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    Later this week, the Supreme Court will hear arguments in King v. Burwell, the results of which could affect the future of Obamacare. This case addresses if consumers who buy health insurance at HealthCare.gov are eligible to receive tax credits …
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  • Do Your Part to Protect Your Heart – February Special February 23, 2015
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  • The Various Dimensions of Mammogram Screening February 20, 2015
    by Adrienne Snavely Every year, over 200,000 women in the U.S. are diagnosed with breast cancer and about 40,000 will die from it. When breast cancer is detected early, it is easier to treat. Forty million mammograms are performed each …
  • Crashing the Free Market Party February 16, 2015
    by G. Keith Smith MD Riding in to rescue the victims of Obamacare and other government healthcare schemes are guess who? The legislators? The regulators? Don’t make me laugh. It is the growing group of healthcare free marketeers. The celebration …
  • Dark Chocolate is Good For You and Your Valentine February 13, 2015
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  • The Fraser Institute: Education Spending in Canada February 12, 2015
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  • Eye-Tracking Test Detects Early Alzheimer’s Disease February 11, 2015
    One in nine Americans over 65 has Alzheimer’s disease. There is no way to revive dead cells, but if detected early enough, the disease progression can be slowed with treatment. Spinal fluid analysis and PET scans can detect the approaching …
  • OMTEC 2014 – Emerging Trends in Orthopaedic Device Packaging February 11, 2015
    Laura Bix, Associate Professor, School of Packaging, Michigan State University discusses current and emerging trends in orthopaedic device packaging at OMTEC 2014.
  • Fee for Service Healthcare Just Makes Sense February 9, 2015
    Contrary to what the HHS has stated, the fee-for-service payment model has nothing to do with abuse or wasteful spending. This model has been the standard method of payment for a wide range of goods and services from the beginning …
  • A Healthy Heart at Any Age February 6, 2015
    Any age is a good age to take care of your heart. Smart choices now can pay off for the rest of your life. There are some simple steps to keep your heart healthy during each decade of life. All …
  • FRASER INSTITUTE 40th Anniversary 2014 February 5, 2015
    The Fraser Institute is an internationally-recognized research and education organization, ranked first among Canadian think tanks and in the top 20 globally. Our mission is to improve the quality of life for Canadians, their families and future generations by studying, …
  • Cut Your Costs by Just Not Paying February 4, 2015
    If patients all got healthy, medical costs would plummet. And if doctors weren’t paid for caring for patients who don’t get healthy, costs would also plummet. This seems to be the reasoning behind the Obama Administration’s ambitious plans for payment …
  • Measles – What You Need to Know February 2, 2015
    by Adrienne Snavely Over the last month, the Centers for Disease Control and Prevention reported 67 cases of measles traced to Disneyland, and the number continues to rise. This was a souvenir people didn’t plan for. For a disease that …
  • Free Markets are Destroyed by Congress, Not Created January 30, 2015
    By Jane M. Orient, M.D. When people clamor for Congress to pass a “free-market health plan,” they are forgetting two things: Congress only does laws, which restrict freedom. We need fewer laws, not more. And the free market is by …
  • Ralph Weber Talks MediCrats with FreedomWorks – Part 3 January 26, 2015
    MediBid is the free market answer to rising healthcare costs. Employer-sponsored plans, as well as self-insured individuals, make up most of MediBid’s customers. On MediBid, a patient makes a procedure request which gets sent out to physicians and facilities around …
  • Medical Debt Still a Problem for Those With Health Insurance January 23, 2015
    by Adrienne Snavely Medical debt can affect anyone of any age in any state in any income bracket. Medical debts account for more than half of debt collections on credit reports. One in three Americans struggle to pay medical bills, …
  • Q&A with Direct Pay Physicians January 22, 2015
    Direct pay physicians answer colleagues’ questions about third-party-free medical practice. From January 9, 2015, New Orleans AAPS workshop.
  • Ralph Weber Talks MediCrats with FreedomWorks – Part 2 January 21, 2015
    The pitfalls of Obamacare are that it makes healthcare affordable to the employee, yet unaffordable to dependents. Some plans cover children, but not spouses. This means less options for families. The independent physicians are being bought out by hospitals and …

Supreme Court Obamacare Arguments: Day Two

Analysis of Tuesday – the Individual Mandate Issue
by Andrew Schlafly JD


Oral argument began at 10am Eastern Time

Update at 12:25 Eastern Time:

it appears that the Individual Mandate will likely lose!

 

 

These quotes show the ignorance of the real problem:

Justice Sotomayor: “Only insurance will guarantee that whatever need for health care that you have will be covered.”

Solicitor General Verrilli: Without insurance one cannot have “access to the health care environment.”

Justice Kagan: “I mean, health insurance exists only for the purpose of financing health care. … We get it so that we can go and access health care.”

Evidently these judges don’t know that in this country you can pay cash for medical care.

Justice Anthony Kennedy asked questions suggesting that he is concerned about the impact of the mandate on individual liberty.

Justices Anthony Kennedy, Antonin Scalia and Samuel Alito, and Chief Justice John Roberts — who would comprise a majority along with Justice Clarence Thomas — asked questions implying that they are very skeptical that the Individual Mandate is constitutional:

   “The federal government is not supposed to be a government that has all powers. It’s supposed to be a government of limited powers.” – Justice Scalia’s comment to the government attorney who is defending the mandate. Justice Scalia also said, “You’re not regulating health care. You’re regulating insurance.” Justice Scalia also echoed a concern raised by Senator Tom Coburn during a Senate confirmation hearing for now-Justice Elena Kagan, asking if govcernment can force people to purchase broccoli.

  Justice Alito observed, “the mandate is forcing these people to provide a huge subsidy to insurance companies.” The Individual Mandate compels healthy young persons to pay for care “that will be received by somebody else,” Justice Samuel Alito stated. Justice Alito also suggested that if the federal government could require people to purchase health insurance, then they could even require people to buy burial insurance.

    The Individual Mandate is telling someone “that it must act. That changes the relationship of the government to the individual in a fundamental way.” – Justice Kennedy’s comment to the government attorney. Justice Kennedy then asked the Obama Administration attorney to satisfy a “very heavy burden of justification” to demonstrate that the Constitution authorizes Congress itself to alter the relationship of government to the individual.

   Chief Justice John Roberts observed, “Once you’re into interstate commerce and can regulate it, pretty much all bets are off.” “Can the government require you to buy a cell phone?” because people may need one to seek emergency aid, Roberts asked.

Day Two Transcripts: http://ohpcenter.org/writings/reference/REFERENCE-florida-v-hhs-scotus-arguments-day2.pdf

Day Two Podcast: http://ohpcenter.org/writings/reference/REFERENCE-florida-v-hhs-scotus-arguments-day2.mp3



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