If you are interested in keeping up with the numerous lawsuits that challenge the constitutionality of Obamacare, check out Health Care Lawsuits. Another good resource is the “aca litigation blog” that says it is “a place to find news updates, legal analysis, and all official documents related to the states’ constitutional challenges to [...]
|
|||||
|
It’s called crony capitalism when the people in power give government benefits to their hand-picked beneficiaries. We now know that President Obama is hand-picking Obamacare winners at the expense of the little people. It’s more proof that the federal government is in the pocket of powerful special interests who get favored treatment [...] Ilya Somin, Associate Professor of constitutional law at George Mason University School of Law, published his “amicus brief in Virginia v. Sebelius, one of the cases challenging the constitutionality of the Obama health care plan’s individual mandate . . . I hope the brief will help dispel the myth that there is an [...] Wall St. Journal: “McDonald’s Corp. has warned federal regulators that it could drop its health insurance plan for nearly 30,000 hourly restaurant workers unless regulators waive a new requirement of the U.S. health overhaul. The move is one of the clearest indications that new rules may disrupt workers’ health plans as the law [...] Washington Examiner: “President Obama’s most frequently repeated health care reform claim — ‘If you like your present health insurance, you can keep it‘– sounds about as credible these days as the finger-wagging Bill Clinton did when he said, ‘I did not have sexual relations with that woman’.” Boston Globe: “Harvard Pilgrim Health Care has notified customers that it will drop its Medicare Advantage health insurance program at the end of the year, forcing 22,000 senior citizens in Massachusetts, New Hampshire, and Maine to seek alternative supplemental coverage.” Richmond Times Dispatch: “Several months ago President Obama promised that Democrats would be proud to campaign on the new health care overhaul. With campaigns now peaking, the only Democrats who mention the law these days are the ones who voted against it. So supporters have decided to try a new approach: calling voters [...] Just as the opponents of Obamacare predicted, the new healthcare law is causing insurance companies to cancel various types of insurance policies because unlike the government, private insurance companies cannot survive by operating at a loss. Here are stories about recent policy cancellations: “Kids 0, Insurance 0 – The first fruits of ObamaCare” [...] Georgetown law Professor Randy E. Barnett has written a scholarly article called “Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional.” Here’s the abstract: The “Patient Protection and Affordable Care Act” includes what is called an “individual responsibility requirement” or mandate that all persons buy health insurance from a [...] Washington Examiner: “Half a year removed from the unprecedented legislative chicanery and backroom dealing that characterized the bill’s passage, we know much more about the bill than we did then. A few of the revelations:” For more about the national nightmare called Obamacare, see a study conducted by The Heritage Foundation [...] Washington Post: “Some of the country’s most prominent health insurance companies have decided to stop offering new child-only plans, rather than comply with rules in the new health-care law that will require such plans to start accepting children with preexisting medical conditions after Sept. 23.” The Heritage Foundation: “One the most troubling policies in the Patient Protection and Affordable Care Act (PPACA) is a new requirement that businesses report more information on their activities to the Internal Revenue Service. This new requirement will force businesses to divert scarce resources to complying with additional bureaucratic red tape that they [...] The Foundry: “Obamacare is deeply unpopular with the American people . . . . To combat this reality, the Obama administration struck back . . . . Health and Human Services Secretary Kathleen Sebelius sent a letter to America’s Health Insurance Plans warning them that ‘there will be zero tolerance’ for ‘falsely blaming [...] CT Now: “Health insurers are asking for immediate rate hikes of more than 20 percent in Connecticut for some plans, citing rising medical costs and federal health reform laws as reasons.” Arizona Republic: “State and university employees with families can expect to see their monthly health-insurance costs rise as much as 37 percent next year . . . . [Two reasons Obamacare will cause costs to skyrocket next year] One is a requirement that insurance plans provide coverage for dependent children up to age [...] Wall St. Journal: “Kathleen Sebelius’s . . . thuggish message . . . . The Health and Human Services secretary wrote that some insurers have been attributing part of their 2011 premium increases to ObamaCare and warned that ‘there will be zero tolerance for this type of misinformation and unjustified rate increases’. . [...] Wall St. Journal: “The White House fights an effort to ease a burden on small business. . . . The Senate will vote on amendments to the White House small business bill that would rescind an ObamaCare mandate that companies track and submit to the IRS all business-to-business transactions over $600 annually. . [...] New York Times: “Faced with the need to review insurance rates and enforce a panoply of new rights granted to consumers, states are scrambling to make sure they have the necessary legal authority to carry out the responsibilities being placed on them by President Obama’s health care law. Insurance commissioners in about half [...] The Phoenix based Goldwater Institute filed a lawsuit in federal court seeking to find that the Patient Protection and Affordable Care Act, aka Obamacare, is unconstitutional. Here is the text of the Goldwater Institute’s August 12, 2010, press release: The Goldwater Institute filed a lawsuit today to strike down the 2010 federal health [...] Hot Air: “One of the big wins for Obama in the bill was the mandate for insurers to allow parents to carry their kids on policies until their 26th birthday. However, that intervention has created a rather perverse set of incentives that will see fewer children insured: “Some major health insurance [...] Wall St. Journal: “One of America’s leading libertarian legal scholars handicaps whether the Supreme Court will find ObamaCare’s insurance mandate constitutional. . . . So would ‘any constitutional law professor’ be right to scoff at the case against ObamaCare? Not according to this law professor. ‘The challenges to ObamaCare are serious legal challenges [...] Cato Institute: “the health-care law did include a new tax on real estate profits. . . . It’s only a 3.8 percent tax on some real estate sales, no doubt only a minority of sales . . . .” The Cato Institute published “Bad Medicine: A Guide to the Real Costs and Consequences of the New Health Care Law.” Here’s the abstract of the detailed article. “The Patient Protection and Affordable Care Act represents the most significant transformation of the American health care system since Medicare and Medicaid. It will fundamentally change [...] Arizona Republic: “State and university employees with families can expect to see their monthly health-insurance costs rise as much as 37 percent next year, depending on the type of plan they choose. . . . [Two reasons insurance will sky rocket under Obamacare] One is a requirement that insurance plans provide coverage for [...] Professor Edward A. Zelinsky of the Benjamin N. Cardozo School of Law has written an article called “The Health-Related Tax Provisions of PPACA and HCERA: Contingent, Complex, Incremental and Lacking Cost Controls.” The abstract states: “Americans must, into the indefinite future, confront difficult issues pertaining to health care and health care costs. The [...] The Volokh Conspiracy: “Remember when the Commerce Clause challenge to the individual insurance mandate was dismissed by all serious and knowledgeable constitutional law professors and Nancy Pelosi as ‘frivolous’? Well, as Jonathan notes below, the administration is now apparently telling the New York Times that the individual insurance ‘requirement’ and ‘penalty’ is really [...] Washington Post: “If you want a preview of President Obama’s health-care ‘reform,’ take a look at Massachusetts. . . . In 1990, health spending represented about 16 percent of the state budget, says the Massachusetts Taxpayers Foundation. By 2000, health’s share was 22 percent. In 2010, it’s 35 percent.” CNS News: “New federal regulations issued this week stipulate that the electronic health records–that all Americans are supposed to have by 2014 under the terms of the stimulus law that President Barack Obama signed last year–must record not only the traditional measures of height and weight, but also the Body Mass Index: a [...] University of Florida Professor of Law Steven J. Willis and 2010 UF law graduate Nakku Chung wrote an article called Constitutional Decapitation and Health Care, in which they argue that Obamacare’s tax penalty is unconstitutional. Here is the abstract: Willis and Chung demonstrate how I.R.C. § 5000A – the Health Care [...] CNN Money: “The new regulations, which kick in at the start of 2012, require any taxpayer with business income to issue 1099 forms to all vendors from whom they purchased more than $600 of goods and services that year. That promises to launch a fusillade of new paperwork: An estimated 40 million taxpayers [...] |
|||||
|
Copyright © 2009-2013 C KEYTLaw's Law Blog, LLC - All Rights Reserved Powered by WordPress & Atahualpa |
|||||
Click to Follow Us!