Pre-existing condition regs could pave way for future public option death panels


We the People have won major battles, but the war now shifts to less vocal victims

The outcry against specific proposals in the House bill, even before it was passed out of committee before the recess, was so strong that at least 41 democrats prevented a floor vote. The outcry in Town Halls during the August recess has doomed any public option, government officials making end of life treatment decisions or any major change to Medicare.

The elderly lobby is informed; politically active; and crucial to keeping the Democratic Party viable nationwide. Therefore, the Democrats, of necessity, will have to shift to Plan B, for which they have been laying the groundwork in their demonization of insurance companies as villians.

Plan B will be to more heavily regulate the product. They will now seek to require that private insurance not be denied to customers with pre-existing conditions and/or severely restrict any price differential.

This is not an acceptable compromise.

Hippocrates (pictured) said: “First, do no harm.”

Why would anyone buy medical insurance before they get sick if this law takes effect? And given that the only way any insurance business can stay in business is by paying for the claims thru premiums from non-claimants, how long would it be before the private health insurance industry would cease to exist?

Conservatives must stand firm and resist any plan that includes such a provision and must instead advocate the following:

Be the protectors of Medicare;

End state regulations that prohibit free interstate competition in health insurance; and

Demand federal tort reform.

We have won a major battle thanks to the elderly and those that fear losing their current employer provided health insurance as threatened by a public option. But employer health insurance is also threatened by eliminating pre-existing conditions as reason for denial and much higher premiums.

We must make the case on this point.

Mike DeVine’s Charlotte Observer, Examiner.com and Minority Report columns

“One man with courage makes a majority.” – Andrew Jackson

Originally published @ Examiner.com, where all verification links may be accessed


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I hope the Ds will coopt the Shadegg plan

pilgrim (Diary) Wednesday, August 12th at 9:31PM EST (link)

Congressman Shadegg has had a plan for years. I know some people will be upset if the Ds take the credit. Personally I do not care who gets the credit as long as the wrong law is not rammed through.


Activists Taking Action: Unified Patriots

 

What we really need

George Neitz (Diary) Wednesday, August 12th at 9:32PM EST (link)

is lots more competition and far stricter regulations on the ambulance chasers, we will never get lawyer reulation through the congress of fools but maybe we can have a chance at the possibility of interstate insurance plans.

“Socialism only works
in two places:
Heaven where they don’t
need it and hell where they already have it.”
-Ronald Reagan

555 - nt

Mike gamecock DeVine (Diary) Saturday, August 15th at 6:01PM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

Great prescription, GC

redneck_hippie (Diary) Wednesday, August 12th at 9:38PM EST (link)

The analysis you provide is helpful. The pre existing condition provision will be a hard sell because it requires ‘splaining as to ultimate outcomes, and most people will not follow the logic.


Activists Taking Action: Unified Patriots

yes, the pre-existing condition issue will seem a gift to non-seniors and so is akin to buying votes, whereas

Mike gamecock DeVine (Diary) Wednesday, August 12th at 10:24PM EST (link)

the reason that the seniors are so energized is the taking away of Medicare as we know it.

The best argument is to point out that no insurance model works unless most premium payers are not making claims

and that

if one can’t be denied coverage due to pre-existing conditions, a large number of people will have no reason to apply until they get sick

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

Not quite

Menlo (Diary) Wednesday, August 12th at 10:07PM EST (link)

First off, I don’t see anything defeated yet. It has yet to come to a vote. I don’t believe it is anywhere near defeated.

Second, I think the individual mandate should be next. It is, IMO, worse than burdensome regulation of insurance companies. I am horrified this seems to be the one area where most members of Congress may agree.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

Anyone can declare victory after a vote. Cockstradamus sees the inevitability of events before their culminations and

Mike gamecock DeVine (Diary) Wednesday, August 12th at 10:27PM EST (link)

is not afraid to say so. This skill has helped us win many jury trials; elections as campaign managers and bets!

Agreed that individual mandate is also a threat, but I think the pre-existing condition issue is more likely as it is akin to a giveaway and so much easier to sell.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

We'll see

Menlo (Diary) Thursday, August 13th at 2:11AM EST (link)

I think an easier sell would be to make insurance companies stop using those annoying voice-activated phone menus and bring in live telephone operators. I want to knock the head off that stupid robot that wants “her” questions answered just so, and I suspect I’m not alone.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

 
 
 

Not quite

Menlo (Diary) Wednesday, August 12th at 10:07PM EST (link)

First off, I don’t see anything defeated yet. It has yet to come to a vote. I don’t believe it is anywhere near defeated.

Second, I think the individual mandate should be next. It is, IMO, worse than burdensome regulation of insurance companies. I am horrified this seems to be the one area where most members of Congress may agree.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

 

Personally, I think that anything goes against the 4 points that one person will let interrupt

Richard Mullins (Diary) Wednesday, August 12th at 11:00PM EST (link)

That being Living,Dieing,Taxes and most of all, their money. The problem isn’t is an HR 3200 going to happen but rather what is the aftermath of it(SCHIP happened in 1997 a few years after Hillarycare).

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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.

Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.

Obama drops public option! THIS IS A HUGE VICTORY...but, yes, the inevitable but - LINK

Mike gamecock DeVine (Diary) Sunday, August 16th at 3:11PM EST (link)

http://www.bloomberg.com/apps/news?pid=20601087&sid=aRqy6w7DFAB0

I just found this article re Sebelius’s pronouncement today and so I must amend previous cautionary hosannahs to some extent.

This is HUGE. The public option ALONE would have been devastating even if it was not the ultimate goal of Single Payer.

We the People should rejoice and recognize that we DO run this country when we decide to do it, much like with amnesty defeat.

Now, Dems are reduced to incrementalism which is bad, BUT, we have been living with incrementalism for 75 years and millions have lived the good life in America in those 70 years, so lets not be above smelling the roses.

5 minutes up!

Now, the incrementaism of the past century is a growing threat to America and it needs to be reversed, which will be harder to do with even more of the same.

Next threats:

plan b

Co-ops between govt and private sector is akin to the fannie/freddie govern sponsored entities that distorted the housing market. It could be even worse in health care, and over time

although, I do want to see the exact wording of such a bill and examples of existing co-ops, some of which i think have worked pretty well for low income people

DOES ANYONE KNOW ABOUT THESE THING?

OVER TIME

could hurt the private ins industry and med costs so much that people would be so desperate that they could turn to a public option.

Same for the next least offensive plan c of increased ins co regs requiring pre-existing conditions be treated less significantly.

It would take MORE TIME for this to ruin the market than co-ops, maybe? but still would be the kind of incrementalism we don’t need

and

both plan b and c would be HARD TO REVERSE!

Whuch is the big problem with all the incrementalism.

more later

as usual

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

These existing Community Health Centers look good to GC - LINK - are they co-ops?

Mike gamecock DeVine (Diary) Sunday, August 16th at 3:12PM EST (link)

http://race42008.com/2009/08/15/healthcare-at-130-a-person/

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Like I have been saying:

izoneguy (Diary) Sunday, August 16th at 3:45PM EST (link)

Go after the lawyers – everyone hates lawyers -
Do I expect any action? NO – but you keep hitting
with distracting blows to keep them off-balance….

For example: Get reps & senators that are not lawyers to say:
The president is demonizing the health insurance industry & doctors when the REAL problem are trial lawyers like John Edwards…..

Destroy John Edwards – he has no credibility….

Of course you will have to see which Republican rep are trial lawyers that sue the insurance industry…..

Cash Bar – How trial lawyers bankroll the Democratic party

http://findarticles.com/p/articles/mi_m1282/is_16_53/ai_76915714/

Edwards’s career tied to jury award debate

http://www.boston.com/news/nation/articles/2003/09/15/edwardss_career_tied_to_jury_award_debate/

Why John Edwards Is Responsible For More Unnecessary Operations Than “Greedy Doctors”

http://www.allamericanblogger.com/8120/why-john-edwards-is-responsible-for-more-unnecessary-operations-than-greedy-doctors/

The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.

everyone does not hate lawyers - there are so many of them and they have families and clients! - nt

Mike gamecock DeVine (Diary) Sunday, August 16th at 7:54PM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Definitely, we do not hate lawyers...

penguin2 (Diary) Sunday, August 16th at 8:55PM EST (link)

Lawyers are important and necessary. And aren’t we glad when we need one there is one to call. We can’t demonize a whole group. We can be annoyed with some, just as we can be annoyed with any other group-doctors, dentists, teachers, etc. All groups can have exceptions.

Resistance to tyrants is obedience to God. – Benjamin Franklin
When Good stands up to Evil, Evil blinks. – Vassar Bushmills

Conservative Education: Suggested Reading List

Activists Taking Action: Unified Patriots

One exception.

Bill S (Diary) Sunday, August 16th at 9:02PM EST (link)

Leftist Democrats. I demonize them.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

OK, OK, you got me

izoneguy (Diary) Sunday, August 16th at 9:31PM EST (link)

Perhaps saying people hate ALL lawyers was not correct….

What I meant to say is people don’t like the PI lawyers like John Edwards…..

The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.

better - we have to love them to get to heaven, but

Mike gamecock DeVine (Diary) Monday, August 17th at 10:27AM EST (link)

I love the book

Life Without Lawyers

check it out

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 
 
 
 
 
 
 

"Be the protectors of Medicare"?

gahazzah (Diary) Thursday, August 13th at 2:50AM EST (link)

Why would Conservatives want to be the protectors of a program that is completely bankrupt and full of nothing but IOU’s?

Isn’t 33 Trillion, with a “T”, as in 33,000 Billion, dollars enough of a issue before Conservatives manage to look at the problems?

Declaring victory over a public option (read: single payer) system and/or “death panels” in a bill that isn’t A) finished and B) voted on yet is troublesome enough. Supporting Medicare just seems a tad bit off-base in the scheme of fiscal responsibility.

/government

Please Understand

gahazzah (Diary) Thursday, August 13th at 4:18AM EST (link)

I know voters WANT medicare. The elderly are the biggest voting bloc and they want them freebies, (R) and (D) alike.

I just don’t understand the support for the program as it stands. Shouldn’t it be a solvent program? Shouldn’t it be forced to run on a budget? Shouldn’t it be entirely decimated considering it’s unconstitutional on it’s face?

/government

Yes, Medicare needs reforms re funding but not as Obama wishes and the GOP has been handed this opportunity

Mike gamecock DeVine (Diary) Thursday, August 13th at 9:57AM EST (link)

We must take this opportunity to divorce conservative seniors from their unnatural, fear driven marriage to democrats.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 

Yes, Medicare needs reforms re funding but not as Obama wishes and the GOP has been handed this opportunity

Mike gamecock DeVine (Diary) Thursday, August 13th at 9:57AM EST (link)

We must take this opportunity to divorce conservative seniors from their unnatural, fear driven marriage to democrats.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 

Recommended, GC, but this isn't won; not by a long shot.

Achance (Diary) Thursday, August 13th at 5:52AM EST (link)

The Ds have incrementalism down! The get along, go along Republicans will side with the Ds on some “compromise” that gives the Ds 90% of what they want and gets the Rs that voted for it some face time in the MSM. Thus is a nation destroyed.

In Vino Veritas

agreed, and I see the plan b regulation of the ins industry as just that - nt

Mike gamecock DeVine (Diary) Thursday, August 13th at 7:34AM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

more detail Achance - yes, I am arguing precisely that we must NOW guard against more incrementalism - see answer to StephC below - nt

Mike gamecock DeVine (Diary) Thursday, August 13th at 10:01AM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 

Have we defeated it?

Steph C (Diary) Thursday, August 13th at 9:29AM EST (link)

Somehow, I get the feeling that they’re going into stealth mode because they think so little of their constituents they expect us to forget by the time 2010 elections roll around.

If they can manage to get reelected, they’ll pick it up again after January 6, 2011.

I’m glad for RedState as the go to place when we need to remind people just what our congresscritters really think of us. Our work is nowhere near done in defeating this bill.

It must be a continual assault on government power grabs and ridding this nation of leaders who aren’t leaders but succubi at the teat of American prosperity who will not stop until every part of it is sucked into their control.

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

StephC, there are many "its" yet to be defeated, but it appears that Dem overreach

Mike gamecock DeVine (Diary) Thursday, August 13th at 10:05AM EST (link)

has defeated the attempt to leap forward to public options and/or co-ops much less single payer in the near future. The battle now is to stop incremental steps like those that have been made since the 30s and esp the late 60s, like the desire to bankrupt the ins industry by destroying the very basis for ins co survival via limits on pre-existing conditions denials and price differentials.

The inability of the dems to get a floor vote before the recess despite their huge majorities and some statements by Obama this week indicate that they know they can’t get the votes now for the public option nor even the co-op and that they will now turn to plan c really, greater regs of ins cos.

There is one “it” that we will always have to defeat as long as liberals live!

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Yeah

Steph C (Diary) Thursday, August 13th at 12:05PM EST (link)

but people need to be reminded on a constant basis. Too often, we think we’ve defeated something and it keeps coming back.

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

the defense of liberty is a 24/7, 365 affair (366 in Leap Years) - nt

Mike gamecock DeVine (Diary) Thursday, August 13th at 3:01PM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Absolutely. nt

Steph C (Diary) Thursday, August 13th at 7:46PM EST (link)

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

thx SF, and one reason I try and announce victories in battles is so that we don't confuse that with the war and

Mike gamecock DeVine (Diary) Saturday, August 15th at 7:30PM EST (link)

so we can shift focus to the next battle.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 
 
 
 

Gamecock- Here in VA

Scope (Diary) Thursday, August 13th at 1:43PM EST (link)

96% of the insured virginians have Anthem BC & BS. That’s not competition for sure. As to the pre-existing condition clause, I thought that you aren’t denied coverage, but, the insurance will not cover anything to do with that pre-existing condition for a period of 6 months to one year. If you have not been to a doctor for that pre-existing condition within 6 months, the condition is then covered from the beginning. Is that different in other states. I have hypo-thyroid, take a thyroid pill once a day ($4 at Target per month), and have a blood test once a year to monitor the ST3′s and ST4′s. When I looked into private insurance after a job loss, it was considered a pre-existing condition. I went on my husbands employer provided plan, and it wasn’t a pre-existing condition. Every plan considered was Anthem.

There is no question that healthcare insurance needs work, with the options you listed among the top priorities. Open up intrastate competition, tort reform, health savings accounts, tort reform, and did I mention tort reform.

Some ins cos refuse coverage for pre-existing conditions for a period time and charge

Mike gamecock DeVine (Diary) Thursday, August 13th at 2:52PM EST (link)

more for premiusm when covered and some states allow ins cos to never cover such conditions.

I think the opening up of competition allowing bigger pools of people to share costs and reducing med mal ins thru tort reform would lower costs so much that ins cos would be able to offer better coverage and portability w/o onerous regulations that would drive private ins cos out of business.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

How can one fight incrementalism and support Medicare?

gahazzah (Diary) Thursday, August 13th at 2:16PM EST (link)

Medicare IS incrementalism by nature. The government overstepped, forgot the Constitution and put a system in place in order to gain popularity among the elderly and up the chances of re-election.

Without the “gateway drugs” of Social Security and Medicare (and all the expansions therein) we wouldn’t be having this healthcare debate in the first place. Once you wet people’s appetite for freebies it becomes almost impossible to take them back.

Besides the fear of political suicide, which always leads to compromise on the part of wishy-washy Snowe-Collins (R)s, there is no justifiable reason to support Medicare.

/government

What I mean is that given the Dems' Medicare "remedy" and betrayal of the elderly coupled with

Mike gamecock DeVine (Diary) Thursday, August 13th at 3:00PM EST (link)

their demonization of Republicans for 40 years as not caring about the elderly and anxious to take away their medicare and social security, this is a once in a lifetime opportunity to build a permanent conservative majority in a nation that is center-right but that has not had the government it deserved because of the way the Dems have bribed the otherwise conservative seniors.

Yes, we are for reforming Medicare, but not thru death panels. Rather, we can reduce medical costs via interstate commerce and tort reform.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Except Tort Reform...

gahazzah (Diary) Thursday, August 13th at 4:46PM EST (link)

… won’t happen while the (D)s control Congress and the White House. This issue has devolved into an (R) v. (D) issue and I think those on this side of the fence are missing something — the (R)s don’t have much credibility as a party currently.

This is all IMO and perception so take it with a bag of salt — However, (R)s didn’t pioneer this movement. The “Tea Parties” started independent of the (R) party and they jumped on because they [mostly] agree with the principle of the movement. When the GOP was complaining about Rush, Rush was complaining about Socialism. Now Rush is back in the good graces of much of the party (it seems) but the party is still in disarray.

California is typically a great place for (R)s to raise money because the (R)s here loathe many of the (D)s, we’re just gerrymandered into obscurity. Problem – the GOP in CA tanked us with Arnold using fuzzy logic and popularity. Now we’re worse off than before we started. People are wising up to the notion that once enough votes are secured (or enough people are bought off), the rest of the legislature is typically saving their butt. Voting NO is no longer acceptable, one needs to actually work, in the open (and behind closed doors) to stop legislation.

To put that in context nationally. I don’t care that my Congressman voted no on Cap and Trade. I don’t care that the “Blue Dogs” were bought off. Those “Blue Dogs” that voted No? I don’t trust them either. Why? Once the Snow-Collins-Graham flock gave the (D)s cover, they were able to save some votes in 2010/2012.

The (R) party is notorious for capitulating and selling out fiscal responsibility. See Medicare Part D for reference. See illegal immigration. See talk on real reforms.

Yes, the Obama administration is going hog-while not wasting crisis after crisis. But that doesn’t de-facto mean we can trust the (R)s to fix anything, they haven’t in the past. 9/11 happens and we get MORE government. The (R)s take over Congress? We get MORE government.

The (D)s didn’t bribe the Conversative seniors. The (R)s bribed them as well. The “Conservative Seniors” would vote you out if you didn’t give steal from Paul to give Peter his Medicare. If you think the (D)s are the only bad guys here you’re forgetting Trent Lott’s thoughts on pork legislation (it’s only pork if it doesn’t go to his district).

Interstate Commerce won’t work as a solution simply because the Commerce Clause is so huge you can drive a truck through it. And the government does just that constantly. In 2004 the SCOTUS ruled in Reich v. Ashcroft that the Federal Government had the right to stop Medical Marijuana because it theoretically violated interstate commerce because if it had been sold (it hadn’t), it could have competed against interstate vendors (which didn’t exist) and thus was covered under interstate commerce. All it take is one administration to drive another truck through the clause and you’re toast.

Watch Glenn Beck and you’ll see more of what people are thinking – people are tired of being lied to and this “the (D)s are wrong and have betrayed the elderly” isn’t quite true. The government has betrayed America. (R) and (D) alike. Look at the cost analysis for Medicare reform under Bush. Look at the speed at which the Patriot was read (it wasn’t). We’re not getting anything NEW right now, we’re just getting it at light-speed. People are seeing this and it’s hard to watch.

I happen to like the (R) side simply because I can typically have a rational conversation with people on this side of the fence and butt heads and go home friends, whereas the (D)s just scream at me and then go cry into their lattes.

Unfortunately I don’t see any real change from this side. The GOP helped eviscerate Sarah Palin both before and after the election. The GOP alternative plan on healthcare, while “better”, is still a joke. It doesn’t matter which side of the aisle you’re on anymore. If a (D) will fix the border, I’ll support a (D). If a (R) is owned by K Street or GE or Disney or whomever, I’ll vote against that (R). I’m tired and I think many of my fellow Americans are tired as well.

My local (R) is a huge fighter against Pork in Congress and yet when the GOP held power he couldn’t even get support for anti-pork legislation. If the (R)s want us to believe in them and vote for them, there needs to be something more to vote for than the notion that “we’re not Obama”. That didn’t work for Kerry, it didn’t work for McCain. It won’t work for 2010.

Finally, we should all understand that people are really good at spotting irony and hypocrisy. You cannot reform healthcare in this country while keeping the borders open and refusing to deport illegal immigrants. You cannot reform it while keeping bureaucrats in charge of decisions (such as medical marijuana). You cannot truly reform it with a more complex tax-code that nobody, not even our Congress, can read or understand.

The GOP needs to understand that they’re jumping on the fiscal responsibility bandwagon right-now, not leading it.

/government

Yes, and the truck we can drive thru the interstate commerce clause is GOOD in this instance and it is fundamental

Mike gamecock DeVine (Diary) Thursday, August 13th at 7:22PM EST (link)

that what lowers insurance premiums is expansion of the pool. Right now we have 51 limited pools. All pools will grow with 1 huge pool.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Your truck might seem good, wait until they bring their 18-wheeler

gahazzah (Diary) Thursday, August 13th at 8:39PM EST (link)

This is where I so differ from many Conservatives and members of both parties. Simply because it has become excepted practice to violate the Constitution doesn’t mean you should support it for your ends. Once you lose favor, and both parties do as our history has shown, the other side will use your weapons against you and further take this country out of the hands of the citizens.

Wickard v. Filburn was an unconstitutional ruling as is every subsequent ruling further destroying the Commerce Clause and State sovereignty. The solution isn’t to further dilute the Commerce Clause, the solution is to remove the issue from the Federal Government entirely, step by step.

/government

It doesn't violate the constitution for Congress to act under its Article I power to regulate interstate commerce. What Wickard did was

Mike gamecock DeVine (Diary) Thursday, August 13th at 9:15PM EST (link)

deem intra-state non-commerce to be interstate commerce and so subject to federal laws limiting personal consumption freedom.

In this case Congress would be expanding freedom to ins cos that now are prohibited from doing what they wish and sell their products in all states.

Wickard didn’t want to sell, even in his own state!

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 
 
 
 

I have a slight problem with this

riotlibrarian Saturday, August 15th at 8:58AM EST (link)

I don’t think that someone who has battled leukemia as a child should be unable to start their own business or work for a small business for the rest of their lives. I agree that there is a problem is no one buys insurance until they get sick, but if someone loses their insurance through their job, or got sick when they were still a child and can no longer stay on their parents’ policy, it seems that a lot of people are going to end up in terrible situations through no fault of their own, where they have no hope of financial stability no matter how hard they work.

I don’t think the government should meddle with the free market. But when you have a situation where people are being discouraged from being productive, you have a problem. If you are a type I diabetic and can’t get insurance coverage, you have no incentive to ever make over the Medicaid cut-off. High-risk pools in my state can cost as much as $33,000 a year, which is not affordable for the majority of people.

This problem has to be addressed. I just don’t know how. If anybody could help me out, I would appreciate it.

agreed, but think that the issue is best addressed AFTER

Mike gamecock DeVine (Diary) Saturday, August 15th at 11:48AM EST (link)

we open up ins competition across state lines and have tort reform, as i think that would lower the cost of care and premiums to the point that companies could offer better and less expensive coverage for those with pre-existing conditions.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson