States are lining up for court battle of health care reform

[bigdarryl]

can't wait to see how this unfolds http://www.breitbart.com/article.php?id=D9EJSF400&show_article=1

[NavyDavy]

1. talk about waste of tax payer money

[Jersey Devil]

3. Yes, and I would expect taxpayer suits as a counter measure

to claim damages for a waste of public funds by state attorney generals who are using taxpayer money to fund what amount to political campaigns via the courts.

[The Genealogist]

11. It is only a waste of money if it is Democrats doing it.

Sort of like judges are only "activist" when they fail to support Republican pet positions.

[Jersey Devil]

2. Most will be dismissed out of hand

The supremacy clause of the US Constitution and a lack of standing by the states will, imo, cause most of these suits to have a quick end. They will have to find real plaintiffs with real damages to have standing in court.

[bigdarryl]

4. my question is if any state calls this unconstitutional what about

states mandating you have to have car insurance or any other mandates states put on people.

[DJ13]

6. Cars are a voluntary item

You dont have to drive, nor do you have a right to drive.

[Jersey Devil]

8. It's not about cars but about the effect of cars on the health and safety of others

Mandatory insurance laws are based on the general wslfare clauses of the state constitutions. Sure opertating a car is voluntary, but getting hit by a car is not and thus the states have the right to protect its citizens in the event that they are injured. I think the analogy to health care is apt. Mandatory health care is authorized not only by the commerce clause but also by the general welfare clause, just as most "police powers".

[DJ13]

9. The mandated auto insurance mandates coverage for damages

caused to others.

It does NOT mandate coverage of yourself.

[Jersey Devil]

14. Yes it does

That is the basis of "no fault" auto insurance. Your own insurance company pays for your medical care no matter whose fault the accident is.

[DJ13]

16. That isnt a mandated clause, thats an addition to your policy

Only liability and personal injury to the other party is mandated by most states.

[Jersey Devil]

17. Where you getting your info from?

Start with New York and New Jersey, then I believe at least 10 other states that have no fault auto insurance. But that is not the point.

It makes no difference whether the insurance is for hurting yourself or someone else because anyone injured in an auto accident who is not covered by insurance could be a burden financially on the state and thus other taxpayers. So, under its police powers in order to protect the general welfare states have the power to mandate insurance. The very same argument can be made for health care. If someone refuses to buy it he/she becomes a financial burden on everyone else who the govenrment has the right to protect.

[DJ13]

19. Take Wyoming for an example

Wyoming's state minimum insurance requirements are 25/50/20. The first two numbers refer to bodily injury liability limits and the third number refers to the property damage liability limit. The first two numbers in 25/50/20 would mean in an accident each person injured would receive a maximum of up to 25,000 with only 50,000 allowed per accident (ex. 2 people needing 25,000, if the need is more such as 3 people needing 25,000 then whoever files first gets first access to the 50,000 limit and you may be sued for the rest if the accident was your fault!). The last number refers to the total coverage per accident for property damage which in this case would be 20,000.

http://personalinsure.about.com/cs/vehicleratings/a/blautominimum.htm


See anything in there about uninsured motorist, or damage to yourself and/or your own property?

The state mandated auto insurance is to PROTECT OTHERS from your own actions.

Theres also the point that having mandated auto insurance remains a voluntary act thats dependent on your wanting to drive, and ownership of an auto.

The HCR mandates are mandates solely to protect yourself, and (outside of religious affiliations and Indian ancestry) its not voluntary.

[LiberalFighter]

18. I think that federal requirement to have flood insurance for home owners in flood areas.

That would be a federal mandate. Isn't there a mortgage insurance PMI or something that is also required?

[Thrill]

5. They don't have a leg to stand on

[lillypaddle]

7. That great American, Sean Hannity

was apoplectic this afternoon on the radio; only heard about 5 minutes, but it was enough. He was saying that "they" have only begun to fight and there are all kinds of plans to overcome this "disaster." There really isn't anything they can do, is there???? I mean, besides making total asses of themselves ...?

[denimgirly]

10. I can understand the anger towards the Mandates but it does have good things too.

Not a big fan of not allowing imports of cheaper drugs or restricting generics from competing against name brands for 12 years (crazy!) but besides those 3 deadly pills it does have good things in it.

[Proud Liberal Dem]

12. Wait a minute

I thought that they were opposed to unelected and unaccountable ACTIVIST courts legislating (or settling legislative disputes) from the bench?????!!!!

:wtf:

Or maybe that principle just got thrown out the window in 2000 when they got SCOTUS to prohibit a full recount of votes in Florida when it looked like there was still a chance that Gore actually won more votes? Or maybe when they decided it was Congress' business to try to keep Terri Schiavo *alive* by making it so the courts kick the case to the federal court system?

They sure haven't liked courts legalizing gay marriage in an increasing number of states, however.

I'm confused. :crazy:

[HockeyMom]

13. Not suprised about Florida at all

Heath insurance in this state SUCKS. I am from New York. No comparison in the coverage, whether you are a state, non profit, or private employee.

Come January, IF I am still living here, I will have to pay $2,500 a year for health insurance with a $3,000 DEDUCTIBLE. You want BAD? Unless you are on your deathbed, you will not be going to any doctors. BTW, I work for a school district.

[Yavin4]

15. The Very Same States That Mandate Auto and Home Insurance

Wow, way to waste precious state resources.