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Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'

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deminks Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 08:07 PM
Original message
Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'
http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php

A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.

U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.

"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality."
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 08:11 PM
Original message
Excellent. Kessler's pretty good.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 08:11 PM
Response to Original message
1. dupe
Edited on Tue Feb-22-11 08:11 PM by elleng
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WildEyedLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 08:16 PM
Response to Original message
2. When will this be national headline news?
Oh, wait. It doesn't matter if 100 federal judges uphold HCR, because 2 politically-motivated RW judges overturned it, THAT MEANS IT'S OMG OVERTURNED OMG PRECEDENT BAD LAW OMG.

I fucking hate the media.
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yellowcanine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 08:25 PM
Response to Original message
3. Judge Gladys Kessler is nobody's fool. She was one of the first to smack down the torture logic of
Chaney-Bush.
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PoliticAverse Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-23-11 06:27 AM
Response to Original message
4. By that logic,
the federal government can force people to buy anything from a private company that the federal government can regulate.
So it would be constitutional for example to force everyone to buy anti-terrorism insurance from Blackwater/Xe.

This will eventually be ending up in the Supreme Court, because the extent of the federal government's ability to
force people to buy something from a private company is subject to differing legal opinion (and no, it's not really
the same as auto-insurance).
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Teaser Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-23-11 06:38 AM
Response to Reply #4
5. "no, it's not really the same as auto-insurance"
because you say so.
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PoliticAverse Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-23-11 06:51 AM
Response to Reply #5
6. There are many discussions on this issue here on DU...
that point out the auto and health differences.

It doesn't matter what I think, it will matter what the Supreme Court thinks.

(I think the Supreme Court will find the health care reform law to be constitutional).

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Ikonoklast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-23-11 08:06 AM
Response to Reply #4
7. The federal government would then have to prove that their is personal risk from a terrorist attack,
other than a vanishingly small chance that it may happen.

Fairly impossible.






Health care?


Sorry, it is almost a statistical certainty at some point in your life you will need it.
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area51 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-23-11 08:52 AM
Response to Reply #7
8. You'll never get health care
from a for-profit health insurance company.

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Ikonoklast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-23-11 08:59 AM
Response to Reply #8
9. Disagree. I am self-employed, and pay for my own health insurance.
The health care I have had from my plan has been more than satisfactory.

And yes, I do use it.


I buy health insurance from a non-profit. I won't deal with for-profit health care insurers.
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