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| | [[File:ObamaCareSymbol.jpg|right|150px]] | | [[File:ObamaCareSymbol.jpg|right|150px]] |
| − | '''ObamaCare''', formally known as "'''The Patient Protection and Affordable Care Act'''," will impose massive penalties on young workers, small businesses and others who choose not to buy expensive health insurance, beginning in 2014. ObamaCare is the biggest handout by [[liberals]] to a single interest group -- the health insurance industry -- in [[America]]n history. Even a [[Democrat]] Senator recently admitted: ObamaCare "cost [[Obama]] a lot of credibility as a leader."<ref>http://thehill.com/blogs/healthwatch/politics-elections/222259-sen-webb-says-president-obamas-health-law-cost-him-a-lot-of-credibility-as-a-leader</ref> On June 28, 2012, the [[Supreme Court of the United States]] upheld ObamaCare -- by only one vote, 5-4 -- as being within the taxing power of the federal government. In essence, the Court said to Obama: you did raise taxes, and it's called ObamaCare. | + | '''ObamaCare''', formally known as "'''The Patient Protection and Affordable Care Act'''," will impose massive penalties on young workers, small businesses and others who choose not to buy expensive health insurance, beginning in 2014. ObamaCare is the biggest handout by [[liberals]] to a single interest group — the health insurance industry — in [[America]]n history. Even a [[Democrat]] Senator recently admitted: ObamaCare "cost [[Obama]] a lot of credibility as a leader."<ref>http://thehill.com/blogs/healthwatch/politics-elections/222259-sen-webb-says-president-obamas-health-law-cost-him-a-lot-of-credibility-as-a-leader</ref> On June 28, 2012, the [[Supreme Court of the United States]] upheld the Constitutionality of ObamaCare — by only one vote, 5-4 — as being within the taxing power of the federal government. |
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| | The [[Association of American Physicians and Surgeons]] (AAPS) pointed out that there are no redeeming provisions of Obama's health care plan.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> AAPS observes that Obama's health care plan will significantly increase the overall cost of health care for a majority of United States citizens, plus reduce the quality of care that a [[free market]] system would otherwise provide.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> | | The [[Association of American Physicians and Surgeons]] (AAPS) pointed out that there are no redeeming provisions of Obama's health care plan.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> AAPS observes that Obama's health care plan will significantly increase the overall cost of health care for a majority of United States citizens, plus reduce the quality of care that a [[free market]] system would otherwise provide.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> |
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| | ==Effort to Repeal== | | ==Effort to Repeal== |
| − | The Individual Mandate requiring U.S. citizens to buy healthcare will be going before the U.S. Supreme Court as potentially unconstitutional sometime in Summer 2012. It is possible the entire bill could end up getting repealed.<ref>(2012, April 7). "[http://www.cbsnews.com/video/watch/?id=7404552n Obama vs. Supreme Court: How Serious?]" ''CBS News''.</ref> A ''CBS News''/''New York Times'' poll taken March 21-25, 2012, found that just 26% of Americans want the Supreme Court to keep the entire healthcare law intact.<ref>Condon, S. (2012, March 26). "[http://www.cbsnews.com/8301-503544_162-57404793-503544/poll-1-in-4-want-supreme-court-to-uphold-health-care-law/?tag=featuredPostArea Poll: 1 in 4 Want Supreme Court to Uphold Health Care Law]." ''CBS News''.</ref> | + | The Individual Mandate requiring U.S. citizens to buy healthcare was upheld by the U.S. Supreme Court as Constitutional in 2012. It is possible the entire bill could end up getting repealed.<ref>(2012, April 7). "[http://www.cbsnews.com/video/watch/?id=7404552n Obama vs. Supreme Court: How Serious?]" ''CBS News''.</ref> A ''CBS News''/''New York Times'' poll taken March 21-25, 2012, found that just 26% of Americans want the Supreme Court to keep the entire healthcare law intact.<ref>Condon, S. (2012, March 26). "[http://www.cbsnews.com/8301-503544_162-57404793-503544/poll-1-in-4-want-supreme-court-to-uphold-health-care-law/?tag=featuredPostArea Poll: 1 in 4 Want Supreme Court to Uphold Health Care Law]." ''CBS News''.</ref> |
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| | Obama criticized the Supreme Court for considering the case, saying to overturn the bill would be "unprecedented" and was criticized by Senate Republican Leader Mitch McConnell, who said he should "back off. Let the Court do its work. Let our system work the way it was intended."<ref>Condon, S. (2012, April 5). "[http://www.cbsnews.com/8301-503544_162-57410114-503544/mcconnell-tells-obama-to-back-off-on-supreme-court/ McConnell Tells Obama to 'Back Off' on Supreme Court]." ''CBS News''.</ref> Following this, Obama conceded the Supreme Court does have the power to overturn the bill.<ref>(2012, April 5). "[http://www.cbsnews.com/video/watch/?id=7404408n WH Concedes Court's Power to Kill Health Care Law]." ''CBS Evening News''.</ref> | | Obama criticized the Supreme Court for considering the case, saying to overturn the bill would be "unprecedented" and was criticized by Senate Republican Leader Mitch McConnell, who said he should "back off. Let the Court do its work. Let our system work the way it was intended."<ref>Condon, S. (2012, April 5). "[http://www.cbsnews.com/8301-503544_162-57410114-503544/mcconnell-tells-obama-to-back-off-on-supreme-court/ McConnell Tells Obama to 'Back Off' on Supreme Court]." ''CBS News''.</ref> Following this, Obama conceded the Supreme Court does have the power to overturn the bill.<ref>(2012, April 5). "[http://www.cbsnews.com/video/watch/?id=7404408n WH Concedes Court's Power to Kill Health Care Law]." ''CBS Evening News''.</ref> |
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| | == Basis for Legal Challenges == | | == Basis for Legal Challenges == |
| − | | + | ===Commerce Clause=== |
| − | The basis for legal challenges against ObamaCare is predicated on the unconstitutionality of health care bill. ObamaCare includes an "individual responsibility requirement" compelling persons to buy health insurance or pay a penalty. The legal justification for this requirement by Congress is the [[Commerce Clause]]:
| + | There have been several grounds for challenging the Cosntitutionality of the bill. ObamaCare includes an "individual responsibility requirement" compelling persons to buy health insurance or pay a penalty. The one legal justification for this requirement by Congress is the [[Commerce Clause]]: |
| | {{cquote|The individual responsibility requirement provided for in this section ... is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2). ... [Paragraph (2) states,] The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.}} | | {{cquote|The individual responsibility requirement provided for in this section ... is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2). ... [Paragraph (2) states,] The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.}} |
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| | On November 19, Harry Reid introduced his own version of H.R. 3590 in the Senate. He took the bill that had been unanimously passed by the House, renamed it the "Patient Protection and Affordable Care Act," deleted all its contents after the first sentence, and replaced it with totally different content. What followed was the first pass of the Senate version of ObamaCare.<ref>[http://www.breitbart.com/Big-Government/2012/06/29/Justice-Roberts Justice Roberts Turns Obamacare into Origination Clause Shell Game] Breitbart. Leahy, Michael P.</ref> | | On November 19, Harry Reid introduced his own version of H.R. 3590 in the Senate. He took the bill that had been unanimously passed by the House, renamed it the "Patient Protection and Affordable Care Act," deleted all its contents after the first sentence, and replaced it with totally different content. What followed was the first pass of the Senate version of ObamaCare.<ref>[http://www.breitbart.com/Big-Government/2012/06/29/Justice-Roberts Justice Roberts Turns Obamacare into Origination Clause Shell Game] Breitbart. Leahy, Michael P.</ref> |
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| − | Thus, the only portion of Obamacare to originate in the House was its number, hardly in line with the Origination Clause. In identifying Obamacare as a tax, Chief Justice Roberts may have intentionally raised this issue. | + | Thus, the only portion of Obamacare to originate in the House was its number, hardly in line with the Origination Clause. However, this same practice has been does frequently by Congress for many years, and if the Supreme Court were to overturn the law based on the Origination Clause, a large number of other laws would be open to court challenge as well. |
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| | ==History of Mandatory Coverage== | | ==History of Mandatory Coverage== |
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| | Less than one year after ObamaCare was signed into law, 111 [[unions]], companies, and organizations had received approval for Waiver of the Annual Limits Requirements of the PHS Act Section 2711.<ref>Scott Baker. [http://www.theblaze.com/stories/lots-of-unions-are-on-the-hidden-list-to-receive-obamacare-waivers/ Lots of Unions Are on the ‘Hidden’ List to Receive ObamaCare Waivers], ''[[The Blaze]]'', November 15, 2010.</ref><ref name=waivers>Applications for waivers from annual limit requirements: [http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html Approved Applications for Waiver of the Annual Limits Requirements of the PHS Act Section 2711], (as of December 3, 2010).</ref><ref>When the American people learned that the congressmen who wrote the new healthcare law were exempt from it, questions regarding the alleged benefits of the new legislation were raised. Further proof that ObamaCare may not be all that it was touted to be can be found in the fact that 111 companies, including a number of unions, have been given waivers to be exempted from certain provisions of the law. [http://www.examiner.com/will-county-libertarian-in-chicago/government-health-care-is-not-law-for-everyone?cid=parsely#parsely Government Health Care is not law for everyone], by Steve Balich, Examiner.com, November 15, 2010.</ref><ref>Warner Todd Huston. [http://biggovernment.com/wthuston/2010/11/15/obamacare-waivers-prove-policy-is-a-jobs-killer-unions-benefit-most/ Obamacare Waivers Prove Policy is a Jobs Killer, Unions Benefit Most], biggovernment.com, November 15, 2010.</ref> By December 7, 2010, the list of unions, companies, and insurers who have used the HHS waiver as an escape to avoid the costly, destructive consequences of Obamacare for their members and employees grew from 111 to 222.<ref>[[Michelle Malkin]]. [http://michellemalkin.com/2010/12/07/obamacare-waiver-mania-continues-list-tops-222/ Obamacare Waiver-mania! continues: List tops 222], MichelleMalkin.com, December 7, 2010.</ref><ref name=waivers/> More than 50 unions have already received waivers.<ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/home/daily/site_011711/content/01125114.guest.html Why We Must Repeal Obamacare], RushLimbaugh.com, January 17, 2011.</ref> Moreover, three [[Service Employees International Union]] (SEIU) local chapters, including the [[Chicago]] chapter, whose political action committee spent $27 million supporting Barack Obama in the 2008 presidential election, have received waivers from a provision in the Obamacare law.<ref>Fred Lucas. [http://cnsnews.com/news/article/seiu-locals-including-chicago-chapter-wa Three SEIU Locals--Including Chicago Chapter--Waived From Obamacare Requirement], CNSnews.com, January 24, 2011.</ref> | | Less than one year after ObamaCare was signed into law, 111 [[unions]], companies, and organizations had received approval for Waiver of the Annual Limits Requirements of the PHS Act Section 2711.<ref>Scott Baker. [http://www.theblaze.com/stories/lots-of-unions-are-on-the-hidden-list-to-receive-obamacare-waivers/ Lots of Unions Are on the ‘Hidden’ List to Receive ObamaCare Waivers], ''[[The Blaze]]'', November 15, 2010.</ref><ref name=waivers>Applications for waivers from annual limit requirements: [http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html Approved Applications for Waiver of the Annual Limits Requirements of the PHS Act Section 2711], (as of December 3, 2010).</ref><ref>When the American people learned that the congressmen who wrote the new healthcare law were exempt from it, questions regarding the alleged benefits of the new legislation were raised. Further proof that ObamaCare may not be all that it was touted to be can be found in the fact that 111 companies, including a number of unions, have been given waivers to be exempted from certain provisions of the law. [http://www.examiner.com/will-county-libertarian-in-chicago/government-health-care-is-not-law-for-everyone?cid=parsely#parsely Government Health Care is not law for everyone], by Steve Balich, Examiner.com, November 15, 2010.</ref><ref>Warner Todd Huston. [http://biggovernment.com/wthuston/2010/11/15/obamacare-waivers-prove-policy-is-a-jobs-killer-unions-benefit-most/ Obamacare Waivers Prove Policy is a Jobs Killer, Unions Benefit Most], biggovernment.com, November 15, 2010.</ref> By December 7, 2010, the list of unions, companies, and insurers who have used the HHS waiver as an escape to avoid the costly, destructive consequences of Obamacare for their members and employees grew from 111 to 222.<ref>[[Michelle Malkin]]. [http://michellemalkin.com/2010/12/07/obamacare-waiver-mania-continues-list-tops-222/ Obamacare Waiver-mania! continues: List tops 222], MichelleMalkin.com, December 7, 2010.</ref><ref name=waivers/> More than 50 unions have already received waivers.<ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/home/daily/site_011711/content/01125114.guest.html Why We Must Repeal Obamacare], RushLimbaugh.com, January 17, 2011.</ref> Moreover, three [[Service Employees International Union]] (SEIU) local chapters, including the [[Chicago]] chapter, whose political action committee spent $27 million supporting Barack Obama in the 2008 presidential election, have received waivers from a provision in the Obamacare law.<ref>Fred Lucas. [http://cnsnews.com/news/article/seiu-locals-including-chicago-chapter-wa Three SEIU Locals--Including Chicago Chapter--Waived From Obamacare Requirement], CNSnews.com, January 24, 2011.</ref> |
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| − | ===Treatment of Elders=== | + | ===Treatment of older patients=== |
| | Some critics, including former Vice-Presidential hopeful [[Sarah Palin]], have accused Obama of planning on setting up "Death Panels" to judge the worthiness and "cost effectiveness" of keeping certain people alive, such as senior citizens. In spite of public outcry over death panels, the Obama administration is pressing forward to enact the same measures by bureaucratic regulations, called "end-of-life planning."<ref>Meredith Jessup. [http://www.theblaze.com/stories/return-of-death-panels-obama-to-enact-end-of-life-planning-for-medicare/ Return of ‘Death Panels’? Obama to Enact End-of-Life Planning for Medicare], ''[[The Blaze]]'', December 26, 2010.</ref> Quoting research from the [[British Medical Journal]], the [[Obama administration]] insists death panels are humane: "Advance care planning improves end-of-life care and patient and family satisfaction and reduces stress, anxiety and depression in surviving relatives." | | Some critics, including former Vice-Presidential hopeful [[Sarah Palin]], have accused Obama of planning on setting up "Death Panels" to judge the worthiness and "cost effectiveness" of keeping certain people alive, such as senior citizens. In spite of public outcry over death panels, the Obama administration is pressing forward to enact the same measures by bureaucratic regulations, called "end-of-life planning."<ref>Meredith Jessup. [http://www.theblaze.com/stories/return-of-death-panels-obama-to-enact-end-of-life-planning-for-medicare/ Return of ‘Death Panels’? Obama to Enact End-of-Life Planning for Medicare], ''[[The Blaze]]'', December 26, 2010.</ref> Quoting research from the [[British Medical Journal]], the [[Obama administration]] insists death panels are humane: "Advance care planning improves end-of-life care and patient and family satisfaction and reduces stress, anxiety and depression in surviving relatives." |
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