Posted on 04/01/2012 10:24:34 AM PDT by Clintonfatigued
Is that like a ‘White Latina’ in Liberal speak?...
The crux of his response seems to be that an alternative to Obamacare would be to charge people a $695 penalty only when they show up to an emergency room without insurance. He’s saying this would be okay, because it’s not charging people a penalty for doing nothing, just sitting at home, but conditioned on them going to an emergency room, so it would be just like any other sales tax, toll, fee, etc.
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Tuesday.pdf
JUSTICE SOTOMAYOR: Do you think that there’s — what percentage of the American people who took their son or daughter to an emergency room and that child was turned away because the parent didn’t have insurance — do you think there’s a large percentage of the American population who would stand for the death of that child -
MR. CARVIN: One of the most -
JUSTICE SOTOMAYOR: — if they had an allergic reaction and a simple shot would have saved the child?
MR. CARVIN: One of the more pernicious, misleading impressions that the government has made is that we are somehow advocating that people could get thrown out of emergency rooms, or that this alternative that they’ve hypothesized is going to be enforced by throwing people out of emergency rooms. This alternative, i.e., you condition access to health care on buying health insurance, is enforced in precisely the same way that the Act does. You either buy health insurance or you pay a penalty of $695. You don’t have doctors throwing people out on the street. And — and so the only -
JUSTICE SOTOMAYOR: I’m sorry. Did you say the penalty’s okay but not the mandate? I’m sorry. Maybe I’ve misheard you.
MR. CARVIN: No, no, no. I was — they create this strawman that says: Look, the only alternative to doing it the way we’ve done it, if we condition access to health care on buying health insurance, the only way you can enforce that is making sick people not get care. I’m saying no, no. There’s a perfectly legitimate way they could enforce their alternative, i.e., requiring you to buy health insurance when you access health care, which is the same penalty structure that’s in the Act.
There is no moral dilemma between having people have insurance and denying them emergency service. Congress has made a perfectly legitimate value judgment that they want to make sure that people get emergency care. Since the founding, whenever Congress has imposed that public responsibility on private actors, it has subsidized it from the Federal Treasury. It has not conscripted a subset of the citizenry and made them subsidize the actors who are being hurt, which is what they’re doing here.
They’re making young, healthy people subsidize insurance premiums for the cost that the nondiscrimination provisions have put on insurance premiums and insurance companies.
JUSTICE SOTOMAYOR: So the -
MR. CARVIN: And that is the fundamental problem here.
JUSTICE SOTOMAYOR: So the — I — I want to understand the choices you’re saying Congress has. Congress can tax everybody and set up a public health care system.
MR. CARVIN: Yes.
JUSTICE SOTOMAYOR: That would be okay?
MR. CARVIN: Yes. Tax power is -JUSTICE
SOTOMAYOR: Okay.
MR. CARVIN: I would accept that.
The people lack the knowledge to save themselves.
I hope the MSM pays for their part in all this. The Media are rotten to the core.
All of the wrong political persuasion.
There will be enough support you vote won’t matter so you have my permission to sit out, but do consider your local candidates may need some support.
Liberals don’t have brains. They have a plan and they have to follow it step by step.
If soto had spent less time rabblerousing for LaRaza and more time reading case law, she’d know the law that requires ER treatment is approaching 30 years old.
As an activist for LaRaza, she should be completely aware that no hispanic, especially, has ever been turned away from a maternity ward, or an emergency room.
As a California resident, she should also be completely aware of the cost to the hospitals and State, and the number of hospitals that have gone bankrupt, from those who are too lazy to look up a doctor in the phone book and make an appointment, and instead choose to use the emergency rooms as their personal “free” day-clinic for the smallest of complaints.
‘..Typical Liberal tactic: come up with some BS strawman scenario, that convince the weak minded that it can only be avoided in the future by shredding the Constitution....’
Exactly. I continue to be puzzled by why....WHY..do we not hear Republicans speaking out LOUDLY and clearly about things like this to expose the blatant bias.
The self-named Wise Latina... and we are stuck with her for the rest of her natural life. Ugh.....
Right there is your UNCONSTITUTIONAL law that should be challenged in the SCOTUS. That "law" is tantamount to forced slavery ... PERIOD!
If the doctors and/or hospital want to treat these people out of the kindness of their hearts or make that a policy of the hospital, then no problem. But forced "charity" work is slavery unless it is community service that you agree to after being convicted of a crime.
She wasn’t appointed on the merits of her intelligence. Rather, the lack of it and her ignorant following of Buttcrack.
I guess to paraphrase the late Roman Hruska, R-NE: “Even the ignorant need a little representation too.”
I'm not a lawyer, and I would make a better SC justice than her. How do I know that? I at least have a measure of common sense and respect for the constitution.
I wish her a long and happy life, but I read somewhere that she is a type I insulin-dependent diabetic. I would expect, statistically-speaking, that that condition will limit her term of destructiveness, to some degree.
only conservatives are expected to “rise above politics”
It sounds like Carvin just gave the Wise Latina a partial basis for her decision to support the law, which is what she was looking for with that question.
There are situations where, if the ED physician is part of a private group, contracted with the hospital to provide ED services, he will not be paid. The hospital won't pay his lost professional fee; the patient won't or cannot pay it, and the pt is not eligible for state aid.
The MD takes the loss. He/she cannot write if off on his taxes; he cannot 1099 the patient.
BUT, you can be your last dollar that said patient will sue that doctor if a mistake is made. That pt never paid anyone a dime, but is allowed to sue.
This Thing and the Thing that failed to recuse Itself will be President POS’s legacy. The revulsion toward him and his appointees is wide and deep and it will manifest itself overwhelmingly on November 6, 2012
Shocking ignorance?
Hardly.
The LEAST informed citizens in the USA concerning government aid programs are the people who NEVER use them.
And that includes Conservatives!
Want to talk to an expert on Food Stamps, AFDC, Medicaid, Emergency Rooms, Rent Assistance?
You won’t find one at a newspaper or anchoring a news broadcast.
Affluent, well educated Leftists become apoplectic when you start explaining to them that no one is hungry in America, that homeless women and children INSTANTLY qualify for emergency housing, that no one requiring emergency medical aid is EVER turned away.
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