Category Archives: Healthcare

Origination-Clause Argument Against Zero-Care

Constitution, Healthcare, Law

If—or rather when—a new constitutional challenge to Obamacare fails, this won’t be because Sissel v. United States Department of Health & Human Services lacks merit, but because we are governed by a tripartite tyranny of colluding quislings and their armies of extra-constitutional commissions and agencies, in whose legislation The People have no say.

Indeed, on May 8, 2014, an interesting and rather original oral argument is scheduled to be heard by the D.C. Circuit Court of Appeals, in the case launched against United States Department of Health & Human Services. The Plaintiff is the Pacific Legal Foundation. Here is a Summary of the PLF’s case:

Pacific Legal Foundation has launched a new constitutional cause of action against the federal Affordable Care Act. The ACA imposes a charge on Americans who fail to buy health insurance — a charge that the U.S. Supreme Court recently characterized as a federal tax. PLF’s amended complaint alleges that this purported tax is illegal because it was introduced in the Senate rather than the House, as required by the Constitution’s Origination Clause for new revenue-raising bills (Article I, Section 7).

The Origination Clause argument is part of an amended complaint filed in PLF’s existing lawsuit against the ACA, Sissel v. U.S. Department of Health & Human Services, pending before Judge Beryl A. Howell, in the U.S. District Court for the District of Columbia.

PLF’s Sissel lawsuit was on hold while the U.S. Supreme Court considered the challenge to the ACA from the National Federation of Independent Business (NFIB) and 26 states, in NFIB v. Sebelius. As initially filed, PLF’s Sissel lawsuit targeted the ACA’s individual mandate to buy health insurance as a violation of the Constitution’s Commerce Clause (Article I, Section 8).

MORE.


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ObamaCare-Related Tax Increases

Healthcare, Taxation

For the much-maligned “rich” earning between $200,000 and $250,000, the tax burden of ObamaCare over the next 10 years will be $38,200.66.

“Fox News Taxpayer Calculator breaks down the tax burden over the next 10 years by income level: If you make under $15,000: it’s just over $59.00. If you make between $50,000 and $100,000, it’s $6,069.90.”

“A wealth-transfer program with health insurance attached,” is how Cato Institute Senior Fellow Michael Tanner looks at it.

Like all taxes, Zero Care is plain theft.


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A Law Unto Themselves

Constitution, Founding Fathers, Healthcare, Justice, Law, The Courts

Why stage a judicial intervention when you can sit back and let the executive and the legislature accrue more power, a power that invariably will redound to the Courts as well?

On Monday, the High Court, which should check the other two branches of government—how is that working out?—decided against taking up “the constitutionality of the National Security Agency’s surveillance program that collects bulk telephone data of millions of Americans.” (NJ)

When the Supreme Court has the chance to strike down rights-violating laws and legislation (like the Obamacare individual mandate)—it so often declines.

“Monday’s decision,” concludes the National Journal (too charitably, in my opinion), “reaffirms expectations that the justices would rather allow the issue to percolate within the circuit courts first.”

(At least NJ covers such stuff.)

In the case of Obama’s Affordable Care Act, John G. Roberts Jr., chief of the country’s legal politburo of proctologists, rewrote Obamacare, and then proceeded to provide the fifth vote to uphold the individual mandate undergirding the law, thereby undeniably and obscenely extending Congress’s taxing power.

Face it, the idea of a judiciary that would police the executive as an arm of a self-correcting tripartite government is worse than naive. Rather, it WAS recklessly naive of the American Founding Fathers to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve as a check on one another.


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UPDATED: Haman Hussein’s Healthcare (The Latest)

Ann Coulter, Barack Obama, Healthcare, Judaism & Jews

With each exorbitant healthcare bill I pay these days—and have paid since my policy was restructured to comply with Haman’s healthcare edicts—I am reminded to say the thing we Jews say following the name of a force for evil. Let me put it in context:

The last hellcare update you got here was of Ann Coulter struggling mightily to buy insurance after a policy cancellation. That a well-to-do woman would fight to find and purchase a product as essential as healthcare insurance in the USA, tells you all you need to know about those “markets” the moron, “Yimach Sh’mo,” has ruined.

Yimach Sh’mo means “may his name be erased from memory” (or Damnatio memoriae) and it “is commonly uttered by Jews after the mention of Hitler, Stalin and Haman.

A bit of hyperbole, perhaps?

Haman Hussein is hurting my pocket and may hurt my health. He is hurting the health of many less fortunate than I; should Individuals whose healthcare insurance Haman has canceled fall seriously ill—he’ll be the ruin of them. They’ll have to deplete their savings and sell their homes to heal themselves. No, the mention of Haman and Hussein in tandem does not constitute hyperbole.

In short succession, I’ll bring you the latest developments in Haman’s healthcare.

UPDATE (3/31): The facts not finessed:

The administration claims 6 million have “signed up” for Haman’s health care. There is a big difference between selecting a plan and paying for one. Data from state exchanges, says Betsy McCaughey, indicate that up to a third have not paid. Data from the federal exchanges point to 20 percent.

How many of the 6 million insured by Haman are new, paying policy holders, and how many had insurance before Haman, “Yimach Sh’mo,” dispossessed them of their chosen plans and shoved them on to his?

Only about 27 percent of Haman healthcare policy holders were uninsured before, estimate McKinsey & Company.

Given that as many as 5 to 6 million people lost plans they liked and were forced onto exchanges and plans they dislike—there has been “no net increase in the number of insured,” ventures Ms. McCaughey’s

Of course, the CBOafs (The Congressional Budget Oafs)—whose practice it is to “first confirm government predictions of the great savings that will accrue due to this or the other wastrel, welfare program. Later, when it’s safer, they adjust their statistical sleight of hand”—had echoed Haman. They promised that “the vast majority of the people eligible for subsidies on the exchanges would be previously uninsured individuals.”

Instead, says Avik Roy, “the vast majority are previously insured people, many of whom are getting a better deal on the exchanges because they either qualify for subsidies, or because they’re older individuals who benefit from the law’s steep rate hikes on the young.”

This is nothing new to those of us who understood the simple mathematical facts about a $2 trillion government program.


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It Happened To Ann Coulter. She Lost IT. Guess What?

Ann Coulter, Healthcare

It happened to Ann Coulter. The health insurance she liked was outlawed. Her illegal, “undocumented” healthcare plan was deported. Read what’s coming down the pike for all Americans once the waivers expire and the employers give up on covering their employees. After scouring the healthcare terrain for her options, Coulter concludes the following in this superb column:

“Health insurance has been outlawed, replaced with a welfare program that has been renamed ‘insurance.’”

… That’s not insurance! It’s a huge transfer of wealth from people who work for a living to those who don’t, accomplished by forcing the workers to buy insurance that’s not insurance. Obamacare has made actual health insurance “illegal.”

It’s not “insurance” when what I want to insure against isn’t covered, but paying for other people’s health care needs — defined broadly — is mandatory.

It’s as if you wanted to buy a car, so you paid for a Toyota — but then all you got was a 10-speed bike, with the rest of your purchase price going to buy cars, bikes and helmets for other people.

Or, more precisely, it would be like having the option of car insurance that covers either collisions or liability, but not both. Your car insurance premium would be gargantuan, because most of it would go to buy insurance, gas and air fresheners for other people in the plan.

If you have employer-provided health care, you may not have to make the 400 phone calls I had to, but the result will be the same: You’re not getting what is commonly known as “insurance.” You’re getting a massive bill to pay for other people’s chiropractors, marriage counselors, birth control pills, smoking cessation programs, “preventive care” appointments and pre-existing conditions. …

… When Matt Drudge decided he’d rather pay for his own health care, liberals hysterically denounced him for not buying an Obamacare transfer-the-wealth, fake “insurance” plan. It used to be shameful to be a public charge. Now it’s shameful to pay for yourself.

And it’s shameful to work for yourself. The self-employed are currently the only Americans subjected to Obamacare. (In a way, it’s lucky for the Democrats that there aren’t enough of us to hurt them in this year’s midterm elections!)

But we’re the Ghost of Christmas Yet to Come. You may have an employer-provided plan now, but the waivers can’t go on forever. If you live in America, your health insurance is going to disappear, too.

The government simply cannot force all insurance companies to give subsidized health care to a third of the country, to ignore the pre-existing health conditions of its customers, to pay for every little thing tangentially related to health — like smoking cessation programs, marital counseling and pediatric dental care — and also expect them to cover your cancer treatment.

It doesn’t matter if you’ve been paying for insurance your whole adult life. That policy is now “illegal.” Put your hands in the air, nice and easy, and step away from the policy …

You 99-percenters still unaffected by Obamacare will blithely go to the polls this November and vote on some teeny-tiny issue, completely unaware of the total destruction of health insurance in America. The waivers have worked.

Now we’ll have to wait 40 years for a future Mickey Kaus to come along and expose the disastrous consequences of this horrendous government program, just like the real Mickey Kaus did with welfare. But for now, I say: Screw you, Mickey Kaus.

.


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A Supremely Ugly And Evil Oligarchy

Constitution, Gender, Healthcare, Left-Liberalism, Religion, The Courts

“Decent people are sick and tired of conservatives in their bedrooms and liberals in every other room.” This applies to the tyranny that is the U.S. SCOTUS (Supreme Court). It also covers the Court’s philosophical complexion, unless Justice Anthony Kennedy deigns to injects a tiny smidgen of libertarianism, if you can call it that, into this oligarchy’s debates. Via SCOTUSblog:

This morning, the [SCOTUS] heard a new and different challenge arising out of the Affordable Care Act: can a business be required to provide its female employees with health insurance that includes access to free birth control, even if doing so would violate the strong religious beliefs of the family that owns the business?

Said Ugly and Evil (behold. Or under “Recent Headlines and Pictures”):

“Those employers could choose not to give health insurance [to all their employees] and pay not that high a penalty – not that high a tax,” Sotomayor said. … “And in that case Hobby Lobby [plaintiff] would pay $2,000 per employee, which is less that Hobby Lobby probably pays to provide insurance to its employees,” Kagan said. “So there is a choice here. It’s not even a penalty by – in the language of the statute. It’s a payment or a tax. There’s a choice.”

Yes, push the poor male victims of Obamacare and all right-thinking women onto the Zerocare exchange, just because some females wish to screw themselves sillier on the public dime. These despicable women “have the right to purchase the stuff, but not to rope other Americans (including insurers) into supplying it.”


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