Is the New Healthcare Bill Unconstitutional?

Is the New Healthcare Bill Unconstitutional?

Govt. building.jpgThe Obama sponsored
Healthcare Bill was passed, but is it unconstitutional?  The law mandates that most
U.S. residents have access to health insurance,
placing more responsibility on local governments which has caused some states
to challenge the bill.  The recent rulings
threaten to slow down the implementation of the Healthcare Bill that mandates
more than 30 million uninsured or underinsured without health insurance.

A federal judge in Virginia ruled that the keystone provision in the
Obama health care law is unconstitutional and is the first state in the
U.S. to invalidate any part of the complex act by
insuring that the appellate courts will receive contradictory opinions from
lower courts.  This creates further
confusion and further destabilizes political support from Republicans in
Congress and a number of statehouses.

Judge Hudson of Richmond, VA wrote that the law's central requirement that most Americans
obtain health insurance exceeds the regulatory authority granted to Congress
under the Commerce Clause of the Constitution. 
He said in his survey of case law it yielded no reported decisions from
any federal appellate courts extending the Commerce Clause or General Welfare Clause
to encompass regulation of a person's decision not to purchase an insurance
product, not withstanding its affect on interstate commerce or role in a global
scheme.

 

Administration official
supporter said they were confident that Obama's Bill would be upheld, yet
frustrated that the negative rulings were garnering more attention than the
affirming ones.  They noted that the
insurance requirement doesn't take effect until 2014, when the Supreme Court
would have presumably ruled. Just nine months ago prominent law professors were
dismissing the any constitutional claims against the bill.

It appears that
with the new Republican influence in Congress that the Health Care Bill may be
taken apart before it is fully implemented. 
Currently, companies like McDonalds have opted out of the program.
Lobbyists for a number of organizations are also looking for a way to avoid
adhering to the bill.  The bottom line is
that it is too expensive for private companies to carry health insurance for
its employees now that the Bill is approved.

Concerned that they
will have to take on high-risk individuals insurance companies are gouging
their customers with increases of an average of 30-40 % for 2011 coverage
causing companies to pass along more of the burden to their employees and
reduce coverage.  Instead of bringing
costs down for most Americans the new Healthcare Bill has caused costs to rise substantially
at least in the short-term.

Judge Hudson is the
third district judge to reach a determination on the merits in one of the two
dozen lawsuits filed against the health care law. The others are in
Detroit in the Sixth Circuit in Cincinnati and the other case filed in Lynchburg, VA is being tried in the Fourth Circuit in Richmond.  The
lawsuits filed are by Republicans, conservative law firms and special interest
groups.

The question
remains for the people of this country has Obama pushed through a Health Care
Bill that is not to the benefit of the majority of the people and
businesses?  Will it really save
Americans money or will businesses be more leery of hiring workers knowing that
they will have to pay more for health insurance for their employees?

What are your
thoughts?

Comments

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  • I have posted this already here before You guys should stop complaining because, one the health care we have now isnt as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price check search online for "Wise Health Insurance" If you have health insurance and do not care about cost just be happy about it and believe me you are not going to loose anything!

  • Thanks for the comment. The realty is that we in the U.S. still pay more money for prescriptions, almost triple for meds from Canada and Mexico for the same product. We are getting gouged here by drug companies and our government did nothing to help its people to save costs in this new healthcare Bill.

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