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Lawyers for President Obama Seek to Stop States' Repeal of Healthcare Reform


Posted on 09 Jun 2011

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Telling a court that its key provision is grounded in Congress' right to regulate commerce, attorneys for President Barack Obama on Wednesday sought to stave off the biggest legal challenge yet to his landmark healthcare reform.

Senior administration lawyer Neal Katyal argued that the Affordable Care Act does not violate the constitution, as 26 states seeking repeal of the law have argued. They contend that individuals cannot be required to buy health insurance as the law requires.

Katyal defended the 2010 law before the 11th Circuit Court of Appeals in Atlanta and said it is grounded in three separate constitutional principles.

"Those three findings set up three different independent constitutional bases for the act and each becomes even weightier still when viewed alongside the current standard rule that a strong presumption of constitutionality inheres to acts of Congress," Katyal said in his opening remarks.

The act requires Americans to buy health insurance by 2014 or face a fine equal to 2.5 percent of their income.

Former Solicitor General Paul Clement, representing the 26 states seeking repeal, said that provision punishes inactivity and exceeds the authority the constitution grants Congress to regulate interstate commerce.

"For 220 years, Congress never saw fit to use this particular power," Clement told a three-judge panel.


Comments

 
dee Jun 25 2011 12:56PM Report Abuse
clearly these morons against health insurance for their citizens HAVE NO BETTER ALTERNATIVE OTHER TO BE SKEPTICAL AND OPPOSED AS ALWAYS TO EVERYTHING CONGRESS MAKES. JUST AS THESE PUNDITS WERE OPPOSED TO SOCIAL SECURITY AND MEDICARE LEGISLATION IN THE 60S AND LOOK HOW SUCCESSFUL THOSE BOTHE BECAME. FURTHERMORE SOME OF THESE PEOPLE SCREAMING TO KEEP YOUR HANDS OFF MY MEDICARE SEEM TO FORGET THAT IT WAS A DEMOCRATIC PRESIDENT THAT PUT BOTH THOSE ACTS IN PLACE. AND FINALLY THIS COUNTRY IS ONLY 1 0F 2 IN THE WORLD WITHOUT HEALTH INSURANCE FOR ITS CITIZENS. WHICH IS DISGRACEFUL AND DISGUSTING AND IS LONG LONG LONG OVERDUE. THEY ARE ALWAYS GOING TO BE STATES JUST LIKE THEY WERE DURING THE TIME OF THE CONSITUTUION WHO DID NOT WANT THIS THAT AND THE OTHER THING..SUCH AS GA AND SOUTH CAROLINA WANTING TO KEEP SLAVERY AND GOT AWAY WITH CRUELA ND UNJUST TREATMENT FOR 20 MORE YEARS AGAINST BLACK AMERICANS.HERE WE GO AGAIN WAKE UP AMERICA STOP INCITING FEAR AND OPPOSITION INTO EVERYHTING THAT IS DECENT AND FOR THE GOOD OF ALL PEOPLE BECAUSE THEY ARE THOSE WHO CAN OR WILL TRY..AS FOR UNCONSITUTIONAL GIVE ME AFRIGGING BREAK - OBAMA WAS A CONSITUIONAL BRILLIANT LAW PROFESSOR...BUT HE DOES NOT KNOW WHAT IS UNCONSTITUTIONAL NEITHER DID HILLARY CLINTON WHEN SHE TRIED TO GET HEALTH CARE IN 1994 INTO THIS COUNTRY. MY ONLY WISH IS THAT FOR THOSE WHO HAVE HEALTH INSURANCE AND WHO IS AGAINST IT TO HAVE NONE - TO HAVE IT COMPLETELY AND UTTERLY REMOVE WITH NO POSSIBILITY OF BEING TREATED WHEN THEY GET SICK - THEN PERHAPS THESE PEOPLE WILL FINALLY GET TO UNDERSTAND WHAT IT IS A CITIZEN TO BE WTHOUT HEALTH INSURANCE WHEN THEY NEED IT MOST. OTHERIWSE SHUT UP AND STOP TRYING TO REPEAL IT JUST BECAUSE U CAN.
hj Jun 9 2011 12:07PM Report Abuse
If they make everyone buy health insurance, hospitals should refuse treating those with no insurance who cannot pay at time of service.
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