Monday, December 13, 2010

Health Care Reform Named Unconstitutional


In a case taken to court by the state of Virginia, U.S. District Judge Henry E. Hudson has ruled that Obama's health care law is unconstitutional. His reasoning was that the government can not require Americans to buy insurance. He continued to say that putting a penalty on people for refusing to buy insurance is not under Congress' power under the Commerce Clause. Under this clause, the government can only regulate issues that relate to interstate commerce, health care not included. "This dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health care coverage — it's about an individual's right to choose to participate," stated Hudson. This case is expected to be taken to the Supreme Court for its final ruling.

I think that this law is somewhat unconstitutional. I have learned from this article that this particular individual mandate section of the law is not fair and violates rights given in the Constitution. However, I do think health care is very important, and a proper reform is needed. Is this law unconstitutional or are people just angry because they will have to pay an extra fee for insurance?

What would happen if the health care reform is ultimately ruled unconstitutional? Would it be a big blow to the Obama administration?

2 comments:

kiko said...

I do think that this could be a big blow to the Obama administration. In a political climate that is more favorable to him, this ruling may have less of an effect on the health care law and its implementation, because he’ll have more political “allies” on his side and therefore more power and ability to assert his executive powers over the ruling. However, the health care law was barely passed as it is, and with the upcoming Republican-dominated Congress, which is less likely to cooperate with him, and his low public approval rating, I think that things are not looking good for Obama’s health care reform law.

raymond94010 said...

"Dag nab it.."

The Health Care Reform has been somewhat controversial, but overall the purpose was intended to do some good.

It's illegal to drive and not have car insurance.
If they make us buy car insurance to drive, yeah think it would be more worth while to have health insurance! Your health is always more valuable than a car.... man....

They way I see it, they make you buy car insurance to protect being sued, coverage of damages of involved parties.. etc...

lets say that average joe gets by on a 9-5 without a thing to complain and gets hurt and misses work and now has a family to feed and no longer means to put food on the table. If a person gets sick or hurt, it not only effects the person, it effects those that depend on him/her. There are a lot of family's struggling out there, and getting sick or injured is part of life, but getting sick or injured and not being able to provide for loved ones can be an overwhelming situation.

-Raymond Lim