Sunday, December 29, 2013

The Case That Could Topple Obamacare

Via Billy
 AffordableCare

Dated

Obamacare may have its problems, including more bugs than you can find in the cornfields of Nebraska, but its legal worries were meant to end after the Supreme Court upheld the individual mandate, the heart of the Affordable Care Act. 

Now, as the technologists charged with making healthcare.gov work report progress, lawyers are re-entering the fray. A little-heard of challenge currently making its way through the court system may represent opponents’ last best hope of, as they are fond of saying, driving a stake through the heart of the law.

It all started in 2011, when Jonathan H. Adler, a conservative law professor at Case Western Reserve University in Ohio, shot an email to his friend Michael Cannon, a health policy expert at the libertarian Cato Institute in Washington, D.C. Adler thought he had spotted an error in Obamacare that could unravel a significant portion of the law.

More @ Newsweek

4 comments:

  1. Whether or not this challenge will "drive a stake through the heart" of Ocare is really not relevant. Obamacare was not designed or intended as a viable healthcare option. It was created for the express purpose of destroying private party healthcare insurance, for gaining control over peoples access to healthcare resources and to drastically decrease the amount of available healthcare resources in America.....in short Obamacare was designed and intended to destroy the healthcare system in America as we know it and as it has existed since about WWII.

    Even if this challenge has merit and CAN be the tool to dismantle OCare it will be too little too late. ANY tool, challenge or legal action will take FAR too long to wend it's way through the laborious legal path that lays ahead. And the termination of that path will always ultimately be the SCOTUS.....the very body that ruled OCare WAS constitutional though as a tax. If just ONE MORE JUSTICE gets appointed by Obama then NO challenge to ANY law or ANY action by his administration will EVER
    stand. Any such impediment to the current administrations agenda will eventually end up in front of the SCOTUS where it is doomed to be dismissed.

    Far too many people fail to realize that this administration is not just going the
    "hope and change" routine to right perceived wrongs and address inequities.
    Those are just excuses. The specific agenda and goal of the people currently
    holding the reins of power is the complete and total dismantling of America as
    a free country so they can remake it into their vison of a communist paradise where
    THEY will ALWAYS be in control.

    ReplyDelete
    Replies
    1. The specific agenda and goal of the people currently
      holding the reins of power is the complete and total dismantling of America as
      a free country so they can remake it into their vison of a communist paradise where
      THEY will ALWAYS be in control.

      Precisely, Sir.

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  2. To think that you can win by fighting on the enemy's ground using the enemy's rules--which the enemy can change at a whim or completely ignore, but which you will be strictly held to--is at best naive and at worst suicidal. There may be ways out of the healthcare mess, ranging from massive individual noncompliance to countereconomics to state level secession, but trying to sue our way out is not one of them.

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    Replies
    1. individual noncompliance

      They have to get the young adults to join to make it viable and I don't see that happening. Four of my relatives 24, 26, 30 and 1 1/2 years old are not. The only way they can collect the penalty is by taking a tax refund due you, but it is easy to juggle dependents to insure you owe them.

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