There's bad news for the 20 states suing the federal government over the legality of the health care reform law.
A federal judge upheld the authority of the federal government to require everyone to have health insurance. Sitting in Detroit, Judge George Caram Steeh said the government has the authority to require everyone to be covered by health insurance by 2014.
That's a major blow to the 20 states who are are suing the federal government because they say the law, which requires individuals to have health insurance, is an attempt by the government to overreach its authority.
Steeh said that requiring everyone to have insurance would "lower the overall cost of insurance by requiring participation."
"Without the minimum coverage provision, there would be an incentive for some individuals to wait to purchase health insurance until they needed care, knowing that insurance would be available at all times," the judge said. "As a result, the most costly individuals would be in the insurance system and the least costly would be outside it," Steeh said. "In turn, this would aggravate current problems with cost-shifting and lead to even higher premiums."
The ruling, though non-binding, bodes well for efforts of the Obama Administration to provide all American citizens with health coverage.
It's something that you think everyone in one of the richest countries in the history of the world would have, especially given the cost to taxpayers to fund a broken health care system that sees many poor people using the emergency room as a primary care clinic.
"The court found that the minimum coverage provision of the statute was a reasonable means for Congress to take in reforming our health care system," Justice Department spokeswoman Tracy Schmaler told the AP. "The department will continue to vigorously defend this law in ongoing litigation."
It's also ironic how several of the 20 states suing the federal government over the unconstitutionality of health care reform are already partaking of money provided by the law.
Arizona, Idaho, Indiana, Louisiana, Michigan, Nebraska and Nevada are receiving money provided under the new law to cover the health care costs of retired state employees while also opposing the law. Six of the states are headed by Republican governors.
The rhetoric surrounding health care has been unfairly turned into a debate about freedoms. It seems that common sense is being tossed out while the well-being of our fellow citizens is being discarded.
It's especially outrageous that one of the plaintiffs in the Detroit suit is the Thomas More Law Center, a national Christian public interest law firm. One would think Christians would be interested in providing as many people as possible with decent health care.
Richard Thompson, president and chief counsel of the group, told the Detroit Free Press that he will challenge the judge's order.
"ObamaCare is one of the most oppressive measures in the history of our nation," Thompson said in a statement. "And it was passed by Congress, despite overwhelming opposition of the American people. It was not about reforming health care, but government seizure of unprecedented power over our lives."
Being able to go to the doctor and not going bankrupt because you've become ill is oppressive? The cost of Americans not having health insurance is simply too great. It is the government who ends up shouldering the costs of those who do not have insurance anyway.
"Almost every single learned scholar who has a reputation in constitutional law knows that this law is constitutional by virtue of the commerce clause, which was decided in the 1930s that the federal government has jurisdiction over economic matters that cross state lines and are significant to the national economy," John Freeman, Michigan director of Health Care for America Now, a national coalition of individuals and organizations working to reform health care, told the Detroit Free Press. "It is obviously clear, with health care representing one fourth of the economy, that this is going to meet that standard."
A Florida judge has allowed the 20 state lawsuit challenge to health care reform to go forward. A ruling on whether to dismiss the case is expected next week, but I have a feeling this will end up at the Supreme Court.
28-Sep-10 - Trying to get various black public figures to speak out for or against Bishop Eddie Long has been harder than getting 4-year-olds to go to the dentist. No one is talking, but everyone is paying attention.
27-Sep-10 - Jessica Moore, 19, was hanging out at an off-campus frat party Saturday, when a man who was angry about not getting in to the party, came back with a gun and started shooting. Moore was shot in the head.
23-Sep-10 - Some really "interesting" pictures of Bishop Eddie Long, which were allegedly sent by Long to one of his "spiritual sons," were made public last week.
22-Sep-10 - According to federal authorities, Jesse Jackson Jr. not only tried to buy President Barack Obama's former Senate seat from Rod Blagojevich, but he also had a fundraiser pay for two airline trips for a blond mistress.
17-Sep-10 - James Jones was arrested and charged with disorderly conduct and disturbing a school function for protecting his disabled young daughter from heartless bullies.
16-Sep-10 - Vancouver police confirmed that Bethany Storro lied about a black woman throwing acid on her face. Storro actually threw the acid on herself.
