Friday, November 18, 2011

Health Care and Obama

The US Supreme Court has decided to review the Affordable Care Act and rule this June. This is the case we know of as "Obamacare" and includes a requirement for everyone to buy insurance by 2014. Low income individuals will receive a subsidy to help pay for the insurance. A fine will be levied on those who do not get insurance. This law also provides for a family to keep a child on their policy until the age of 26 and it bans insurance companies from "denying coverage to children because of preexisting conditions". Under the present system 50 million Americans are w/o health insurance but their care is paid for by "hospitals, doctors, and insurance companies, thereby increasing rates for all" (I was of the opinion that Medicaid paid these bills). Those opposed to the law say that it is unconstitutional for the gov't to require Americans to buy a product. The most recent lower court ruling was the DC Court of Appeals which upheld the law. More on this later.
(Source: " To the Supremes: High court take up Obama health law". Editorial in The Record on 11/15/11).
Update: A summary of court cases regarding the above health law follow. First, the Eastern District of Michigan upheld the health care law and the 6th Court of Appeals also upheld it. Two of the three judges on the Court of Appeals were appointed by a republican. Second, a district court in DC and the DC Circuit Court of Appeals also upheld the law. Two of the three judges on the Circuit Court were GOP appointed. Third, the Western District of Virginia and the 4th Circuit Court of Appeals both upheld the law. Both courts were democratic appointments. Fourth, the Eastern District of Virginia did not uphold the law but the 4th Circuit Court of Appeals did uphold it. District court GOP appointed and the 4th Circuit was democratic appointees. Fifth, the Northern District of Florida and the 11th Circuit Court of Appeals both did not uphold the law. The lower court was GOP appointed and the Circuit Court was democratic appointments. This last Circuit Court is the only one I found that did not uphold the law. I would assume that is why the issue is now in the Supreme Courts docket.
(Source: New York Times on line on 11/13/11).

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