How to Protect Yourself From Obamacare

[Townsend]

Just read that a district judge in Va. has ruled the individual mandate is unconstitutional.

Republican judge placed by W.  The administration was expecting it.

[guido911]

Republican judge placed by W.  The administration was expecting it.

Then why didn't this judge strike the entire statute down? Is it because he is just a little biased and not a full on right winger?

Oh, and I guess I should have expected that Prop 8 would be overturned because the judge hearing the case was G.H.W. Bush appointee.

Edited:  Is this where you got your talking point?

As a Republican appointee of George W. Bush, Judge Hudson's ruling doesn't come as a big surprise, though health care reform critics will no doubt treat it as a major victory.

http://www.dailykos.com/

[Townsend]

Then why didn't this judge strike the entire statute down? Is it because he is just a little biased and not a full on right winger?

Oh, and I guess I should have expected that Prop 8 would be overturned because the judge hearing the case was G.H.W. Bush appointee.

http://www.npr.org/blogs/thetwo-way/2010/12/13/132027025/federal-judge-in-virginia-rules-health-care-law-unconstitutional?ft=1&f=1001&sc=tw&utm_source=twitterfeed&utm_medium=twitter

Perhaps you're right that he's not full on.  I don't know.

[Gaspar]

It's just a trigger. 

The idea was to force the Supreme Court to rule on the isolated question of whether or not it is constitutional under the commerce clause for the federal government to force an individual to purchase a product or be subject to fine.

[Conan71]

Now a Merritt Hawkins survey of 2,379 doctors for the Physicians Foundation completed in August has vindicated our poll. It found that 40% of doctors said they would "retire, seek a nonclinical job in health care, or seek a job or business unrelated to health care" over the next three years as the overhaul is phased in.

Of those who said they planned to retire, 28% are 55 or younger and nearly half (49%) are 60 or younger.

A larger portion (74%) said they plan to make "one or more significant changes in their practices in the next one to three years, a time when many provisions of health reform will be phased in."

That's what you would refer to as a full out crisis if true.  That would make rationed care a reality even if it wasn't the original intention simply because there would be a drastic shortage of health providers.  I suppose we could always start training LPN's and PA's to do surgeries, it's not like it takes any special skill or anything.  Just pop in a "how-to" DVD on a monitor in the surgical suite.  Besides those cardio and neuro surgeons are way, way over-paid.  

[guido911]

That's what you would refer to as a full out crisis if true.  That would make rationed care a reality even if it wasn't the original intention simply because there would be a drastic shortage of health providers.  I suppose we could always start training LPN's and PA's to do surgeries, it's not like it takes any special skill or anything.  Just pop in a "how-to" DVD on a monitor in the surgical suite.  Besides those cardio and neuro surgeons are way, way over-paid.  

There really is only a few physician specialties that will not be too terribly affected by Obamacare. Family practice and internal medicine is really going to get hit.

[Gaspar]

There really is only a few physician specialties that will not be too terribly affected by Obamacare. Family practice and internal medicine is really going to get hit.

Either way (Obamacare or continued insurance company control) the new focus among physicians is the "Boutique Clinic."  Cash only care. Many of the Minor Clinics are transitioning to this. 

[nathanm]

Just read that a district judge in Va. has ruled the individual mandate is unconstitutional.

My understanding from the chatter about this is that two judges in other states ruled the other way. So Gaspar is correct, this will have to be decided by the SC.

[Gaspar]

My understanding from the chatter about this is that two judges in other states ruled the other way. So Gaspar is correct, this will have to be decided by the SC.

I didn't realize any other challenges had been ruled on yet.  I know that Oklahoma's hasn't.

[nathanm]

I didn't realize any other challenges had been ruled on yet.  I know that Oklahoma's hasn't.

I've only seen claims that a couple of others have been. I haven't seen anything for myself yet.

[Gaspar]

I've only seen claims that a couple of others have been. I haven't seen anything for myself yet.

I cannot find any reported.  The media would have been slobbering if there had. 

Keith Olbermann would have been humping the judges leg, and twisting his nipples.  Katie Couric would report on it every night for a week.  People and US magazine would name the judge as one of the sexiest men/women in America, and he/she would become a new personality on The View.

I have not seen any of this yet. 

[TulsaMoon]

Keith Olbermann would have been humping the judges leg, and twisting his nipples.  

Classic! Thanks Gasper for the great laugh this morning.

[Townsend]

I've only seen claims that a couple of others have been. I haven't seen anything for myself yet.

Another in Virginia and one in Michigan.

[nathanm]

For what it's worth, some think the judge's decision made at least one grave legal error: http://volokh.com/2010/12/13/the-significant-error-in-judge-hudsons-opinion/

[Gaspar]

The simplicity of the question is hard to overcome.

Does the federal government have the power to force citizens to purchase a product or a service?

Good post Nate!  I appreciate any Volokh reference.

The assumption in the post is that Judge Harrison's ruling addressed the "Means" portion of the Commerce Clause.  It does not.  It addresses the "Ends."  Otherwise, the Commerce Clause would grant the federal government the power to do just about anything it wants, as long as it was established as a "Means" to . . .insert goal.  

This part of the Commerce Clause has been challenged before, and frequently, as legislators have attempted to expand their powers and the government's ability to grow.

Just a note:
I reed Volokh Con, it's one of my bookmarks. Orin Kerr, a Washington criminal defense lawyer, is way out of his league.  He frequently has his head handed to him on Volokh except where it involved criminal law.  As you can see from the blog, he will be ripped for the next couple of weeks.

Keep reading Volokh though, it's kinda like TNF for lawyers.