanning services. That's expected to bring in $2.7 billion over the next 10 years.

There also is money in the law going the other way. The plan includes government money, in the form of tax credits, to subsidize the cost of health insurance for lower-income people who don't get insurance through their employer. For the record, many Republicans and tax experts argue those shouldn't count as tax cuts. And there is a tax cut for some very small businesses that allows them to write off a portion of the cost of providing insurance to their employees.
  
Combined with various other revenue-generating provisions, the Joint Committee on Taxation estimates the health law will bring in more than $437.8 billion by 2019. The government's nonpartisan Congressional Budget Office estimated the additional revenues coming in to the government to be $525 billion between now and 2019.
  
Does that translate to the biggest tax increase in American history?
  
Comparing tax impacts of legislation
  
First, we need to set some goal posts. There are many ways to define or measure the size of a tax increase, and not all tax increases have been measured the same way over time. The health care tax provisions, for instance, take effect between 2011 and 2018, meaning the full effect of the legislation won't be felt until near the end of the decade. On top of that, it doesn't make sense to compare 2019 dollars to 1985 dollars. You have to adjust for inflation, or express the amount as a total of Gross Domestic Product at the time, which is a way to measure the relative impact of a tax provision at the time it was enacted.
  
To make matters even more complicated, there are tax cuts that are direct results of tax increases, and vice-versa. The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), for example, was passed largely to reverse revenue losses from the Economic Recovery Tax Act of 1981 (ERTA).
  
For our comparison, we used a method perfected by Jerry Tempalski, an analyst in the Office of Tax Analysis with the U.S. Department of the Treasury. In 2006, Tempalski tried to determine the relative impact of major tax revenue bills from 1940-2006. He used revenue estimates from Treasury and the Joint Committee on Taxation and calculated the impact as a percentage of GDP.
  
For 1940-1967 calculations, he used a single-year snapshot of the revenue impact of the tax legislation. For more recent tax bills, from 1968-2006, Tempalski used a two-year average of the revenue effects. Tempalski wrote: "The comparison of tax bills for the first period should be examined with some caution, because the revenue estimates are from different sources and are not completely consistent. The comparison for the second period can be viewed with more confidence, because the estimates are relatively consistent."
  
As a percent of GDP, here are the top five tax increases from 1940-2006, according to Tempalski:
  
    1. Revenue Act of 1942: 5.04 percent of GDP;
  
    2. Revenue Act of 1961: 2.2 percent of GDP;
  
    3. Current Tax Payment Act of 1943: 1.13 percent of GDP;
  
    4. Revenue and Expenditure Control Act of 1968: 1.09 percent of GDP;
  
    5. Excess Profits Tax of 1950: .97 percent of GDP;

  
And here are the top five tax increases from the "modern" era of 1968-2006:
  
    1. Revenue and Expenditure Control Act of 1968: 1.09 percent of GDP;
  
    2. Tax Equity and Fiscal Responsibility Act of 1982: .8 percent of GDP;
  
    3(t): Crude Oil Windfall Profit Tax Act of 1980: .5 percent of GDP
  
    3(t): Omnibus Budget Reconciliation Act of 1993; .5 percent of GDP;
  
    5: Omnibus Budget Reconciliation Act of 1990; .49 percent of GDP.

  
The 2010 health care law

  
The list obviously does not include the health care law, which passed in 2010, and a spokeswoman for the Department of Treasury says it hasn't been updated. So we calculated our own percent of GDP figure. We used 2019 as our baseline because that's when all of the tax provisions of the law will be in effect. In 2019, the CBO estimates, the government will see increased revenues of $104 billion. We then divided that number into the projected GDP for 2019, which according to the CBO economic forecast is $21.164 trillion. That would mean the tax increase provisions of the health care law would amount to .49 percent of total GDP.

Depending on your rounding, that would mean the tax increases resulting from the health care law would be about the size of tax increases proposed and passed in 1980 by President Jimmy Carter, in 1990 by President George H.W. Bush and in 1993 by President Bill Clinton.
  
The health care-related tax increases are smaller than the tax increase signed into law by President Ronald Reagan in 1982 and a temporary tax signed into law in 1968 by President Lyndon B. Johnson. And they are significantly smaller than two tax increases passed during World War II and a tax increase passed in 1961.
  
The tax increases in the health care legislation do reverse a trend of federal tax cuts and represent the first significant tax increases since 1993.
But they are not the largest in the history of the United States.
And -- despite what Limbaugh said -- that means they cannot be the largest ever in the history of world. Limbaugh's inflated rhetoric takes a wrong claim and puts it into the realm of the ridiculous. We rate it Pants on Fire.
UPDATE: Some readers noticed that our initial analysis of Limbaugh’s claim failed to include references to the penalty that people who declined to purchase health insurance would be asked to pay. After all, the Supreme Court declared that penalty a tax.

The CBO figure we used for our calculation, a total of $104 billion in revenue generated in 2019, is inclusive of all revenues, including the penalty or tax individuals might pay if they do not purchase health insurance. The figure for that year was estimated to be $14 billion for penalties paid for by employees and individuals. (Page 19 of this report.)

About this statement:
Published: Thursday, June 28th, 2012 at 12:50 p.m.
Subjects: Health Care, Pundits
Sources:
Rush Limbaugh reaction to health care decision, June 28, 2012
Joint Committee on Taxation, tax impact for the federal health care bill, accessed Feb. 7, 2011

PolitiFact, Bush I, Clinton and Reagan all pushed taxes higher than the bump from Obama's health care bill, March 25, 2010

CBO, revenue and tax estimates of federal health care bill 2011-2019, accessed Feb. 8, 2011

Department of Treasury, Revenue impacts of major tax legislation 1940-2006, accessed Feb. 8, 2011
E-mail interview with Department of Treasury spokeswoman Sandra Salstrom, Feb. 8, 2011
Written by: Aaron Sharockman
Researched by: Aaron Sharockman
Edited by: Bill Adair

28 June 2012

Conservatives Freak Out Over Health Care Decision 28JUN12

Here's  the expected reaction from the repiglicans and tea-baggers, no surprises except the tweet from ben shapiro (of that fascist website breitbart.com) comparing the Affordable Care Act / Obamacare SCOTUS decision to the Dred Scott SCOTUS decision ( http://en.wikipedia.org/wiki/Dred_Scott_v._Sandford  ) REALLY ben?????? From Mother Jones....

Reactions from the right's no good, very bad day.

On Thursday morning, the Supreme Court ruled 5 to 4 that the Affordable Care Act, popularly known as Obamacare, is constitutional. Chief Justice John Roberts, whom President Barack Obama voted against confirming to the court when he served in the Senate, was the decisive vote upholding Obama's signature legislative accomplishment. The other conservatives on the court—including Anthony Kennedy, long considered a swing vote—would have struck down the entire law. Here are some of the highlights (and lowlights) of the right's response to the big ruling:
Bobby Jindal, the GOP governor of Louisiana:
#Sen. #Marco #Rubio (R-Fla.) #loves #hashtags:
Sen. John Cornyn (R-Texas), the head of the Republican Senatorial Campaign Committee:
Remember this guy?
What about this guy?
This Breitbart.com guy compares the Obamacare ruling to the Dred Scott decision. No exaggeration!:
Joshua Treviño, VP for communications at the conservative Texas Public Policy Foundation*, initially thought the Obamacare individual mandate had been struck down:
Here's Matt Drudge, of the Drudge Report:
Tea Party Patriots, the nation's biggest tea party group:
Supreme Court Rules Against American People
Tea Party Patriots Will Not Rest until Obamacare is Fully Repealed
Washington, DC – Tea Party Patriots, the nation’s largest tea party organization, today criticized the Supreme Court’s ruling on the President’s healthcare bill.
"The Supreme Court ruled against the American people today," said Jenny Beth Martin, Co-Founder and National Coordinator of Tea Party Patriots. "The American people overwhelming oppose Obamacare. Now more than ever it is time for the American people to band together and take our government back. Americans agree with what Justice Kennedy said in the dissenting opinion that 'the entire Act before us is invalid in its entirety.' We are putting all politicians on notice that we will not rest until this law is overturned it’s in entirety.
"This is a slap in the face to the majority of the American people who want Obamacare fully repealed. The Tea Party Patriots stand with the American people and say: fully repeal Obamacare.
"Mr. Romney, Mr. Boehner: the American people are putting you on notice. You both promised to fully repeal Obamacare. We will hold you to your promises.
"We will vote out any politician who does not commit, in writing, to respect the will of the American people and fully repeal Obamacare."
And from the left:
*An earlier version of this post misidentified Joshua Treviño and the TPPF. The text has been corrected.

The Supreme Court UPHOLDS Health Reform -- What Does It Mean for You? 28JUN12

HERE is a great primer outlining what the Supreme Court decision upholding the Affordable Care Act / Obamacare means for you as an individual, from HuffPost......
In a surprise decision, the U.S. Supreme Court has upheld the constitutionality of the Affordable Care Act passed in 2010. You will hear a lot of commentary from legal and policy experts in the next few weeks about this decision, but this post is about what the Court action means for YOU personally.
The outcry from the right will be deafening, and there will be attempts by the House Republicans between now and November to take out sections of the law, although the Senate Democratic majority is not likely to approve any of those actions. Obviously, if the Republicans win the presidency and the Senate in November, the ACA may not survive to its full 2014 implementation date. Now is the time to acquaint yourself with what the health reform law really means to you -- while you still have it.
1. If you are employed and enjoy health insurance as part of your work benefit package: The Affordable Care Act does not currently have a large impact on large self-insured companies; however, as the law is fully implemented in 2014 and beyond, there is a chance that your employer may determine that employees can get cheaper coverage through a state exchange and over time some employers may drop employer-sponsored coverage. If you work for one of those companies, you may actually have more choice of plans through an exchange and depending on whether or not the employer subsidizes you or you are eligible for a federal subsidy, you may pay less than you do now. Until that time, you will see a few benefits of the ACA -- no lifetime limits on your benefits; restrictions on annual limits; preventive services without co-pays; and adult children allowed to stay on parents' plans until age 26.
2. If you are lucky enough to be on Medicare: The Affordable Care Act has brought seniors a number of significant benefits already. The doughnut hole in prescription drug coverage is being closed every year and will disappear by 2020. In 2011 alone, 3.6 million seniors saved $2.1 billion on their prescription drugs because of health reform. Another benefit for seniors is the preventive services that are available without co-pays and the 4% reduction in premiums for seniors enrolled in managed care Medicare plans (called Medicare Advantage) in 2012.
However, looming on the horizon if there is a Republican sweep in November are big changes to Medicare, including a potential rollback of the ACA benefits and a switch to a voucher system which would give you a fixed amount to buy a plan without any guarantee that the amount would be sufficient to cover what you currently have.
3. If you are self employed and have an individual insurance policy for yourself and your family: Try to keep your policy if you can continue to afford it. Don't let it lag because we do not know the outcome of the November elections, and if the Act is overturned, you will be on the streets again, trying to get coverage as an individual and potentially being turned down for pre-existing conditions.
4. If you are uninsured but are hoping to be able to get it through the Affordable Care Act and a State Exchange: The good news about the fact that the Court upheld the entire law is that you will still have the option to buy insurance through an Exchange in your state and if your state does not offer one, through a federal exchange. And you will get help affording that premium via a federal subsidy that will allow you to earn up to 400% of the federal poverty level before the subsidy phases out. For those who have a pre-existing condition, the law still guarantees that insurers must accept you starting in 2014.
Again, the election in November will determine whether or not the positive features of the ACA will survive.
5. If you are a small employer and were hoping to be able to help your employees get health insurance at a reasonable rate through the state exchanges: There will still be options for you and your employees. The state exchanges will be open to individuals and small business, offering a variety of plan options at a variety of prices, much like the Massachusetts exchange. Up to now, small businesses have found it very expensive to insure their employees, particularly if any of them have been sick.
If Republicans sweep the November elections, it won't matter how the Supreme Court has ruled. The entire Affordable Care Act will be repealed and the Republicans have no plan to replace it with a plan that could make health care more affordable. Don't forget that the Republican plan for health reform has only three or four main provisions -- protect doctors with malpractice reform; allow fly-by-night insurers to sell their "hospital gown" plans (looks good in the front but is bare in the back) across state lines; and make you, the consumer "more accountable" for your health care costs (translation: you pay more). There are many benefits of the Affordable Care Act. Educate yourself and fight to keep them.
http://www.huffingtonpost.com/linda-bergthold/the-supreme-court-upholds_b_1626172.html?utm_hp_ref=daily-brief?utm_source=DailyBrief&utm_campaign=062812&utm_medium=email&utm_content=BlogEntry&utm_term=Daily%20Brief

Supreme Court Upholds Health Care Law 28JUN12

VICTORY!!!!! THERE IS JUSTICE IN THIS WORLD!!!!! I honestly expected this court to demolish the Affordable Care Act in a continuation of their assault on the Republic that started with their presidential election of 2000 and their citizens united decision. I am so very surprised, and so happy! Congratulations AMERICA!!!!! WAY TO GO U.S. SOLICITOR DONALD B VERRILLI JR. AND PRESIDENT OBAMA!!!!!!
Here is the link Supreme Court ruling
http://www.scribd.com/doc/98542507/Supreme-Court-Health-Care-Decision-Text#download
An officer stands outside the Supreme Court as media and the public gather Thursday.
Enlarge David Goldman/AP An officer stands outside the Supreme Court as media and the public gather Thursday.
Live updates about the Supreme Court's decision today that the Affordable Care Act is constitutional:
Update at 10:24 a.m. ET. The Lede:
"The Supreme Court has upheld President Obama's signature health care law," NPR's Carrie Johnson writes. "Chief Justice John Roberts says the individual mandate survives because the penalty it imposes for not having insurance is considered a tax."
Also, NPR reports, "on the issue of the Medicaid expansion, a majority of the court said Congress can expand Medicaid, but can't strip states of all their Medicaid funds if they fail to do the expansion."
Update at 10:21 a.m. ET. "Yes We Did!":
Supporters of President Obama broke out in chants of "Yes We Did!" outside the court building as word came that the law has been upheld.
Update at 10:19 a.m. ET. The "Money Quote":
According to SCOTUSBlog, "the money quote from the section on the mandate is: 'Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it."
Update at 10:14 a.m. ET. "Entire ACA Is Upheld:"
According to SCOTUSBlog, "the bottom line [is that] the entire ACA [Affordable Care Act] is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is narrowly read."
Update at 10:10 a.m. ET. Individual Mandate Is Constitutional:
In a dramatic conclusion to the year's most divisive legal debate, SCOTUSBlog says the U.S. Supreme Court has just ruled that the so-called individual mandate in the 2010 Affordable Care Act is constitutional — a decision that it's believed means the entire law passed by President Obama survives.
Update at 10:07 a.m. ET. Health Care Opinion Being Released:
About 10 minutes earlier than expected, the health care opinion is now being released.
Update at 10:02 a.m. ET. "Stolen Valor" Act Is Unconstitutional:
In the day's first decision, as SCOTUSBlog reports, the court affirms a Ninth Circuit decision that ruled the so-called Stolen Valor act is unconstitutional. The act made it a crime to lie about being the recipient of military medals. The justices voted 6-3 to affirm the lower court.
Update at 10 a.m. ET. Court Is In Session:
The justices have come to the bench, according to reporters at the court.
Update at 9:55 a.m. ET. On The Timing:
It's most likely, court watchers say, that the health care decision will be released around 10:15 a.m. ET. It will come after some less notable cases.
Meanwhile, NPR's Arnie Seipel reports that outside the court building "the sidewalks are packed." He reports "the strangest sight so far has been a pair of belly dancers with a small band who support single-payer."
Update at 9:50 a.m. ET. There Are Four Issues.
As SCOTUSBlog's Lyle Denniston says, there are really four issues confronting the justices:
— Does the court have the authority to decide the constitutionality of the so-called individual mandate?
— If so, is that mandate constitutional?
— If the mandate isn't constitutional, do some or all parts of the act go down with it?
— Is the act's expansion of Medicaid constitutional?
SCOTUSBlog, by the way, is also live blogging.
Our Original Post:
If everything goes as expected, sometime between 10 a.m. ET and 10:30 a.m. ET we should get word about the Supreme Court's most-anticipated decision of the year — on the constitutionality of the Affordable Care Act; the health care overhaul enacted in 2010.
Every U.S. news outlet, including NPR, has exhaustively previewed the decision, so we won't go over that ground yet again, except to point to the post we did Wednesday called "Here's How To Learn What The Supreme Court Says About Health Care." It has background and links you may find useful.
We'll use this post to cover the news as it comes in, so as decision time draws near be sure to hit your "refresh" button to see our latest updates.
NPR's Ari Shapiro, Carrie Johnson and Nina Totenberg will be reporting on the NPR Newcast and Morning Edition once the decision is released, and on All Things Considered later in the day. At 7 p.m. ET, NPR will be broadcasting and streaming special coverage of the decision and what it means. Click here to find an NPR member station.
http://www.npr.org/blogs/thetwo-way/2012/06/28/155901105/live-blog-the-health-care-ruling?sc=nl&cc=brk-20120628-1024

Supreme Court upholds health-care law, individual mandate 28JUN12

VICTORY!!!!! THERE IS JUSTICE IN THIS WORLD!!!!! I honestly expected this court to demolish the Affordable Care Act in a continuation of their assault on the Republic that started with their presidential election of 2000 and their citizens united decision. I am so very surprised, and so happy! Congratulations AMERICA!!!!! WAY TO GO U.S. SOLICITOR DONALD B VERRILLI JR. AND PRESIDENT OBAMA!!!!!! Here is the link to the Supreme Court decision
http://www.scribd.com/doc/98542507/Supreme-Court-Health-Care-Decision-Text#download

 By and N.C. Aizenman

The Supreme Court on Thursday upheld the individual health-insurance mandate that is at the heart of President Obama’s landmark health-care law, saying the mandate is permissible under Congress’s taxing authority.
The potentially game-changing, election-year decision — a major victory for the White House less than five months before the November elections --will help redefine the power of the national government and affect the health-care choices of millions of Americans.
Chief Justice John G. Roberts Jr. sided with the majority in voting to uphold the law, Obama’s signature domestic initiative.
Passage of the legislation by the Democratic-controlled Congress in 2010 capped decades of efforts to implement a national program of health care. The legislation is expected to eventually extend health-care coverage to more than 30 million Americans who currently lack it.
Republicans in Congress and GOP presidential challenger Mitt Romney have vowed to try and repeal the measure after the November elections.
The health-care issue thrust the Supreme Court into the public spotlight unlike anything since its role in the 2000 presidential election. The court’s examination of the law received massive coverage — especially during three days of oral arguments in March — and its outcome remained Washington’s most closely guarded secret.
The court reviewed four questions: whether it was within Congress’s constitutional powers to impose an “individual mandate” to purchase health insurance; whether all or any additional parts of the law must be struck down if the mandate is rejected; whether an expansion of Medicaid was unduly coercive on the states and whether all of those questions can even be reviewed before the mandate takes effect.
The most crucial issue before the court was considered to be the individual mandate, known technically as the “minimum coverage” provision, because striking it down would jeopardize the ability of insurers to comply with other, more popular elements of the health-care law without drastically raising premiums. Under those other provisions, for example, insurers can no longer limit or deny benefits to children because of a preexisting condition, and young adults to up age 26 are eligible for insurance coverage under their parents’ plans.
During oral arguments in March, conservative justices indicated they were skeptical about the individual mandate, the provision in the 2,700-page health-care law that requires nearly all Americans to obtain health insurance by 2014 or pay a financial penalty.
Arguing the case for the Obama administration, Solicitor General Donald B. Verrilli Jr. defended the law as a constitutional exercise of congressional power under the charter’s commerce clause to regulate interstate commerce. He said lawmakers were regulating health insurance to deal with the problem of millions of people who lack coverage and therefore shift costs to the insured when they cannot pay for their medical care.
The court rejected the commerce clause argument, but ruled that Congress nevertheless had the power to impose the mandate because it can be considered a tax.
Paul D. Clement, representing Florida and 25 other states objecting to the health-care law, argued that Congress exceeded its power in passing the law, which he said compels people to buy a product.
Although the most controversial provisions of the law are not scheduled to take effect until 2014, a complex web of new rules has already extended coverage and expanded benefits across the country.
No initiative has exemplified Obama’s progressive domestic agenda or inflamed his conservative opponents like the health-care law, officially called the Patient Protection and Affordable Care Act.
The court’s decision will resonate throughout the election season, not only in the presidential campaign but in House and Senate races across the country.
The law provoked an unlikely debate about the Constitution. Opponents saw it as a trespass on individual and state’s rights by an omnipotent federal government, and supporters viewed it as a long-sought guarantee of health care to Americans regardless of where they live or work.
As a mark of the case’s importance, the justices spent more than six hours over three days hearing oral arguments on the constitutional questions and related issues. It was the most time than the court has spent on any issue in nearly half a century.
As soon as Obama signed the health-care bill in March 2010, opponents raced to challenge it. Early court decisions followed a predictable pattern, with district judges appointed by Democratic presidents upholding the law and Republican appointees striking it down.
But at the appeals court level, that changed. In a decision by the U.S. Court of Appeals for the 11th Circuit in Atlanta, Judge Frank Hull, an appointee of President Bill Clinton, joined with a Republican colleague in saying that the individual insurance mandate in the “unprecedented” legislation exceeded congressional authority. The judges said that if the law were constitutional, it would be impossible to say what action on the part of the government would go too far.
At the U.S. Court of Appeals for the 6th Circuit in Cincinnati and the U.S. Court of Appeals for the D.C. Circuit, two prominent Republican-appointed judges agreed that the law is intrusive but said it is within Congress’s powers.
In Cincinnati, Judge Jeffrey Sutton, a George W. Bush appointee, was the deciding vote to uphold the act. In Washington, Senior Judge Laurence Silberman, named to the bench by President Ronald Reagan, wrote an opinion saying that the question was political, not constitutional.
“It certainly is an encroachment on individual liberty,” Silberman wrote. But then — alluding to other cases in which the Supreme Court has ruled that the commerce clause gives Congress power — he added that “it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain, or that a farmer cannot grow enough wheat to support his own family.”
Even as the legal wrangling grew to a crescendo, some aspects of the law were already being enforced. Those include requirements that many insurance plans allow young adults to stay on their parents’ policies until age 26; cover a range of preventive services, including birth control, without imposing co-payments or other out-of-pocket costs; eliminate lifetime dollar limits on coverage; and begin phasing out annual caps.
The three cases the Supreme Court considered were National Federation of Independent Business v. Sebelius; Florida, et al., v. Department of Health and Human Services; and Department of Health and Human Services v. Florida, et al.
http://www.washingtonpost.com/politics/supreme-court-to-rule-thursday-on-health-care-law/2012/06/28/gJQAarRm8V_print.html

08 February 2011

White House: We Won't Compromise On The Individual Mandate 8FEB11

SO a line has been drawn in the sand....we have to make sure Pres Obama and the Democratic Party remember it is there and they do not cross it!
WASHINGTON -- The Obama administration on Tuesday said it had no plans to abandon the controversial individual mandate in the president's signature health care law despite the challenges the provision faces in courts and its eroding support in Congress.
In his daily briefing, White House Press Secretary Robert Gibbs showed no enthusiasm for talk of swapping the mandate -- which, once phased in, will require individuals to obtain health insurance or face fines -- for separate, less onerous, language.
"I think if we thought there was a better way of doing it, we would have gone that way," Gibbs said.
"The president supports it," the press secretary said of the mandate. "We have gone to court to maintain it. And, as the president has said, we will work with those who want to see improvements in this law regardless of party. But we believe that individual responsibility is a foundation."
Gibbs' comments were a bit of unexpected defiance from a White House under siege over its sales job on health care reform. But they also underscore just how much the president -- once a critic of the individual mandate -- has come to see the provision as a linchpin to the legislation.
He's not necessarily alone. In private, aides on the Hill say there is little chance that a Democratic-run Senate will consider a legislative alternative to the mandate, at least while the White House forcefully defends its constitutionality and import in various courts. Meanwhile, operatives off the Hill -- especially those allied with the Obama White House -- have taken up the task of defending the provision on intellectual grounds.
On Wednesday, the Center for American Progress is slated to release a report from MIT professor Jonathan Gruber -- one of the brains behind the health care law -- that will show that alternatives to the mandate "will not cover as many or save as much money as the Affordable Care Act."
All of which may seem counterintuitive to the current tone of the political debate. Support for replacing or eliminating the mandate has been building outside of conservative circles for months, not just among moderate Democrats but among self-identified progressives as well. Former Democratic National Committee Chairman Howard Dean predicted that the provision would be removed from the bill before 2014, when the penalties are scheduled to take effect.
On Tuesday morning, Politico reported that a "handful of moderate Senate Democrats" were "looking for ways to roll back the highly contentious individual mandate." The piece caused a bit of stir, as it was interpreted as a "sign that red-state senators are prepared to assert their independence ahead of the 2012 elections."
But the senators cited in the piece have all been critical of the mandate well before this week.
An aide to Sen. Claire McCaskill (D-Mo.), one of the four senators named by Politico, said, "The comments that Senator McCaskill is quoted as saying in Politico are things she has... been saying for a while." The aide added, "Suffice to say, this isn't new for her."
And, perhaps more significantly, despite the chatter there currently exists no serious legislative alternative for Republicans and Democrats to push.
"I'm not sure there is any serious legislation at this time," said the McCaskill aide. "It seems to me a lot of to-do, and a bit of nothing."
Added Jake Thompson, a spokesman for Sen. Ben Nelson (Neb.), perhaps the loudest Democratic critic of the provision in the Senate: "For months, Senator Nelson has been pursuing alternatives to the individual mandate ... There is no coordination at this point. What he is hoping for is a good alternative to the individual mandate. That is all somewhat down the road. He doesn't have details of a viable alternative at this point."