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Anvilbrother

States healthcare freedom acts

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The Freedom of Choice in Health Care Act has already been passed, filed or prefiled in 33 states -- Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Lawmakers in an additional four states -- Montana, North Carolina, Rhode Island, and Utah -- have publicly announced their intentions to file the legislation. A citizen-led initiative has also been announced in Colorado.

Florida's DA is fired up and ready to go with the lawsuit reported today.



The Tenth Amendment of the U.S. Constitution states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Issues regarding health care and health insurance were never delegated to the federal government by the states and, thus, are reserved to the states.


Wonder if this is going to be our way out of obama care, or just another speed bump on the way to socialism

Postes r made from an iPad or iPhone. Spelling and gramhair mistakes guaranteed move along,

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Voters in a state would have to be pretty stupid to opt out of the newly passed system. They'd still end up paying income taxes for it and not receive any benefits . . . that's beyond way fuckin' stupid, but my guess is some insurance companies are going to be smart enough to push for it and slick enough to get enough stupid people to vote for it.

Imagine for a second a state trying to pass a bill to opt out of Medicaid or Social Security yet still have to contribute to it. How fuckin' stupid is that?
quade -
The World's Most Boring Skydiver

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clearly 37 or 38 states are racist, sexist and hate the poor

'nuff said

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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The Tenth Amendment of the U.S. Constitution states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Issues regarding health care and health insurance were never delegated to the federal government by the states and, thus, are reserved to the states.



This argument, on this issue, will lose by at least 6-3 in the SCOTUS.

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The Tenth Amendment of the U.S. Constitution states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Issues regarding health care and health insurance were never delegated to the federal government by the states and, thus, are reserved to the states.



The Tenth Amendment is irrelevant because of the Commerce Clause.

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The Tenth Amendment of the U.S. Constitution states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Issues regarding health care and health insurance were never delegated to the federal government by the states and, thus, are reserved to the states.



This argument, on this issue, will lose by at least 6-3 in the SCOTUS.



I wouldn't be so sure. There are still five complete and total Republican party loyalists on the Supremes. In the last few years they've stretched things quite a bit in favor of that loyalty. Things well beyond the pale. It would be "interesting" to see this come down to a 5-4 decision against healthcare and I don't know how the fuck they'd justify it, but I'm sure the Republicans are going to try.
quade -
The World's Most Boring Skydiver

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My thinking is the same as Drew's - the Commerce Clause will probably be the key hinge. It would be difficult to craft a winning argument on how a federally-run national health care program would be unconstitutional on 10th Amendment grounds without similarly nullifying, for example, Social Security and Medicare.

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