Our Voices Arkansas

The Voices of Grassroots Conservatives Across Arkansas

Mar 25, 2012

Obamacare & the Supremes: The Arguments

This week’s historic three days of Supreme Court hearings on the Patient Protection & Affordable Care Act (Obamacare) start with a 90-minute oral argument on Monday on whether the lawsuit itself is “premature.”  The Obama Administration says that, because no one yet has paid a fine for not having health insurance, no damages have been...

by OurVoicesAR

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No ObamacareThis week’s historic three days of Supreme Court hearings on the Patient Protection & Affordable Care Act (Obamacare) start with a 90-minute oral argument on Monday on whether the lawsuit itself is “premature.”  The Obama Administration says that, because no one yet has paid a fine for not having health insurance, no damages have been incurred and thus no basis yet exists for the lawsuit to go forward.

Tuesday’s two-hour argument is the “interstate commerce” discussion: whether the Democrat-controlled Congress overstepped its authority by requiring Americans to purchase health insurance or pay a penalty.

Conservatives say the interstate commerce clause does not apply, as no commerce is crossing state lines.  However, the Democrats argue that all citizens have to pay higher health insurance premiums due to the uninsured, so this constitutes the “commerce” that crosses state boundaries.

The last days oral testimony comes in two parts.  For 90 minutes Wednesday morning, the Court listens to whether the rest of the law can take effect even if the individual health insurance mandate is unconstitutional (“severability”).

That afternoon, the last hour’s argument takes up whether Obamacare is excessive when it calls for a cut-off of federal aid to states that don’t comply with the mandated 2014 Medicaid expansion contained in the Law.  States argue they simply cannot afford to assume the added costs to do this, and that the mandate is unconstitutional.

Wednesday’s arguments may be even more interesting to Arkansans, who will be facing the state’s expected $400 million Medicaid shortfall in the next two fiscal years.

One response to “Obamacare & the Supremes: The Arguments”

  1. Muhtesem says:

    Under the Health Care Act, insurance cneapoims must cover children with pre-existing conditions. I read today that some of these insurance cneapoims have committed a despicable act but putting their profits way ahead of childrens care. They had refused to cover seriously ill children before but they have gone beyond the pale by by cutting off childrens policies completely.I dont think Obama and those who wrote the bill expected that to happen. They negotiated with the insurance executives several times in good faith and caved in to Republicans not to have a public option with the guarantees the insurance cneapoims would cover kids with medical conditions.I understand that United, Cigna, Aetna are refusing to write policies. Dont blame Pres. Obama. He tried to force insurance cneapoims to cover sick children.It is just terrible. If I had insurance with those cneapoims I would cancel it.ALMACIGA: If you already have children covered by Blue Cross they probably wont drop them but you cannot get a new policy if the kids have pre-existing conditions. Blue Cross is Anthem.Parents wont let their seriously ill kids go without insurance because they can get sick at any time and there are waiting periods for care so no parent would take that kind of risk.