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Posted to: Federal Government Health Health Care Reform Nation - World News

By Adam Liptak

WASHINGTON

The Supreme Court on Monday agreed to hear a challenge to the 2010 health care overhaul law, President Barack Obama's signature legislative achievement, setting the stage for oral arguments by March and a decision in late June as the 2012 presidential campaign enters its crucial final months.

The decision to hear the case prompted confident assertions from each side that it was sure to prevail, and gave rise to calculations about the complicated political impact of possible rulings.

The range of issues the court agreed to address amounted to a menu of possible resolutions: The justices could uphold the law, strike down just its most controversial provision or some or all of the rest of it, or duck a definitive decision entirely as premature.

Whatever the outcome, there is no question that the tensions running through the case - between the 26 states challenging the law and the federal government, and between Obama and the Supreme Court led by Chief Justice John G. Roberts Jr. - are likely to give rise to both a political and constitutional blockbuster.

The court's decision to step in had been expected, but Monday's order answered many questions about just how the case would proceed. Indeed, it offered a road map toward a ruling that will help define the legacy of the Roberts court while focusing renewed political attention on the law that has sharply divided Republicans and Democrats.

The court scheduled 5-1/2 hours of arguments instead of the usual one, a testament to the importance of the case, and the court's ruling a few months later will present opportunities and challenges for the presidential contenders as well as for candidates in the battle for control of Congress.

It is hardly clear, for instance, that a Supreme Court ruling upholding the law would help only Obama, as opponents of the law might redouble their efforts to elect candidates committed to repealing it. And a decision striking down the law might allow Obama to court voters unhappy with the Supreme Court's decisions as he did in cases like Citizens United, which allowed unlimited campaign spending from corporations and unions.

Appeals from three courts had been vying for the justices' attention, presenting an array of issues beyond the central one of whether Congress has the constitutional power to require people to buy health insurance or face a penalty through the so-called individual mandate.

The Supreme Court agreed to hear appeals from just one decision, from the 11th U.S. Circuit Court of Appeals in Atlanta, the only one so far striking down the mandate. The decision from a divided three-judge panel said the mandate overstepped congressional authority and could not be justified by the constitutional power "to regulate commerce" or "to lay and collect taxes."

The appeals court went no further, though, severing the mandate from the rest of the law.

On Monday, the justices agreed to decide not only whether the mandate is constitutional but also, if it is not, how much of the balance of the law, the Patient Protection and Affordable Care Act, must fall along with it.

But even the Obama administration has said that the mandate is "absolutely intertwined" with two other provisions - one forbidding insurers to turn away applicants, and the other barring them from taking account of pre-existing conditions.

In a statement issued soon after the decision, the administration reaffirmed its position that the Constitution permitted Congress to enact the mandate.

"We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree," said Dan Pfeiffer, the White House communications director.

Pam Bondi, Florida's attorney general, said she welcomed the court's prompt action in agreeing to review the 11th Circuit's decision, in which her state was the lead plaintiff.

"Throughout this case," Bondi said, "we have urged swift judicial resolution because of the unprecedented threat that the individual mandate poses to the liberty of Americans simply because they live in this country."

The Supreme Court has not yet decided whether to hear a challenge brought by Virginia Attorney General Ken Cuccinelli.

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I agree a lot with the

I agree a lot with the previous post. However this health care law does none of the things that need to be done. There is no limiting liability, no reduction in drug costs, no incentive for doctors in fact in this country we force doctors out of practice because their insurance premiums are too high because of massive lawsuits with no limit. We can't lower drug costs with no competition and that is the case. It is illegal for you to buy your medicine in canada or mexico or from overseas and the research and certification of any drug in this country requires YEARS and literally millions of pieces of paper submitted to the government all in order that you won't get sued because someone took 3 times the recommended amount.

well send me to jail

I don’t think it is illegal. I just think they try to jam you up if you buy something without a prescription there that requires one here. Until they figure out how to stop me I’ll continue to buy medicine, exactly the same name brand I get here, from Canada using no insurance at 1/5 to 1/7 the price of the insurance copay here. If the government wants to fix the cost of healthcare, once again much of it should involve getting out of the way.

So how do you buy from Canada

I just switched a BP med and a cholesterol med to generics that approximate the name brands ones but are a long way from identical to them. The doc wants to check my levels in 1.5 months to see if they work as well. I'm also thinking about dropping my health insurance altogether because my $5k deductible just shot to $750 per month. If I want what I had prior to my current policy, that costs over $1400 per month. And it insures just me. I used to pay $750 for 80/20 copay with $500 deductible. Now I'm thinking of a $10k deductible. All this started long before Obama got into office. Our health care system is broken. Without some kind of insurance, a heart attack, at well over $100k each for treatment, would mean bankruptcy.

Every other industrialized nation in the world

Every other industrialized nation in the world has national health insurance, and they pay HALF per capita what we pay for healthcare. Why? Because the healthcare lobbyists gave $10 BILLION DOLLARS to members of Congress in the last decade. The French have the best system. They hold down costs by having more doctors per capita than we do, limiting liability, and negotiating drug costs on behalf of the people. We could learn a lot from how other countries do healthcare.

Chris loves half-facts

Chris states, “Every other industrialized nation in the world has national health insurance, and they pay HALF per capita what we pay for healthcare.” That’s only half of the story.

Chris, what’s your income tax rate? I’ll bet it’s WAY below that of some of those other nations. Here’s some income tax and national sales taxes (VAT):
- Belgium: 54% income tax, 21% VAT
- German: 45% income tax, 19% VAT
- Denmark: 44.5% income tax, 25% VAT
- Italy: 43% income tax, 21% VAT
Bottom line, nothing is free. Anything the government wants to "give" you will ultimately come out of your pocket.

So, pack your bags and head overseas. “The grass is always greener…”

How does your answer refute what Chris stated?

Fact. Per capita spending on health care in US is nearly 2 X as high as the next highest spending country (Switzerland); and 2.5 X higher then most of developed Europe and Japan. In exchange for the higher spending we die on average four to five years earlier then these other nations. There are many reasons for this of course and it isn't just spending but the bottom line is your argument about overall taxes has little at all to do with spending on health. In addition, what is not factored in is the enormous cost that our corporations pay for workers health plans which our global competitors don't. So to Chris, unpack your bags and stay awhile. In America you get to complain about your country and still remain a welcome citizen.

Not refuting Chris...

Chris has a track record of only providing half the story. I wasn't so much as refuting what he said rather I wanted to provide the full story.

I worked at NATO for several years and had plenty of opportunities to speak with citizens of those countries with nationalized health care. Every single one of them said a sizeable portion of their taxes pays for it. Therefore it stands to reason that when a citizen of Belgium is paying 54% of their wages in income tax along with a national sales tax of 21%, you can bet your bottom dollar - or Euro - that those taxes are in fact used for nationalized health care.

The point I was making with regards to Chris was that in order to get such care in the U.S., prepare to pay dearly in increased taxes.

Taxes v. premiums

The taxes in those countries reflect other things as well, not just the cost of health care. We might pay more in taxes for a single-payer health plan, but businesses and individuals would be relieved of paying health insurance premiums. The total cost of health care in countries with single-payer is about half of what we currently pay now.

At any rate, the current health reform is not a single-payer plan.

Considering a family of 4

averages about $15K/year in insurance premiums for health care, that amounts to about a third of the median family income of less than $50K.

This hold true whether that family is privately insured or the employer pays a portion.

Add to that FICA, income tax, local and state taxes, etc. and the difference is not that great.

Then it becomes a matter of who has the best results for all of that money.

And by many parameters, our outcomes are not that great. We are better at some things, worse in others and about even in the rest.

But we do have fairly high infant mortality and lower life expectancy than many other industrialized countries.

And, as a nation, we spend a lot more per capita for meager results.

Like clockwork, Chris33 posts the same drivel,

using the same sentence to create an illusion that healthcare in all the other industrialized nations is BETTER than the US AND they spend half per capita. He cites the WHO rankings as evidence even though Philip Musgrove, the editor-in-chief of the WHO report that accompanied the rankings, calls the figures that resulted from this step "so many made-up numbers," and the result a "nonsense ranking."

After he left the WHO, Dr. Musgrove, wrote an article in 2003 for the medical journal Lancet criticizing the rankings as "meaningless."

Here’s the link:
http://online.wsj.com/article/SB125608054324397621.html

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