Tag Archives: ACA

medical news, political news

Senate fails — one more time — to repeal Obamacare

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When, oh when, are congressional Republicans going to wake up to the fact that the Affordable Care Act is here to stay?

The U.S. Senate tried once again — and failed once again — to repeal the ACA by seeking to tie it to a transportation funding bill. The vote split on party lines, with eight senators not voting.

http://www.politico.com/story/2015/07/obamacare-repeal-vote-fails-in-senate-120638.html?hp=l2_4

Will this failed effort mean the end of future efforts? I am not holding my breath.

As Sen. Barbara Boxer, D-Calif., noted, the Senate now has voted 55 times to end the ACA. Fifty-five votes have failed. Meanwhile, she said, 20 million Americans have health insurance who didn’t have it before.

The U.S. Supreme Court — comprising a Republican-appointed conservative majority — has upheld the ACA in two rulings, the second of which brought a suggestion from GOP senators that we ought to make court justices stand for retention, which of course would require a fundamental change in the way the founding fathers established out system of government.

So much for “strict constructionist” views of the judiciary.

No one on either side of the political aisle believes the ACA is perfect. Yes, it has some flaws. Repeal of the law, though, isn’t the answer, particularly when those who want to repeal it keep failing to produce anything approaching a suitable alternative.

So, senators, let’s end the charade. Understand and accept — finally — that the Affordable Care Act is the law. Make it better if you wish. Failing that, then live with it.

national news, religious news

Constitution reads like … the Bible

The eruption of interpretations of the U.S. Supreme Court’s two blockbuster rulings this week brings to mind a thought about two quite famous pieces of writing.

The U.S. Constitution and the Bible have something in common. You can take from either document what you want to take from them.

The court affirmed the Affordable Care Act and gay marriage. It upheld the federal subsidies critical to the ACA and it declared that gay couples can marry legally anywhere in the United States.

“Strict constructionists” have declared that the court overstepped in both rulings. More liberal thinkers say the court ruled correctly.

It reminds a bit of the debate over Scripture between the fundamentalists and those who view the Bible a bit more, um, interpretatively.

You can read both documents in accordance with your own view of the law or of your own faith.

Furthermore, you can argue that your version of the truth is correct and the other side is wrong. How many times have you had that discussion about the Bible? I’ve had it more than a few times over many years.

I am guessing we’re entering a new phase of constitutional interpretation that will be just as fierce.

legal news

Justices vent their anger, show their fangs

What? Do you mean to say that the U.S. Supreme Court justices are human beings, with actual tempers?

I guess so, if the story attached to this post is any indicator.

http://www.politico.com/story/2015/06/supreme-court-justices-antonin-scalia-samuel-alito-119486.html?ml=po

The two huge rulings this week — affirming the Affordable Care Act and legalizing gay marriage in all 50 states — reportedly has revealed a growing schism between the two wings of the court.

Conservative justices don’t like the liberal tilt the court showed in the two rulings.

And at least one of them, Justice Antonin Scalia, said as much in his dissenting opinions.

Scalia and fellow Justice Samuel Alito appear to be angriest at Justice Anthony Kennedy, who joined the liberal justices on both rulings. Kennedy was picked for the court by a conservative president, Ronald Reagan, as was Scalia; Alito was picked by President George W. Bush.

I happen to believe that Scalia and Alito need to settle down. It seems a stretch for me to believe that a high court headed by yet another Bush selection, Chief Justice John Roberts, is going to become a bastion of liberal constitutional interpretation.

OK, so the liberals won two gigantic victories. Obamacare stands and gay marriage is now legal.

There will be plenty of other fights along the way.

What’s more, the fact that Scalia wrote such scathing dissents shouldn’t surprise anyone. He’s known for using colorful language and is fearless in stating his case.

As for the court’s fifth conservative justice, Clarence Thomas, well … he’s always silent during oral arguments before the court. The day Justice Thomas erupts in a fit of rage might be cause for concern.

legal news

Next up for Supremes? Gay marriage

Given that the U.S. Supreme Court has upheld the Affordable Care Act, with two conservative justices joining the liberals to form a majority coalition, it is fair to speculate about the gay marriage ruling that’s coming up.

My trick knee is throbbing and it’s telling me the court is going to declare that gay couples can legally be married.

What’s more, if conservatives think they’re angry now at Chief Justice John Roberts’s ruling in favor of the ACA, wait to see the reaction if he decides that the 14th Amendment’s equal protection clause applies to gay couples.

http://www.texastribune.org/2015/06/18/cruz-courts-evangelical-voters/

Republicans, such as Sen. Ted Cruz of Texas, say that religious liberty is under attack. Cruz, who’s running for the GOP presidential nomination, told the Faith and Freedom Coalition: “I would encourage everyone here to be lifting up in prayer the court that they not engage in an act of naked and lawless judicial activism, tearing down the marriage laws adopted pursuant to the Constitution.”

There he goes again, using that word “lawless.”

The case under consideration deals with whether a gay couple can be married legally in one state and have it recognized in another. Federal judges have overturned state bans on gay marriage, declaring that such bans violate the 14th Amendment, which guarantees equal protection under the law for all citizens. Gay people are citizens, too.

The court surprised a lot of Americans — including me — by upholding the ACA.

I’m sensing a less-surprising outcome on the gay marriage issue.

The reaction, though, could be ferocious.

legal news

Three cheers for appointed federal judges

supreme court

Take a good look at this picture. It shows the nine men and women who have upheld the Affordable Care Act’s federal subsidy provision.

The U.S. Supreme Court has protected health insurance for an estimated 6.5 million Americans.

But to hear the criticism from the right in this country, you would think these individuals have just destroyed the U.S. Constitution they took an oath to uphold and to interpret fairly and without bias.

Thank goodness for the constitutional provision that allows these individuals to hold lifetime jobs, free of the kind of political pressure that forces elected judges at times to tilt in favor of interests whose job is to put heat on politicians.

The 6-3 ruling crossed ideological lines. Two conservatives — Chief Justice John Roberts and Associated Justice Anthony Kennedy — ruled with the majority. The three dissenters — Justices Clarence Thomas, Antonin Scalia and Samuel Alito — held firm in their belief that the ACA violates the Constitution.

Six justices voted for the ACA; three of them voted against it.

Majority rule wins, yes?

Republican presidential candidates went ballistic. Mike Huckabee called the court majority “judicial tyrants.” Ted Cruz threw the “lawless” adjective out there — again.

The founders got it right when they made the federal judiciary an unelected branch of government. They intended for federal judges to be free of the pressure that can overwhelm elected politicians. Presidents feel it. Legislators feel it. They are elected to represent us all. We might not like all the decisions they make, but we have recourse: we can vote them out when the next election rolls around.

Not so with federal judges. They are appointed to lifetime jobs. Yes, they are appointed by politicians with particular biases and philosophies. The judges then are subjected to sometimes grueling hearings before the Senate, which has the authority to approve or reject their appointments.

Once they take their seat on the bench, though, all bets are off.

Occasionally, these appointees evolve into judges that their benefactors — the presidents who appoint them — might not like.

That’s part of the process the founders established.

And the irony of all the outrage being expressed by those who oppose the Supremes’ support of the ACA is that many of those on the right proclaim themselves to be “strict constructionists” of the Constitution. The way I read the Constitution, it states with crystal clarity that federal judges serve for as long as they want — or are able — to do the job.

 

legal news, medical news

Obamacare upheld … once again

Federal court rulings aren’t supposed to be viewed as bipartisan or partisan, given that federal judges technically aren’t politicians.

They hold these jobs for life and, thus, are able to rule without regard to party affiliation. That’s how it’s supposed to go, if I’m to assume correctly.

However, today’s ruling by the U.S. Supreme Court upholding the federal subsidies that were one of the keys to the Affordable Care Act, must be seen as a bipartisan victory for the ACA, aka Obamacare.

The ruling was a 6-3 affirmation of the act, with Chief Justice John Roberts and Justice Anthony Kennedy joining the court’s liberal wing. Roberts was appointed to the court by President George W. Bush; Kennedy was selected by the late President Reagan, the patron saint of the modern conservative movement.

So, there you have it. The ACA remains intact. The Supreme Court, which the Constitution established as the final ruling on the constitutionality of federal law, has upheld the subsidies.

http://www.msn.com/en-us/news/us/supreme-court-upholds-nationwide-health-care-law-subsidies/ar-AAc77eU

It’s a huge victory for President Obama. As The Associated Press reported: “Nationally, 10.2 million people have signed up for health insurance under the Obama health overhaul. That includes the 8.7 million people who are receiving an average subsidy of $272 a month to help pay their insurance premiums.”

Denying the subsidies would have cost millions of Americans their health insurance obtained under the ACA. Roberts wrote in his majority opinion: “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.”

It is my sincere hope that we can end this foolish effort to overturn, revoke, discard or otherwise gut what’s now becoming — with each court decision — established law.

Tinker with it? Make it better? Sure. There have been few, if any, landmark laws that have been perfect from the moment they receive the president’s signature.

Enough, already, with these court challenges!

 

legal news, medical news, national news, political news

POTUS vs. SCOTUS over ACA

President Barack Obama has chided the Supreme Court over its decision to hear a case involving the Affordable Care Act.

Some critics, of course, suggest the criticism is out of bounds, that the president is trying to “bully” the nine justices who could strike down a key provision in the ACA. Bully those men and women? I don’t think so.

http://news.yahoo.com/obama-congress-fix-health-law-court-rules-against-071508891–politics.html#

Obama says the court was wrong to take up a case in the first place. The case, to be ruled on perhaps in just a matter of days, involves the legality of the federal subsidies used to help pay for Americans’ health care. An estimated 6.4 million Americans’ health insurance policies are at risk if the court strikes down the subsidy.

Now the president has declared the ACA to be a “reality,” it is law and it is part of the American fabric of providing health insurance to those who need it.

Is he right to challenge the court? Of course he is.

Just as critics chide the president for ignoring the separation of powers contained in the Constitution, they ignore the obvious notion that the separation argument goes the other direction. By that I mean that the judiciary, as a co-equal branch of government, isn’t immune from criticism from another branch of government. Indeed, the legislative branch — Congress — hardly is shy about criticizing the executive and the judiciary when either of those branches of government steer in what lawmakers suggest is the “wrong direction.”

Where the president misfired, in my view, in his criticism of the Supreme Court was when he did so during his 2010 State of the Union speech. With several court members sitting in front of him, surrounded by other administration and military officials, not to mention a packed chamber full of lawmakers, the president said the court was wrong in its Citizens United ruling that took the shackles off of campaign contributors. Whatever criticism the court deserved, that was neither the time or the place to deliver it.

So, the fight goes on between Barack Obama the nine men and women who hold the fate of his signature domestic policy achievement in their hands.

 

legal news, medical news, national news

What if Obamacare gets stricken?

You’ve heard it said that one should be careful about they wish for, that they just might get it.

Congressional Republicans have been wishing for an end to the Affordable Care Act. The U.S. Supreme Court might grant them their wish. Then again, the court might uphold the ACA.

But if the court strikes down the subsidies set aside in the law and deprives an estimated 6.5 million Americans their health insurance, who do you suppose is going to feel the heat the most? I’m guessing it’ll be Republicans who will have to come up with a plan of their own to restore the lost health insurance that so many millions of Americans have been able to obtain under Obamacare.

http://thehill.com/homenews/senate/244369-gop-fears-it-will-win-obamacare-court-battle

The Hill reports that a court victory might be the GOP’s worst nightmare.

And get this, according to The Hill: “The politics of the King vs. Burwell case are extremely treacherous and tricky for Republicans because if the subsidies are thrown out by the court, Republicans are in the position of having to create a fix that would be seen as a problem by their most conservative supporters,” said John Ullyot, a GOP strategist and former senior Senate aide.”

So, key Republicans are going to be whipsawed. Their base doesn’t particularly like federally mandated anything, let alone health insurance. They’ll fight with GOP leaders who want to repair the ACA. Meanwhile, those 6.5 million Americans will see their health insurance evaporate. Many of them live in states that will become key battleground states for senators seeking re-election.

The court will hand its ruling down any day now. President Obama has criticized the court for even agreeing to hear this case; he believes the case doesn’t even merit a court decision, that the law is ironclad, given that the court already has upheld it once already prior to the 2012 presidential election.

Whatever the court decides — and I’m far from willing to concede that it’ll strip out the ACA subsidies — at least one side of the aisle is going to go ape.

Heck, if the court rules in favor of Republicans, we might see both sides of the aisle lapse into catatonic states.

 

 

 

 

medical news, national news, political news

Listen to one of your own, GOP, on 'Obamacare'

Brent Budowsky is singing Karl Rove’s praises.

And why not? Budowsky is an economist of some repute and is a former aide to the late, great U.S. Sen. Lloyd Bentsen, D-Texas. He thinks Rove — aka “Bush’s Brain” — is spot on in telling his fellow Republicans to give their futile effort to repeal the Affordable Care Act.

It’s a loser. Any remote chance the GOP has of tossing the ACA aside is going to cost them dearly, especially when — in Budowsky’s eyes — the first person dies because he or she is denied affordable health insurance because Republicans have won their fight to repeal the ACA.

Karl Rove surrenders to ObamaCare

And why should the GOP high command listen to Rove?

Easy. The man’s a brilliant political strategist.

He helped engineer George W. Bush’s winning campaigns for Texas governor (in 1994) and two successful races for the presidency (in 2000 and 2004). The governor’s race should have been in the bag for the incumbent, the late Democrat Ann Richards. Rove came up with a strategy that held Bush to a tightly scripted line of specific issues and reforms he would enact if elected governor. He never veered off the script as he went on to defeat Richards.

The man knows a winning political cause and a losing cause as well as anyone.

As Budowsky writes in The Hill: “Rove’s surrender to ObamaCare, advising Republicans against pretending they would repeal ObamaCare, is politically very wise. Rove’s fear about what happens to Republicans if the court does overturn ObamaCare provisions and the world witnesses horror stories of Americans being hurt because of Republican anti-ObamaCare politics — without any Republican policy to undo the damage — is politically brilliant.

“Imagine daily stories on television about very ill Americans being stripped of healthcare, about children losing their insurance because they would no longer be covered by their parent’s policies, about Americans with preexisting conditions being thrown to the insurance wolves without ObamaCare, and about huge insurance premium increases that would punish many millions of Americans because of the Republican war against ObamaCare.”

Budowsky also predicts that the Supreme Court is going to uphold the ACA when it rules on its constitutionality before the end of the court’s current term.

Pay attention. Karl Rove might not be every American’s favorite operative/pundit/talking head. Howeve, he is wise to counsel his fellow Republicans to give up a fight they’re certain to lose.

 

medical news, national news, political news, Uncategorized

Repeal 'Obamacare'? Are conservatives nuts?

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Congressional conservatives have rocks in their heads. They’ve gone ’round the bend. They need some smelling salts.

They’re angry with House Speaker John Boehner who they believe is stalling their effort to get a bill that repeals the Affordable Care Act to the desk of the president of the United States — who hails the ACA as his signature domestic legislative achievement.

http://www.politico.com/story/2015/04/conservatives-obamacare-repeal-republicans-117364.html?hp=t1_r

Gosh, what do you suppose President Obama is going to do when he receives a bill repealing the ACA?

Sign it into law? Guess again.

Put it on ice? Hardly.

Veto it outright? Yes.

The ACA happens to be working. It’s gaining popularity among millions of rank-and-file Americans — particularly those who now can afford health insurance whereas before they couldn’t.

Their effort is doomed to fail. As Politico reports: “House Republicans have already voted more than 50 times to try to defund, alter or overturn the health care law that conservatives despise. The latest effort, if it happens, would no doubt fail, too — and there are some indications that GOP leaders are ready to move on. But getting a bill to President Barack Obama’s desk and forcing him to veto it would send a powerful symbolic message to the Republican base that House conservatives haven’t given up on scuttling the law.”

That’s the point, I guess: make the base happy.

They want the law repealed, no matter what. The rest of the country? Well, the tide appears to be pulling in the opposite direction.