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Obama Health Care Law Headed to Supreme Court

By Gene Barrett

The US Supreme Court will decide on November 10 whether or not to consider the case of President Barack Obama’s controversial health care law. The decision, which will be made in closed session by the nine justices, could be made public that day or on the following Monday, November 14. The justices will assess five of the six pending petitions regarding issues such as the constitutionality of the individual mandate and the severability of the law.

Twenty-six states are among those who have sued over the legislation passed by Congress and signed by the president on March 23, 2010. The most important issue involves whether the Congress exceeded its power by requiring that all Americans buy health insurance or pay a penalty. These states want the courts to make a decision before the next presidential cycle. If the court does decide to weigh the case, arguments would follow and the justices would be expected to rule by the end of their term in June 2012.

On the issue of timing, their cause got an unexpected boost from retired Supreme Court Justice John Paul Stevens, who said voters would be better off if they knew the law’s fate before casting their ballots next year.

The 91-year-old Stevens said in an Associated Press interview that the justices would not shy away from deciding the case in the middle of a presidential campaign and would be doing the country a service. “It would be better to have that known about than be speculated as a part of the political argument,’’ Stevens said in his Supreme Court office.

This historic challenge, by over half of the states in the nation, offers the court an ideal vehicle to resolve pressing constitutional questions arising from the President’s unprecedented legislative initiative.

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Comments (77)

  1. hcg recipes says:

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  2. Aber says:

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  3. Bob Henry says:

    Because the Supreme Court is scheduled to rule of Obama’s Health Care law, what plans does AMAC done to inform the Court of our Senior Citizens Health Care Concerns. Such as cutting 591.Billion from Medicare, which most of this cut will be directly affecting Senior benefits. Such as Doctor shortage, cutting Insurance Advantage programs, and cutting Senior care procedures. Not to mention raising benefit premiums.

  4. Rachel Verdon says:

    REMOVE INTERSTATE COMMERCE RESTRICTIONS ON PURCHASING HEALTHCARE.

    Surely the Supreme Court realizes this clause was created for the Federal Government to regulate the competing tariffs and currencies between the States two hundred years ago, not the cost of breakfast at the International House of Pancakes.

    The health insurance costs here in California are literally three times higher than Kentucky, even though we have a much broader base to spread risk. There are some 1,700 health insurance companies in America but California has access to little more than a dozen.

    This quarantining workers and employers from purchasing a more suitable insurance policy is the greatest obstacle to economic recovery. Industry will not hire until Obamacarre is overturned.

    It is far more important to me to be able to afford groceries than be forced to purchase a $10,000 health insurance policy under Obamacare, especially since I can get catastrophic health insurance from by bank at $29/month !!!

    Yes, that’s right, my dirty capitalist pig WELLS FARGO BANK, that purchases blocks of insurance across all state lines.is the biggest insurance provider in America and has beat this damnable government racket. Why not call up bank president John Stumpf for some tips on how to manage health insurance and solve this national economic mess we are in?

    This would do more to jump-start the economy than anything else.

    Oinky Oinky

  5. corporate gifting says:

    Great Article! Excellent read and informative.

  6. DeetsAZ says:

    it would be good for us in the US to look at other countries who, over the years, have fine-tuned their systems but there is the 600-lb gorilla in the room a) tort reform [liability insurance is out of hand and doctors fear of liability, makes health care ridiculous, such waste just to cover every eventuality incase one gets sued b) can we buy any place we like or still just in the State we live in - as politicians want and need that control? Why? c) can the government make us buy it. (The Car analogy is wrong and silly, you don't have to have car insurance if you don't own or drive a car.) d) and the government running it? Oh Dear! That will be "fun". The current system needs repealing and to be re-discussed.
    The Dutch system seems to be quite logical [without being cynical that doesn't seem to go down too well with our legislators], but then the Dutch are progmatist and not idyologists.

    • Rachel Verdon says:

      Dear Deets,
      You asked: “can we buy any place we like or still just in the State we live in – as politicians want and need that control? Why?”

      Each State Legislature fixes health insurance policies and prices ARTIFICIALLY HIGH in collusion with the Insurance Industry and the Labor Unions who negotiate for their rank and file. In return, the politicians receive big campaign contributions from Big Insurance and Big Labor. The consumer is left out of the picture. Hardly a representative government. See how it works?

  7. TJ says:

    I predict future happiness for Americans if they can prevent the government form wasting the labors of the people under the pretense of taking care of them.

  8. Jim Clark says:

    We now are seeing government by the polititians rather than by the people.

  9. Jim W says:

    We are a year away from saving our country and reclaiming the freedom and prosperity that so many of us as seniors worked to build. We have to take the lead, NOW. Some of our kids and grandkids were duped by Obama and his slick, teleprompter speeches. And many seniors were duped into supporting him after he bought AARP’s support. It is time for us to get active, educate our families and those around us and support a true conservative who will reverse this ruinous socialistic slope we are going down with Obama.

  10. 1000yrd.jim says:

    the # 666 in Gods word refers to man

  11. WW2 Marine Veteran says:

    Let us hope the Supreme Court is honest about this and act accordingly.

  12. Steven O says:

    It is naive to assume that judges will not act according to who appointed them. Why do you think there is so much hype in an election year when judges are up for reappointment? Convervatives want their own judges to be appointed and likewise for liberals.

  13. Jose R says:

    Let us hope that the Judges act accordingly and not because of who apponted them into office.

  14. Steven O says:

    People who can pay will still have the freedom and option to choose their own insurance company as well as their own doctors so nothing will change for them except that their insurance rates will probably go down.

    • Rachel Verdon says:

      Steven O.
      You write: “nothing will change for them except that their insurance rates will probably go down.”

      Hardly. There are over 22 million corporations in America, 70%, according to the US Dept. of Treasury, have 4 or less employees. The other 30% are made up of mid-sized corporations, and the Fortune 500, which constitute less than 20% of our total GNP.

      Most of those small businesses are going to quit private health insurance and opt for the less costly Public Option in fear of fines or imprisonment for non-compliance with Obamacare. The private sector is going to wither on the vine within a decade, as so advocated in President Obama’s campaign pledge to Big Labor back in 2008.

      The problem is this:
      1) HHS already has an accrued $700 TRILLION dollar unfunded liability in Social Security and Medicare.

      2) There is no way on earth the Public Option will be cheaper.

      3) Your health care will be regulated by bureaucratic decree instead of law or personal free choice.

      4) Your health records will be totally screwed up in a government database. (SS already averages annually 20 million clerical errors in citizen accounts. Wait till they add 300 million medical records in this mix.)

      5) Averaged into this cost will be some 20 million illegal aliens mandated to receive medical care by law, when all they really need are a workers permit and a green card to be self sufficient.

      6) HHS already consumes ONE HALF of all national tax revenue, double our military spending.

      7) Just wait till Sec. HHS Kathleen Sibelius sends the Twinkie Police to make a surprise raid on your refrigerator so see if your life style constitutes a health risk. Great Britain already has NHS Twinkie Police. No kidding.

      8) When Saint Sibelius takes away Rush Limbaugh’s coffee and donuts, civil war will break out in the Heartland.

      In the long run, the Government is NEVER CHEAPER, Steven. Never give up your freedom for money.

  15. Bill B says:

    We usually spend some time in the winter at an RV park in Fla. Most of the tenants are peop;e frpm Canada to receive their medical care in the US since the Canadian system is so poor. I wonder where they will go if Obummercare stays.

  16. Steven O says:

    Next all the rabid conservatives will by crying that mandatory auto insurance is unconsitutional. Yes the uninsured DO hurt us. We pay higher medical bills because of their unapaid hospital bills and we all pay higher insurance rates because fewer people are in the system. Obamacare is far from socialized medicine. It is a compromise that maximizes the efficiencies of the free market system.

    • Gil says:

      I disagree. This is not the end all for health insurance. It’s only the tip of the iceburg. Once this is in place, it will lead to a national health care system which the gov’t and it’s henchmen, the additional IRS employees will be watching and hunting down all hose people who fail to follow the “rules of the law”. Also, gov’t will be telling you, and not your doctor, as to what operations and treatments you can have and what sequence on the waiting list you will be. Another point, operations will probably be done by a general surgeon and not the specialist that should be doing it, as most of them will be out of the profession due to gov’t constraints and limitations of income. My suggestion to you is, if you think you like this form of health care, go to Canada and get it.

  17. Paul E. Duncan says:

    My Healthcare is in Jesus hands and whatever Doctor I choose. No Government can have any say whatsoever in this sacred institution. Obamacare is unconstitutional and Satanic.

  18. Dr. Dennis E. Waln says:

    The Obama Care issues is an issue of control. We need to have freedom to choose our own doctors. Obama is failed in every way. The us get rid of his strangle hold on health care.

  19. Barbara Mihalke says:

    that is READ,,sorry for the typo

  20. Barbara Mihalke says:

    Everyone please red Democracy Denied by Phil Kerpen..Says it all..Obama should be impeached right now for shredding our constitution!…if something is not done NOW our country will be lost for good….and we will have a world legal system run by the UN….check out how much land has been taken by the federal government…and if you think ACORN has been defunded check it out……

    • Mari says:

      Single payer is not free if you CHOOSE to go to college and make a ceairtn amount of dollar a year. Their government Forces Group A ( the people who produce for society) to pay for Group B(the people who choose not to produce in society). Single player sounds like a great Idea, but You would have to produce or have enough millionaire in the country to pay for it. Even if you tax them at 100%, the system won’t work. I believe in Freedom for the people. Not your idea of what America is .

  21. Bob Taylor says:

    This needs to be repealed because too many people voted for a president who was easy to see through while they remained uninformed or duped. What we have to fear is not the president but those who elected him. Had all seniors taken a stand for what is right, and all voters been knowledgeable Obama would not have been elected and the issue wouldn’t have come up. We also would not have had Sotomayer and Kagan on the bench. It wasn’t hard to determine what Obama would do, yet voters put him in place. The remedy is to vote him and the democrats out.

  22. Tony Michaels says:

    People were ranting and raving that we need “health care” (which we already have) instead of ranting and raving about reform to what already exists. But this whole debacle was never about health care in the first place (if it were, all those said to not have been covered, would be covered today). It was about taken over “one sixth” of the nations economy. Mr. Obama and his ilk are “anti-colonialists.” He simply wants to succeed where his father failed; to bring “bad” America to its knees. This is one issue plauging America, there are more. Mr. Obama needs to be voted out of office in 2012. Then and only then, can we have real discussions (and hopefully solutions) about the problems that plague us all as a nation.

    • Susan Noegel says:

      We have to get Obama out in the next election. He is drag on our economy in more ways than one. I hope he dos not have the chance to get another one of his radical judges before he either get’s impeached or loses the next election. He thinks the Constitution is useless so he does everything to go against it. He does nothing to protect the people he RULES. Only his crooked cronies. His speech last night was exactly word for word from his last State of the Union. Obamacare has has to be overturned. Elana Kagen should recuse herself from this one. She practically wrote the law herself. Also Sotomayer. .When he is gone we might have real reform.

  23. Alice Brode says:

    Repeal the entire bill and start over. We do need health care reform.

  24. Harry Powderly says:

    If the Supreme Court lives up to their past deeds they will not just adjudicate as they are empowered to do, but they will legislate from the bench. They are not supposed to legislate but have done so in the past a got away with it.

  25. Bob SAckett says:

    REPEAL IT

  26. Betty says:

    Do it yesterday! We must get these socialists out of office and remind everyone that we are a Republic when they vote for their Representatives, and the new President.

  27. Bill Smith says:

    Kagan should absolutely recuse herself or be impeached on the health
    care bill. I believe that Obama is anti-
    white,anti-semitic,anti-business, anti-
    military,anti-constitution and basically
    anti-american and is doing anything he can to bring this great country to its knees. As far as Pelosi goes I looked up the word stupid and saw her picture, nuff said. This country is
    still great we just have to vote out of
    office the morons that are trying to
    destroy it. Ax Obamacare completely.

  28. Gary S. Lukich Sr. says:

    Hopefully, the so called “Wise,” of the law will strike down this rediculous law passed by our fearless leader. Sad part is there are a few on the court that Im afraid are in his pocket. When will the people of this nation wake up? The president and the Dumocrats are getting away with murder and no one stands in their way. Let us not forget one of the main villians pushing through this rediculous law at the time, and I quote, “Lets just vote on it and we can read it later!” That was no other than the infamous villian “Pelosi Galore!” With some common sense it will be repealed.

  29. Ann Marie says:

    TOTAL repeal!

  30. Theresa H says:

    I have no trust in the majority of the Judges on the Supreme Court and fear they may approve ObamaCare. (This wouldn’t be the first time Elana Kagan refused to recuse herself.) At this point, we are well on our way to self-destruction as “one nation, under God”–thanks to our US Supreme Court–ever since Roe v.Wade!

  31. Myrna Davis says:

    The main problem, not only in the Obamacare mess, but in everything our government (local and national) does is lack of morals and principles. They call it “public service.” It is not. It is “self service.” Not one of the representatives who passed it, president who signed it, or judges who will rule on it will EVER be on Obamacare. They have Cadillac plans for themselves and their families forever. So why should they care? It they had to be under it AND under Social Security and Medicare, they would fix ALL the problems. Self interest, period.

    I pray that the Supreme Court still has the interest of the people and the law on their mind when they consider Obamacare. We the people are the employers; they are the employees. How can they get better benefits than their employers (we the people)? NO company does that and it is not what the Founders envisioned.

  32. Joanie says:

    Obamacare should be repealed in total. We need some health care reform but we never have needed, nor never will need Obamacare. There are far better ways to go about improving health care. I have cousins in the E.U. who are physicians. Their health care is behind ours for starters. Their stats make them look better because they have fewer “life style disorders” — that’s all about choices to eat properly and schedule exercise and little else. Europeans depend upon our research. If we stop doing research as might be the case with Obamacare, the whole world’s health care will stagnate.

  33. Kathy says:

    Edel, you’d better read your BIBLE.
    666 was Hollywood numbers, not so in the Bible.

  34. Edel says:

    Just a little sidenote: that $666.66/mo for heathcare? 666 represents satan. OH-OH!
    Makes me a little skeptical to say the least.

  35. Mary Bell says:

    The Florida TeaParty convention will be help in Daytona Beach 11/4-6…You won’t believe the people who will be there. All Presidential Candidates, Sen. Rubio, Congressman Alan West, and many others. Google it on Yahoo and look at their website…..Amazing…Can hardly wait….

  36. Mary Bell says:

    Become ACTIVE in the election process. Join a local TeaParty, your local Republican Club, a 9-12 Project organization. There are plenty out there and they need all the help they can get. These people work hare for our causes, and we need to step up to the plate and do our job other than just cast a vote in 2012……..

  37. Louise Wilson says:

    I AGREE WITH ALL THE ABOVE. I’m glad people are aware of all the problems Obama and Polosi caused. And there is more coming. Help!!!!

  38. willowspring says:

    Kagan should recuse herself because she was solicitor general during the time Obama was pushing through the healthcare bill. She has emails that prove her part in it.

  39. Ted says:

    This nation’s problem: Obama has the Supreme Court doing what he wants it to do, not what the Constitution of the U.S.A. has established.

  40. Glenn Showalter says:

    My Group Health Ins. increased $8 in April 2010 then in July went from $277 to $350/mo. for 2011 and from a $2000 deductable to $2750. I no longer have a medical health policy, so from bad to worse.

  41. Chris says:

    Please overlook the duplication of Lincoln’s name above.

  42. Chris says:

    In 1863, President Abraham Lincoln Lincoln examined the founding principles of the United States, and used the ceremony at Gettysburg as an opportunity not only to consecrate the grounds of a cemetery, but also to exhort the nation and the listeners (to his address) to ensure the survival of America’s representative democracy, that the “government of the people, by the people, and for the people, shall not perish from the earth.”

    Those whom we vote into Federal and State offices, should, therefore, put all measures to the table, let the people vote on them, and then the Executive, Judicial, and Legislative branches of the elected, should UNSELFISHLY CARRY OUT THE WISHES OF THE PEOPLE.

    Otherwise, we’re headed for a dictatorship!

  43. Carmel Bailey says:

    Elena Kagan is the one that threw out all the cases on BO’s BC also. She needs to be impeached for sure. There were 6 million waivers on Obama Care. How sick is that? Also there are over 2700 pages in Obama Care and my Bible has 2760 pages. I’ve never read it in its entirety and our lawmakers have never read Obama Care in its entirety.We got a bunch of inepts in the House and the Senate. Vote them all out. This whole thing sucks.

  44. Golf Honcho says:

    Correction: It isn’t Sonia Sotomayor who needs to recuse herself from this SCOTUS case. Rather, it is Elana Kagan who must be excluded from this case. She was BHO’s Solicitor General, whose office helped develop the original ObamaCare bill. As such, she has her fingerprints all over this law and is thereby compromised and biased.

  45. William Bolton says:

    All those ore trains headed to the west coast to ship the richest ore in the world to Japan for smelting. We have no idea of the values. We got less than $2.00 an acre! A registration fee for being allowed to rip us off! Don’t worry, you can drive one of the trucks if you’re lucky enough to get the job! Now that they have Obamacare to worry about, no one will notice! HA, HA, HA!

  46. William Bolton says:

    We have been sold down the river by those we trusted to represent us! Please wake up my beloved country and look at what has been done since WWII. I still remember the day that our government was overthrown, but do you? I had no idea at the time, but I do know it now.

  47. Jerry says:

    I was always taught that in finances, when you see the term “guaranteed”, you should automatically translate that as “guaranteed loss”. I think that really applies to Obominable-Care.
    Consider our fore-fathers never had any of this and they survived and thrived.
    They did their own individual risk analyses and lived with the results and cultivated community around their neighbors and churches to handle the high risk-low probabiliry events of life

  48. William Bolton says:

    If the people knew the truth about what is really going on this Occupy Wall Street would be nothing. While you are distracted by the mushroom treatment, all that could have saved the nation is being systematically given away to the world rich and our own rich by our own rich politicians. Why didn’t we do what I suggested and make a group called Mine America for Americans! No, let’s give that away to Foreign Conglomerates so the people cannot pay their debt we bought for them and they will be third world poor in a few years. Largest silver deposit in the world, given away. Largest gold deposit in the world, given away. Just a few days ago, the largest copper deposit in the world, given away! Why isn’t this being seen! Why are people satisfied with a few jobs when there could have been thousands more jobs and the profits put against the debt! Am I the only one to see it?

  49. Robert Eoff says:

    Obamacare should be ruled unconstitutional in total. One would think at least a few of those in Congress who voted for such a measure would have some reservation there just might be limits as to what laws the federal government may impose on “free” citizens. Those who voted for the measure demonstrated they believe there is no limit to laws Congress may impose on it’s subject-citizens. . They should be summarily replaced.

  50. William Bolton says:

    We could have paid our national debt out of the proceeds of mining the great mineral resources that have been given away the past few years. Why are Foreign Conglomerates mining USA minerals. How many in Washington got stock packages while the people get the shaft. Openly corrupt and make believe talks in congress and senate. They all profit from it and we support jet setters around the world while we can’t afford it.

  51. Sandra Brown says:

    I just pray the court overthrows the law as it is unconstitutional.

  52. Russ says:

    There are many ways a person may die besides a lack of health care. Are we going to guarantee food and shelter, personal police protection around the clock, someone to ride shotgun to protect bike riders, personal lifeguards for swimmers, etc. etc. If we could unwrap this bill we would most likely find some rich getting richer the wrong way.

  53. Rowwdy says:

    *Why should we be required to buy car insurance, shouldn’t that mandate be against the law? The fact is that if people aren’t made to do something they just won’t do it; they’d rather buy that new pair of shoes or a six pack of beer instead of health insurance which they may or may not need, but guess what, the day will come that they or a member of their family will need medical attention and then they will be left with a mountain of bills. Mr. Ryan’s plan offers a retired person $8,000 dollar per year which equals to $666.66 per month to purchase health insurance, I urge each and every one of you to go on line and see exactly what you can get for $666.66 per month, and then compare that to Medicare…

  54. Marvin (former ex-patriot) says:

    The purpose of ObamaCare is to make the citizenry more dependent on the government, NOT to improve care or to make it more affordable. That is sufficient reason to repeal it. If you think the emergency wards are overcrowded now, just wait until doctors only receive compensation for a limited number of patients or are told how much they can make, period. I saw it when I lived in Canada.

  55. Louise Braun says:

    If the Supreme Court does not end this nonsense by repealing the law, it is going to make the voters even angrier – and even more certain to vote this President out of the White House next November. One way or the other, the Health Care Bill is “outta here.” since there is not ONE Republic Presidential candidate who has not pledged to either repeal it or end the individual mandate.

  56. Bill Crowley says:

    I do not trust the frontrunner to repeal what is called Obamacare, based on ROMNEYcare in Mass. by issuing exemptions to all states. Once there is a subsequent election, the orders could be revised / reversed. Similarly, any “flat tax” could be increased as well. What happened to self reliance, rugged individualism. etc?

  57. Marla says:

    Three words: LOSE THE MANDATE.

    Once that happens, the whole house of cards comes tumbling down and this beast will choke to death on its own excesses. Good riddance!

  58. Tom Moran says:

    Lucky its going before them now. If one more liberal joins the court,We will be a communist state.

  59. David M says:

    To the members of the Supreme Court- shoot down this unconstitutional law!

  60. Glenn Kagarise says:

    God help us for those in office have one intent in mind; destroy this country. Prayer is the key to any success. We left it up to our leader and they have FAILED. Our country was built on the Word of God.Let’s return back to that WORD. GOD’S WORD!!

  61. franko35758 says:

    also, and then excuse themselves from this law!!

  62. franko35758 says:

    how in hell can any judge approve of
    legislature that was NOT read by our representatives before voting on it.
    these idiots “rep” swore to uphold the constitution of the U.S.A. they did NOT!!!!

  63. Greg DiStefano says:

    Who is Barack Oboma?

  64. Dr. Mike says:

    Sotamayor should RECUSE herself from this case as she was Obama’s lawyer during the crafting of this farce; if she does not she should be IMPEACHED!

  65. L Williamson says:

    I pray and hope the Judges have the guts to stand up for the U.S. Constitution, show how smart they are to uphold the statutes of the U.S. Constitution and not be bought out, nor let their egos bend to flattery and bribes. Let’s encourage them to sift through the issues and represent the existing laws, not create new laws and twist terms to accommodate unlawful measures. The Supreme Court has lost its way in knowing what it’s job is and hopefully here, they may demonstrate they have recovered their job description.

  66. Bob Jamieson says:

    We need the government to start enforcing (and obeying) the “Rule of Law” and our Constitution, and to stay out of personal lives. If people would stop buying new cars and plasma TV’s etc. they could afford health insurance. Our so-called leaders have allowed too many “entitlements” that we have a new generation who refuse to work and accpet personal responsibilities.

  67. Tom Hamon, Sr. says:

    I firmly support “Total Repeal” of the unconstitutional law, “ObamaCare”.

  68. Louise Morse says:

    If Sotomayor does not recuse herself from the Obamacare case, she should be impeached.

  69. Louise Morse says:

    If Sotomayor does not recuse herself, she should be removed from office – impeacherd!!

  70. Berenice says:

    I have a very bad feeling that they will somehow twist things to make it all legal and so we will be saddled with sub-prime health care anyway. Wish I could feel more positive but the way the courts have been ruling lately it doesn’t leave much hope.

  71. Donald W. Knight, Sr. says:

    Let us hope that the “Supremes” act quickly and that the rule of law is foremost in thier minds.

  72. Darold Boucher says:

    OK Supreme Court….In the words of that great American Orator….”GET ER DONE”

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