Last month, in a 2 to 1 decision, the 3-judge panel on the 11th Circuit of the U.S. Court of Appeals, ruled that Congress overstepped its authority in passing The Afforable Care Act, requiring virtually all Americans to obtain health insurance, according to a September 26th Washington Post article by Robert Barnes.
Then now, as the deadline for filing a request neared, … “the Justice Department said Monday evening that it had decided not to ask the full U.S. Court of Appeals for the 11th Circuit in Atlanta to take up the case.”
“Kudos to the Obama administration for agreeing that it is high time for the high court,” said Randy E. Barnett, a Georgetown law professor who has been one of the key architects of the legal strategy to challenge the law as beyond Congress’s constitutional powers.
Obama deserves “full credit for refusing to employ delaying tactics in this pressing constitutional controversy,” Barnett said.
The Supreme Court has great discretion in when and how to accept a case. But the key ingredients for making a case worthy of the court’s attention — a ruling by a lower court that an act of Congress is unconstitutional and a split among the circuit courts that have considered the issue — are present.
The two judges in the 11th Circuit majority said the health care law’s individual mandate was a “wholly novel and potentially unbounded assertion of congressional authority.”
The case was brought by Republican attorneys general in 26 states.
This past Wednesday, according to a September 29th Associated Press article, the National Federation of Independent Business (NFIB) and the 26 states asked the Supreme Court for a speedy ruling, to put an end to the law aimed at extending insurance coverage to more than 30 million people.
Their appeals said that the high court should strike down the entire law, not just the main requirement that individuals purchase insurance or pay a penalty beginning in 2014.
Both appeals stressed the importance of resolving the overhaul’s constitutionality as soon as possible, which under normal court procedures would be by June 2012–because of [businesses] uncertainty over costs and requirements.
“When you talk to our members and other small-business owners about what is the biggest problem they’re facing, they say uncertainty,” said Karen Harned, executive director of the NFIB’s legal division.
“When you ask what, one of first answers is the health care law.”
Now, a Kaiser Family Foundation survey has found that the Affordable Care Act has already partially contributed to increases in health care costs, and thus has helped to shed some light on why so few employers are hiring–because health care costs for employers are spiraling upwards–according to reporting in a September 28th article by Doug McKelway at FOXNews.com.
The Kaiser survey found that insurance premiums rose by 9 percent thus far in 2011.
It also showed that healthcare costs for a single worker went up on average from $5,049 to $5,429; and for a family, costs rose on average from $13,770 to $15,073.
The survey also found that some provisions of The Affordable Care Act already that are already in place — including the allowance for young people up to 26 years of age be allowed to remain on their parent’s insurance policy — contributed to 20 percent of that increase.
McKelway further reported that the White House, in seeking to limit damage from the report, issued a statement on its blog in advance of the Kaiser survey release, accusing it of, “looking backwards.”
To help stem the tide of damage, Nancy- Ann DeParle, the White House Deputy Chief of Staff, wrote:
“When we look to the future we know that The Affordable Care Act will help make insurance more affordable for families and businesses across the country. “
Let’s start right here with our analysis and commentary and work our way back.
The two statements made by White House spokespeople prove, to any educated business person, that the Obama Administration has no idea what they are doing when it comes to program implementation, review and management, and truly believe that their audience is wholly ignorant, by peddling this tripe.
First, the blog accusing the Kaiser Family Foundation Survey of “looking backwards”–is as patently absurd, like trying to write a book review without having read the book first–analyzing before and after data is the only way to assess the performance of a program.
Then, Ms. DeParie’s statement, which totally relies on the … “we know” … segment, is at best vacuous and at worst is nothing but pompous impotence–much like Nancy Pelosi’s famous contention regarding this very healthcare act … ‘we’ve got to pass it, to see what’s in it, then everyone will like it.’
No wonder the country is in such serious trouble and a laughing stock.
The Kaiser survey simply provides further, categorical proof of the cost increases resulting from the implementation of Obamacare, giving further support to the assessments by the Office of Management and Budget (OMB), as well as a number of Fortune 100 companies.
Remember when, a short while after Obamacare passed, the mainstream media reported that Rep. Henry Waxman (D-CA), went into a fit of rage when a number of large public companies made [forward looking] statements in press releases to the Wall Street Journal–regarding the negative financial affects Obamacare would have on profitability?
Rep. Waxman hysterically proclaimed these companies were all in collusion, trying to disperage Obamacare in the public forum, and then very publicly “threatened” them with “Congressional Investigations.”
A brief time later, one of Rep. Waxman’s staffers had to remind the lawmaker (a lawyer since 1964) that Securities Act laws require public companies to report all “known or suspected material changes in the current or future financial status of their company.”
This is rich irony–but, his tony Beverly Hills constituency continues to re-elect him.
The biggest problem facing the 150,000+ business owner members of the NFIB is “uncertainty”–particularly with regard to “the health care law.”
Whether the White House likes it or not, the looming dark cloud of The Affordable Care Act has frozen all, but necessary, hiring across the United States; and worse, it is compelling companies like General Electric to move entire manufacturing divisions to places like China and India, who are the most “business friendly” low labor cost industrialized countries in the world–like our country used to be.
As we reported before, President Barak H. Obama is the problem that has been ailing America and her citizens, because our country was founded and built as a small government capitalistic society–not a big government socialistic society, like those in the European Union, who right now are desperately gasping for their financial “breath.”
The best thing that could happen is for the United States Supreme Court to throw out the entire Affordable Care Act by June 2012, saving us all the legislative docket time, which would act like a turbo boost for the defeat of Barak Obama, and summarily remove the Liberal Ideology from our collective misery, once and for all.