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Former Senate GOP leader Frist questions health care lawsuits
Legal Newsline ^ | 4-16-09

Posted on 04/16/2010 11:42:54 PM PDT by legalwatch

Lawsuits challenging the constitutionality of the new federal health care law are not likely to succeed, a former U.S. Senate Republican leader said.

(Excerpt) Read more at legalnewsline.com ...


TOPICS:
KEYWORDS: frist; healthcare; obama; obamacare
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1 posted on 04/16/2010 11:42:55 PM PDT by legalwatch
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To: legalwatch

Poster boy for the need to Pink Slip RINO incumbents.


2 posted on 04/16/2010 11:43:52 PM PDT by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: legalwatch

We need more people out there filing more lawsuits against Obamacare


3 posted on 04/16/2010 11:47:14 PM PDT by ErnstStavroBlofeld ("I have learned to use the word "impossible" with the greatest caution."-Dr.Wernher Von Braun)
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To: legalwatch

From the article:

“Members of Frist’s family in 1968 founded Hospital Corporation of America, the largest private operator of health care facilities in the nation. Frist sold all of his shares in the Nashville, Tenn.-based company in 2005.”

The Frist family is the specific beneficiary of a section of the law that provides them with near monopoly power in private hospital ownership in their existing markets, of course Frist loves this law.

http://www.freerepublic.com/focus/f-news/2487432/posts

ObamaCare’s First Victim: Physician-Owned Specialty Hospitals
Forbes ^ | 4/5/2010 | David Whelan

Posted on 4/6/2010 4:00:05 AM by bruinbirdman


4 posted on 04/16/2010 11:49:15 PM PDT by JerseyHighlander
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To: legalwatch

Thank God this guy is gone.
Now if only he had the class and common decency to keep his stinking mouth shut.


5 posted on 04/16/2010 11:49:41 PM PDT by Lancey Howard
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To: legalwatch

Where Santo when U need him?


6 posted on 04/16/2010 11:49:58 PM PDT by screaminsunshine (i)
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To: legalwatch

Glad he’s an ex Senator!!!


7 posted on 04/16/2010 11:50:57 PM PDT by dalereed
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To: legalwatch

When is Bush I and II coming out with their support? You know it is coming.


8 posted on 04/16/2010 11:50:58 PM PDT by JoSixChip (It's time to embrace the madness! The sooner we default the sooner we can reorganize.)
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To: unspun

Oh dear, he wants us all to give up and take it up the yingyang from Obowmao. Spoken like a true worthless RINO.


9 posted on 04/16/2010 11:51:22 PM PDT by max americana
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To: unspun
"Poster boy for the need to Pink Slip RINO incumbents."

Photobucket
10 posted on 04/16/2010 11:53:58 PM PDT by SeattleBruce (God, Family, Church, Country - 11/2010, 11/2012 - Tea Party like it's 1773 & pray 2 Chronicles 7:14!)
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To: legalwatch

Join the class action law suit against the health Care Law:

http://www.obamacareclassaction.com/


11 posted on 04/16/2010 11:54:10 PM PDT by dalereed
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To: legalwatch
Wasn't this guy supposed to run for President - but for some reason fell off the scope after resigning from senate leadership?
So why should I care about his opinion?
What has he done lately to give me credibility?
12 posted on 04/16/2010 11:54:23 PM PDT by J Edgar
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To: unspun

We all need to call him up and tell him to shut his pie hole. Most Americans are disgusted with his death care bill.


13 posted on 04/17/2010 12:08:30 AM PDT by SaraJohnson
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To: legalwatch

He’s probably correct. Its very doubtful the USSC will overturn this.


14 posted on 04/17/2010 12:14:03 AM PDT by montanajoe
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To: legalwatch
Former U.S. Senate Majority Leader Bill Frist, R-Tenn., said he is pleased that the Obama administration will be able to extend health care coverage to millions of uninsured Americans, Nashville Public Radio reported Thursday.

Dumb a$$!

15 posted on 04/17/2010 12:14:48 AM PDT by Razz Barry (Round'em up, send'em home.)
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To: montanajoe

Whether or not a lawsuit can prevail, the bill is unconstitutional. If not, it’s probably time for a Constitutional Convention.


16 posted on 04/17/2010 12:29:55 AM PDT by Prospero (non est ad astra mollis e terris via)
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To: montanajoe

how may this be done without creating a precedent that the fedguv may require all americans to buy one box of kellogg’s corn flakes a week?


17 posted on 04/17/2010 12:31:43 AM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: legalwatch

Once a worthless sack of Siberian snake snot, always a worthless sack of Siberian snake snot.
RINOS are like lips on a chicken and teats on a bull...worthless.
Hey EX-Senator Frist....quit being abiguous and change your party affiliation to Progressive er, uh, Democrat.


18 posted on 04/17/2010 12:37:18 AM PDT by cashless (Unlike Obama and his supporters, I'd rather be a TEA BAGGER than a TEA BAGGEE.)
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To: legalwatch

After we take the trash out in November... We must make certain that none of it gets “recycled.”

Frist is another perfect example of corruption.


19 posted on 04/17/2010 12:38:00 AM PDT by TCH (DON'T BE AN "O-HOLE"! ... DEMAND YOUR STATE ENACT ITS SOVEREIGNTY !)
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To: legalwatch

Filed under *how we got here*.


20 posted on 04/17/2010 12:40:28 AM PDT by EternalVigilance (No sane man loves war. But all decent men realize there can be no peace with tyrants or terrorists.)
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To: HiTech RedNeck

Manditory purchase of Government Motor death traps will come first.


21 posted on 04/17/2010 12:41:45 AM PDT by gov_bean_ counter (Obie Wan Nairobi from the 1/2 dark side. The farce strong with this one, it is...)
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To: legalwatch

need to jettison this former senator and doctor out with all the other garbage coming from DC and the democratic state governors. another piece of trash. he wants some exposure, get his name up in lights, so he will say just about anything to have the spotlight on himself


22 posted on 04/17/2010 12:49:23 AM PDT by hondact200 ( Lincoln Freed the Enslaved. Obama Enslaves the Free. Obama is Americas Greatest Threat)
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Comment #23 Removed by Moderator

To: Prospero

**If not, it’s probably time for a Constitutional Convention.**

No way will I ever support a Constitutional Convention, unless...We the People chose the Delegates, and due to Conflict of Interest, NO SITTING politician can sit in the Convention. This Congress can not be trusted with such responsibility.

The Constitutional Convention once seated, determines its OWN Rules and agenda. NO WAY would I trust ANY of this bunch to get within 10 miles of the Constitution.


24 posted on 04/17/2010 1:04:16 AM PDT by gwilhelm56 (Obama ... Mein Kampf is NOT a Textbook!!)
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To: legalwatch
I don't think Tennessee has produced a good GOP senator in my 52 years on earth. Baker started out good ended up establishment Beltway. Fred Thompson started out real strong and appeared to go into a nonfunctional Coma his first full term and ended up being John McCain's place holder in the 2008 race. Alexander? What can I say 100% Bush anointed certified RINO. He should have not made it past the primaries based on previous record. But the Bush White House hand picked him. Corker? He's a DEM, He's a RINO, He's a DEM, He's a RINO oops he voted GOP once repeat process.

The Frist legacy? Take a health care plan for replacing Medicaid dreamed up by a DEM governor, Gore, and Hillary and sell the exact same program to PARTYBOT Kool Aide drinking Republicans as Medicare reform and man did they drink it by the pitchers full. His legacy? Proving he too could be as bad at the job of Senate Majority Leader as Trent Lott. Not a one of the names mentioned above would I ever consider giving a vote too for any office.

25 posted on 04/17/2010 1:22:37 AM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: JerseyHighlander

Kissing O’s a$$ in the hopes of an exemption to the ban on doctor owned hospitals?

Kissing O’s a$$ in exchange for some stim dollars for currently doctor owned hospitals?


26 posted on 04/17/2010 1:51:39 AM PDT by Carley (I'll keep clinging to the constitution, my guns and my religion, thank you.)
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To: cva66snipe

Seems Frist was absent when TennCare FAILED.


27 posted on 04/17/2010 1:53:31 AM PDT by Carley (I'll keep clinging to the constitution, my guns and my religion, thank you.)
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To: Carley

Frist and Freddie kept making sure it stayed alive by securing federal funding for it. As close as Tenncare got to getting shut down was by Bredesen. I don’t like Bredesen but he did stop a majority of the nonsense that was going on and Taxquist let slide. I’d rather see it go back to Medicaid and Medicaids origional intent only though.


28 posted on 04/17/2010 2:07:12 AM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: legalwatch

It wasn’t long ago that everyone on FR worshiped Frist and wouldn’t allow one word against his position on issues.


29 posted on 04/17/2010 2:19:49 AM PDT by donna (Sarah Palin: "I support his [McCain] position on immigration.")
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To: HiTech RedNeck
The legal argument that will prevail in my opinion is this. Everyone gets sick at sometime or another and will need to use the health care system. If the individual or the states cannot pay for that health care then it is up to the federal government to pick up that tab through medicare or other means. Therefore the US Congress can enact health care legislation because health care meets the definition of interstate commerce and the Congress can regulate by imposing a tax on those who don't choose to participate by buying health insurance. Additionally, it is within the regulatory power of the congress to establish a government option to health care in order to provide for the general welfare of the citizens under Article II Section 8 of the constitution.
30 posted on 04/17/2010 2:28:35 AM PDT by montanajoe
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To: legalwatch

He’s probably right. I don’t see this getting overturned in the court although parts of it may, such as the requirement to purchase insurance.


31 posted on 04/17/2010 2:41:54 AM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: unspun

You got that right. I just made a contribution to JD. I just can’t stand these RINO’s. They have no backbone.


32 posted on 04/17/2010 2:44:20 AM PDT by AdaGray
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To: montanajoe

“Therefore the US Congress can enact health care legislation because health care meets the definition of interstate commerce and the Congress can regulate by imposing a tax on those who don’t choose to participate by buying health insurance. Additionally, it is within the regulatory power of the congress to establish a government option to health care in order to provide for the general welfare of the citizens under Article II Section 8 of the constitution.”

If your assumption is correct, then the Supreme Court isn’t worth diddly squat and our Constitution isn’t worth the paper it wss written on in the eyes of the Supremes. Our constitutional gov’t is no more. Therefore, revolution may be in order, as we no longer will have a workable Constitution to defend.


33 posted on 04/17/2010 2:44:33 AM PDT by flaglady47 (We will have our revenge one day, sooner than later.....)
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To: flaglady47
I don't buy the revolution talk and I cant take anyone who claims to be an American conservative seriously who proposes revolution. The way Americans change things is through the ballot box not by revolution. Winning elections by winning the battle of ideas is the way change happens in America. Win elections and change the direction of the country through legislation that is the American way.
34 posted on 04/17/2010 3:01:01 AM PDT by montanajoe
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To: montanajoe

“Winning elections by winning the battle of ideas is the way change happens in America. Win elections and change the direction of the country through legislation that is the American way.”

You must have forgotten about 1776. The American Revolution did happen in our country, didn’t it?


35 posted on 04/17/2010 3:42:52 AM PDT by flaglady47 (We will have our revenge one day, sooner than later.....)
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To: unspun

You mean Frist—family founders(hospital barrons) of the HCA Corp? I’ll bet you there were plenty of backroom deals made with the big O there.


36 posted on 04/17/2010 3:44:48 AM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: legalwatch

He even wrote an editorial for US News & World Report supposedly in support of the law too. Never would have known it except for this article, as USNWR is another rag I don’t tend to read anymore.


37 posted on 04/17/2010 4:09:55 AM PDT by PghBaldy (Like the Ft Hood Killer, James Earl Ray was just stressed when he killed MLK Jr.)
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To: montanajoe

Do you have any idea what you are talking about?

Be specific. I.E. the word “regulate”.


38 posted on 04/17/2010 5:02:54 AM PDT by crz
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To: flaglady47

The word welfare means “well being” in that phrase. And general well being is the precurser to the enumerated powers.

The word “regulate” means to “make regular.”

So in other words..they may not pass a bill that forces an individual to purchase a good to support another.


39 posted on 04/17/2010 5:06:57 AM PDT by crz
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To: crz

“Do you have any idea what you are talking about?”

Yap I do...

Just pointing out how I think the USSC will look at this. Not going on my personal view of how they should rule but rather how they are likely to rule based on past precedent and the current makeup of the court.


40 posted on 04/17/2010 5:14:54 AM PDT by montanajoe
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To: EternalVigilance

Exactly! RINO’s make me even more mad than the commies.


41 posted on 04/17/2010 5:18:18 AM PDT by GlockThe Vote
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To: legalwatch

.......The plaintiffs — state attorneys general and two governors — claim that the insurance mandate violates the Commerce Clause of the U.S. Constitution, which gives Congress the authority to “regulate commerce with foreign nations, and among the several states, and with the Indian tribes.......

In typical kneejerk fashion, FReepers yell RINO and give no further thought to what was actually said. They disregard all of the conservative credentialed disclaimer statements included.

The reason given for the likely failure to repeal is the commerce clause. It seems to be not only reasonable view but actually likely. If the only specific reasons given for repeal are related to interstate commerce, I think repeal is likely.

There are several others questioned and those are likely to cause the offensive law to be repealed in total. The ruling will note that if the commerce clause is to have effect, a law must allow insurers to truly engage in interstate commerce and sell across state lines


42 posted on 04/17/2010 5:18:35 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: montanajoe

You have become sheeple

You have already lost


43 posted on 04/17/2010 5:22:28 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: montanajoe

OK..then it’ll be 5to4 to overturn and rule unconstitutional.

If they dont. Then it brings the question of secession. States will NOT allow this to stand.

The precedents I suspect you would provide wont hold here.

Explain where in the constitution it demands an individual must purchase a good?


44 posted on 04/17/2010 5:28:17 AM PDT by crz
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To: bert

“The ruling will note that if the commerce clause is to have effect, a law must allow insurers to truly engage in interstate commerce and sell across state lines”

YES!! A person who gets it!

To MAKE REGULAR! The word “regulate” in the time of the writing of the constitution meant to make regular. It now has been bastardized to add the meaning to “control by government.”


45 posted on 04/17/2010 5:31:51 AM PDT by crz
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To: legalwatch

Gosh, Frist began as a heart surgeon. Then he became a Senator. And now he has become a lawyer. A slippery slope, all the way down.


46 posted on 04/17/2010 5:35:41 AM PDT by Malesherbes (Sauve qui peut)
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To: crz
The legal argument they are likely to prevail with is this. The law does not say you must purchase anything. What the law does say is if you DONT purchase health insurance you are subject to an additional tax.

They will argue, successfully in my view, that everyone is free to decide if they want to purchase health insurance or pay the tax... Also I would not be so sure it will be a 5-4 decision....

47 posted on 04/17/2010 5:39:16 AM PDT by montanajoe
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To: legalwatch

I guess Dr. Frist forgot his old slogan that “Frist will put YOU First.” TN strikes out again!


48 posted on 04/17/2010 5:48:36 AM PDT by Theodore R.
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To: montanajoe

So we agree. Then it will be more than 5 to 4 to overturn the bill.


49 posted on 04/17/2010 5:49:12 AM PDT by crz
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To: legalwatch

The list of TN disappointments is long: Gore, Sr., Gore, Jr., Brock, Baker, Kefauver, Ellington, Sasser; even Frist and Alexander were not that good. And Fred Thompson left early.


50 posted on 04/17/2010 5:50:34 AM PDT by Theodore R.
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