Appeals Court rules Obamacare unconstitutional

Started by MadImmortalMan, August 12, 2011, 12:31:09 PM

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MadImmortalMan

http://www.reuters.com/article/2011/08/12/us-usa-healthcare-idUSTRE77B4J320110812


Quote

Appeals court rules against Obama healthcare law


WASHINGTON | Fri Aug 12, 2011 1:24pm EDT

WASHINGTON (Reuters) - An appeals court ruled on Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

The legality of the so-called individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. The Obama administration has defended the provision as constitutional.


5-4 anyone?
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Iormlund

I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?

derspiess

Quote from: Iormlund on August 12, 2011, 12:48:29 PM
I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?

Yeah.
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

Barrister

Quote from: Iormlund on August 12, 2011, 12:48:29 PM
I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?

Yes.
Posts here are my own private opinions.  I do not speak for my employer.

DGuller

Quote from: Iormlund on August 12, 2011, 12:48:29 PM
I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?
Da.

viper37

Quote from: Iormlund on August 12, 2011, 12:48:29 PM
I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?
basic insurance theory, actually :)
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Berkut

I thought the point of insurance was to pool risk. I can think of all kinds of insurance that is not mandatory.
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DGuller

Quote from: viper37 on August 12, 2011, 01:26:23 PM
Quote from: Iormlund on August 12, 2011, 12:48:29 PM
I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?
basic insurance theory, actually :)
I wouldn't say it's basic at all.  In basic insurance theory, there would be no such thing as health insurance.  Insurance is to protect against unpredictable chance events that are significant in magnitude and occur rarely.  With basic insurance, you actually do not need compulsion:  if you didn't insurance your house against a fire, too fucking bad when it burns down.

HVC

Quote from: Berkut on August 12, 2011, 01:29:35 PM
I thought the point of insurance was to pool risk. I can think of all kinds of insurance that is not mandatory.
different PR. idiot doesn't ensure business and it burns down at most you'll get people going "haha, retard should have been ensured". People start dying becasue they aren't ensured and outcry will mean government foots the bill.
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Razgovory

Quote from: DGuller on August 12, 2011, 01:31:58 PM
Quote from: viper37 on August 12, 2011, 01:26:23 PM
Quote from: Iormlund on August 12, 2011, 12:48:29 PM
I'm confused. What's the point of health insurance if you can opt out?

Won't that just drive prices up for those insured and create a whole lot of trouble when young people who opted out get diagnosed with something nasty - bankruptcies, ER costs to be assumed by someone, etc?
basic insurance theory, actually :)
I wouldn't say it's basic at all.  In basic insurance theory, there would be no such thing as health insurance.  Insurance is to protect against unpredictable chance events that are significant in magnitude and occur rarely.  With basic insurance, you actually do not need compulsion:  if you didn't insurance your house against a fire, too fucking bad when it burns down.

The State of Missouri begs to differ.  I have to buy car insurance.
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DGuller

It's that way because car insurance is mainly structured as a liability insurance.  If I run into you and cripple you for life, it's not looked upon as a chance event happening to you.  It's loooked upon as tort, and thus it makes me liable to pay your damages.  Given that, it's in society's interest to make sure that I can actually pay you the judgment against me.

Ideologue

Plus, while I'm sympathetic to the idea that licensure to drive and car ownership is often a requisite to participating in the economy, automobile insurance is still arguably optional, especially depending on where you live.

Whereas my understanding was that if you have a job and aren't exempted in some fashion, you've got to pay for health insurance under that plan.  Am I incorrect?
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Barrister

Let me the first to say it:

"Damn those activist judges!". :mad:
Posts here are my own private opinions.  I do not speak for my employer.