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Will the Supreme Court uphold the Affordable Health Care Act?
It will be upheld by the Supreme Court or it won't. If upheld, the good parts will stay and the not-so-good parts will be improved over time, as is typical with major legislation. If struck down, the Republicans will finally, after decades and decades of blocking health care reform, have to step up and offer an alternative that does more than just line the pockets of the wealthy insurance industry.
They have fought against access to health care except for the well-off since 1947. Now that better access is the law, it will be difficult for them just to go back to status-quo-ante. So, either way, something good is likely to come from President Obama’s health care law.
lestermount - you could well be right. And the longer people have to see the benefits, the more reluctant they'll be to give them up.
IceT - I don't disagree with you. But, President Obama got something in trade. No lifetime restrictions, no preexisting conditions, stay with parents plan until 26, limits to profit. None of these things were popular with the insurance industry. That's unlike Medicare Part D where prices can't be negotiated. How many billions did that bring to the pharmaceutical industry?
Jaymes - that's my analysis, too. But there's just no telling - I was astounded at the Citizens United decision. We'll see.
11 Answers
- jaymes_07Lv 71 decade agoFavorite Answer
Doubtful, the court is fairly heavily States-rights based. Kennedy is the swing vote and he tends to side towards smaller Federal Government and observing states-rights. Expect a 5-4 with Kennedy, Roberts, Alito, Scalia, and Thomas voting down the Health Care bill as unsconstitutional. (Small chance Ginsburg will vote with this bloc as well, but I would be surprised if she did.)
The whole bill will likely be struck down as the individual mandate did not come with a severability clause, meaning that if any part of the bill is unconstitutional the whole bill goes down with the ship. Unless the SC applies some tricky logic, they will be forced to strike down the whole act, as was done by the Florida judge yesterday.
- IceTLv 71 decade ago
Exactly what world do you live in?! It must be the one devoid of facts!
So the Democrats passing a bill that requries all Americans to buy health insurance isn't going to line the pockets of the wealthy insurance industry?! The Democrats have driven 30 million new customers to the wealthy insurance industry!
Hey here is a thougt insted of passing a law to see what is in it how about Congress actually reads a bill before it is voted on?!
http://www.youtube.com/watch?v=KoE1R-xH5To
Are you aware that people are seeing between 29 and 60% increases in their health care insurance because of BFD Obamacare?! Or is that OK because you are not seeing any increases yet?
Obama promised that is you like your doctor you will be able to keep your doctor but it is becoming rapidly apparent that was a lie!
http://washingtonexaminer.com/politics/2010/11/emp...
http://www.kaiserhealthnews.org/Daily-Reports/2010...
BFD Obamacare will also cause a doctor shortage. So are you prepared to wait weeks or months to see a doctor?!
http://online.wsj.com/article/SB100014240527487039...
There are far more bad things that are going to happen than there are good things. Was it really worth it in the long run?!
Why not take the time to pass a smaller bill with just the good parts and none of the bad?!
So where were the worries about bipartisanship when the Republicans were locked out of the writing of the bill?!
- 1 decade ago
The Supreme Court can go either way on this. The problem is too many people on the Supreme Court judge on opinion and not on the law. Based on law this would be turned down in seconds. It is against the Constitution. You can not force people to buy anything. The Obama administration knows this and that is why in court they argue that they are not forcing you to buy anything. They have but forth that it is a tax. On that account it is a discriminatory tax.
It is sad that either side would like it. So much of the law has nothing to do with health insurance. No one is getting any coverage without someone paying a higher price then needed. I can go on and on about the garbage in it. The real telling sign that it is junk is that non of the people who crafted it want to use it for themselves. Do as I say not as I do.
- akelleystr22Lv 41 decade ago
All Americans? Even the 50% of Americans that have such a low income/welfare they don't pay taxes? How much of a cut to Medicare you know the health care program working citizens pay into all their lives,
When health care was affordable, different doctors and even hospitals were assigned to the welfare-rs. Currently in New York State, factory workers who are offered health care on their jobs are opting instead for the easy to get free State program.
We can't afford to carry the 50% anymore, the more they get the more their demands are and the more their numbers grow.
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- lestermountLv 71 decade ago
The Justice department knows it will not stand in the Supreme Court which is why they refuse to fast track the lower courts rulings against the law, and are taking it only to the next level..
- mhp_wizo_93_418Lv 71 decade ago
it is about the constitutionality of it. the federal government overstepped it authority by requiring the people of individual states to purchase a product of suffer the consequences. Next they (feds) could say that everyone has to purchase a Chevy or Chrysler (the government owned car companies).
granted there are some good things in the law. -... ....
- Anonymous1 decade ago
Look what the Supreme Court did to campaign finance reform. Somebody paid them for that, they'll do the same thing to health care.
- Anonymous1 decade ago
I think that it will be constitutional. See Wickard v. Filburn and United States v. Darby Lumber Co.
- Anonymous1 decade ago
I think it will be struck down. It is unconstitutional. Single payer is not. They should have done a single-payer plan where the government taxed and gave the benefits back without charging a direct premium.
- ChuckLv 71 decade ago
Health care premiums have risen as much as 80% in one year. That's hardly "affordable."