If you wonder what an important piece of legislation Obamacare is and want to know the kinds of things it corrects, then read this short letter about her late father that she posted on Facebook:
To my wonderful friends and family. When I was growing up, we were deeply affected by the “pre-existing clause” in health insurance. We grew up with a father who suffered quietly with leukemia for 18 years and could not leave his job… his anti-semitism infested job. He could not leave it because he would lose his health insurance since his leukemia was a pre-exisitng condition.
I realize that the republicans could vote this out before 2014 when it goes into effect but for today, June 29, 2012 I am happy to say “Daddy, you were not alone!”
Love Ellen X0X0
From the Financial Times:
In decision written by Chief Justice John Roberts, the majority of justices ruled that the individual mandate that compelled every American to buy insurance was not valid under the commerce clause of the Constitution. But they also ruled that the financial penalty outlined in the law against people who did not buy insurance was allowed. In effect, it means that the high court agreed with critics who said the mandate as written was unconstitutional, but that the implementation of the law will proceed much as it would have if the law had been completely upheld.
The mandate can now be enforced as a tax.
So the Mandate is unconstitutional, but it still may be applied with a different definition. This, of course, means Congress has to create the tax and the forthcoming conflict will be in this area.
Judy Woodruff interviews Sen. McCain on the money the Citizens Union decision has brought into the fray…
Here’s part of the interview:
Is this — is it just inevitable that we’re now in a period where money is going to be playing this dominant role in American politics?
SEN. JOHN MCCAIN: I’m afraid, at least for the time being, that’s going to be the case, because of the most misguided, naive, uninformed, egregious decision of the United States Supreme Court I think in the 21st century.
To somehow view money as not having an effect on election, a corrupting effect on election, flies in the face of reality. I just wish one of them had run for county sheriff. So what we are. . .
JUDY WOODRUFF: You mean one of the justices?
SEN. JOHN MCCAIN: One of the five Supreme Court justices that voted to invalidate what we know of as McCain-Feingold.
Bom-pa-da-bom! So not all Conservative Republicans are married to the five reactionaries on the Supreme Court. Maybe there is a future after all.
Go over to Crooks and Liars and see the whole, revealing interview.
- Video: In Role Reversal, McCain Critical of Obama’s ‘in Your Face’ on Pakistan (jewishpress.com)
- Sen. McCain says Obama never ‘reached out’ to him (theblaze.com)
- Sen. John McCain Trashes Supreme Court’s Citizens United Ruling [READ BRIEF] (ibtimes.com)
- A Democrat and a Republican want the Supreme Court to revisit “Citizens United” (underthelobsterscope.wordpress.com)
- Judy Woodruff Interviews Boehner on PBS NEWSHOUR Tonight (yonkerstribune.typepad.com)
This section of the letter gives the historic background that SCOTUS eliminated:
The case overturned elements of the Bipartisan Campaign Reform Act of 2002 (also known as the “McCain-Feingold Act” or “BCRA”) pertaining to the corporate financing of electioneering communications in the run-up to primary and general elections. The Supreme Court ruled that these restrictions on corporate political spending violated the First Amendment’s free speech protections, thereby allowing corporations to spend unlimited amounts of money on elections.
In effect, the Citizens United decision overturned a century of jurisprudence, dating back to the Tillman Act of 1907, which supported Congressional authority to restrict corporate political spending on federal elections. With respect to the BCRA, the decision directly overrules key provisions of McConnell v. Federal Election Commission, 540 U.S. 93 (2003), which upheld the BCRA provisions that prevented direct expenditures by corporate entities on electioneering communications. Importantly, Citizens United kept intact other critical rulings in McConnell regarding disclosure requirements. However, by its decision the Court gave corporations the same rights under the First Amendment as individuals, and thereby severely limited Congress’s power to regulate corporate political spending and invalidated bipartisan, democratically-enacted restrictions on corporate behavior.
Hopefully this brings a start to an action which will eventually eliminate the Super Pacs and bring our elections back to the majority voters.
Hopefully, this won’t become a political volley between Republicans and Democrats.
A quote from the Mashed Potato Bulletin… and one I can’t help but agree with:
I tell the students in my class at the City College of New York that “five” is the most powerful number in the nation. For as we have seen, five votes on the Supreme Court can pick a president—voters notwithstanding—and five votes could redefine our understanding of Congress’ power under the Commerce Clause of the Constitution—precedents notwithstanding.
What can we do when the Court defies the Constitution they are supposed to preserve by interpretation?
C-Span 3 has them scheduled to be on the air at 1:00 PM… I don’t know if that’s live or a replay, but it will cover the next stage of their discussions.Today is the second day of hearings (tomorrow is the third and last), with the justices moving from the technicalities of the first day to exploring the legal issues at the heart of whether the law is constitutional or not.
Most of the commentators I’ve heard in the last two days think the 22 Republican challengers (3 state governors, the rest Republican Attorneys General) will not get the law declared unconstitutional. If that is the case, any move to change or eliminate it goes back to Congress.
From 1992 to the near present, it was the Republicans who were pushing mor the Individual Mandate that everyone be required to have Health Insurance. It was only when Obama pushed it in his ACA bill that they came put against it. This is why it seems political more than nationally useful.
Anyway, I’ll be listening to the Court… so more later.
- Supreme Court to Judge Obamacare’s Constitutionality (votingamerican.wordpress.com)
- Supreme Court To Take On Constitutionality Of Health Care Reform Law (dfw.cbslocal.com)
- Day 1 of ObamaCare Hearings Done (newser.com)
- Supreme Court likely to reach merits of individual mandate in Affordable Care Act (dailykos.com)
- A guide to the health-care case (economist.com)
- Nancy Pelosi Once Sneered At Questions About ObamaCare’s Constitutionality? That Must Mean the Law Is Constitutional! (reason.com)
- Reminder: The GOP Was FOR Individual Health Care Mandate Before They Were Against It (bradblog.com)
- Supremes plunge into the health care debate (capitolhillblue.com)
- Inside the Mind of Supreme Court Justice Stephen Breyer (bigthink.com)
- Supreme Court tackles health care law (fox13now.com)
- Listen To Day One Arguments In Supreme Court Battle Over ObamaCare (mediaite.com)
I’ve been sitting watching C-Span 3 which is replaying the arguments today (the beginning of six hours of arguments over three days) – Today they debated whether the Healthcare Law includes a tax and, if so, does the Supreme Court have the jurisdiction to decide the case.
Reuters did a summary of the morning’s session:
LEGAL QUESTION: Whether a challenge to the new requirement that most people in the U.S. buy health insurance by 2014 or pay a penalty must wait until the penalty is due and a refund is sought. This provision of the law is known as the “individual mandate.” A central issue is whether the court should regard this as a general “penalty” or as a “tax” that would be covered by a U.S. tax law known as the Anti-Injunction Act, premised on the notion of “pay first, litigate later.”
* WHO ARGUED: Robert Long, of Covington and Burling, appointed by the court to argue that tax policy should apply and delay the case; Donald Verrilli, who as U.S. solicitor general is the government’s chief courtroom lawyer, and Gregory Katsas of Jones Day, who joined the government’s argument.
* THE HIGHLIGHTS INSIDE: A majority of justices across the ideological spectrum suggested by their questions that federal tax law would be no barrier to reaching the core question of whether Congress had the power to require people to buy health insurance or pay a penalty.
* INSIDE THE COURTROOM: Justice Clarence Thomas did not ask any questions during the session, his usual style during oral arguments. He last asked a question on Feb. 22, 2006, during arguments in a death penalty case. Among the spectators who got one of the coveted seats inside courtroom with the white marble columns and red velvet drapes were: Secretary of Health and Human Services Kathleen Sebelius; Attorney General Eric Holder; outspoken critic of the law Alabama Republican U.S. Senator Jeff Sessions; and Florida Attorney General Pam Bondi, who has led the challenge by the 26 states.
* THE LOWDOWN OUTSIDE: Hundreds of supporters and protesters dueled on the sidewalk chanting and marching with signs declaring their feelings about the law.
* THE DAY’S QUOTE “FOR”: Kathie McClure, an Atlanta attorney, said the law has allowed her children, who suffer from epilepsy and diabetes and are now in their 20s, to get health insurance that they otherwise would not have had. McClure was first in line for a public seat ahead of Tuesday’s second day of arguments and has been camped out since Friday. “This is personal for me. This is about my children’s’ future. But it’s really also about all the other millions of people in America who are in their same situation. In America we spend a boatload of money, trillions of dollars, and still we have a very poor outcome for our people,” McClure said.
* THE DAY’S QUOTE “AGAINST”: Sally Oljar, from Seattle, said it defies the U.S. Constitution ,o force Americans to buy anything. “I’d like to think that the Supreme Court supports the Constitution. … If they don’t, then there are a lot of us who are ready to go to jail. The day hasn’t come when the government can force me to buy a damn thing,” she said.
* UP NEXT: Tuesday is the main event of the three days when the justices will hear arguments on whether Congress, in requiring that most people in the U.S. buy insurance by 2014, exceeded its power to regulate interstate commerce.
While I’ve been waiting at home for the delivery of my SuperFocus glasses (according to UPS tracking they left the Hagerstown UPS facility at around 7:30 this morning… it is now around 1:30 in the afternoon and they are not here yet. Of course, the estimated delivery listing said they would come at “some time” today… so I’m just going to wait.
Anyway, while sitting here waiting, I was thinking about the things that make politicians the servants of corporations with endless supplies of money, while they ignore the needs of citizens who have little or no cash to spare. Notice I didn’t distinguish between Democrats and Republicans… I can cite instances where members of both parties have knuckled under to Corporate funds. Although I must say that, during this season, and especially after the Citizens United decision by the Supreme Court, the Republicans are a good ten times ahead of the Democrats in raising corporate donations for campaign ads (about $100.00 vs. $1,000,000.00 so far) and, unlike the small players, the Republican contributions have not been attributed to anyone… they are completely secret.
That’s going to make the campaign season a little off center as we watch TV ads and listen to radio shows. It’s going to be the responsibility of blogs like this one to keep all the players honest. So I hope as petitions come up and phone calls need to be made that my readers will be as active as necessary to help us preserve the America that is run by the People and not by the Corporate Elite.
- Ben & Jerry on the “Personhood” of Citizens United: (underthelobsterscope.wordpress.com)
- Can Administration Thwart “Citizens United” Ruling (lezgetreal.com)
- GOP’s Political Warfare: Long-Term and Virtually Unopposed (elections.firedoglake.com)
- Doug Kendall: Will the Supreme Court Prevent Citizens United From Being Fixed? (huffingtonpost.com)
- New Democratic “Super PACs” Start Spending (swampland.time.com)
- Koch brothers become political Big Brother (rt.com)
- Senate Democrats to Force Senate Republicans to Vote for Awful Republican Budget (slog.thestranger.com)
- Senator Dick Durbin We Hardley Knew Ye (jonathanturley.org)
- My Superfocus Glasses are supposed to be here tomorrow! I’m excited… (underthelobsterscope.wordpress.com)
They mentioned another video on the Story of Citizens United. Here it is:
And, finally, if you represent a corporation, there is a statement you can sign at Business For Democracy, part of the American Sustainable Business Council.
- Vermont Measure Calls for Revoking Corporate Personhood | CommonDreams.org (f33dyourhead.wordpress.com)
- “Vermont Is Gearing Up to Strike a Major Blow to Corporate Personhood” and related posts (freedemocracy.blogspot.com)
- Citizens United and the Constitutional Rights of Corporations (professorbainbridge.com)
- The Story of Stuff – Season 2 (underthelobsterscope.wordpress.com)
- Robert Weissman: One Year Later, Movement Is Growing to Overturn Citizens United (yubanet.com)
- Doug Kendall: Will the Supreme Court Prevent Citizens United From Being Fixed? (huffingtonpost.com)