Posted on 10/14/2013 10:30:10 AM PDT by Sybeck1
As I mentioned yesterday, the medical device tax that went into effect last January is just one of the many insidious job-killing measures contained within ObamaCare, but it is an especially terrible one. The 2.3 percent excise tax is meant to raise a handsome $30 billion to pay for ObamaCare over the next decade, except that, added bonus: It’s going to stifle innovation and competition in an industry that provides all manner of life-saving medical devices, from MRIs to pacemakers to blood tubes.
And this hasn’t just been a Republican refrain, by the way. Thursday night, the Senate voted overwhelmingly to repeal the medical device tax, with more than 30 Democrats joining in:
The vote was largely symbolic, but the 79-20 tally signals strong opposition to the 2.3% tax on device sales that went into effect Jan. 1. Even though the levy is meant to help foot the bill for the signature legislative achievement of President Barack Obama‘s first term, 33 Democrats as well as independent Sen. Angus King of Maine joined Republican senators in voting to repeal the tax.
The vote came as an amendment to the Senate Democrats’ fiscal year 2014 budget, a partisan tax-and-spending blueprint that stands no chance of passing the GOP-controlled House. Still, the solid bipartisan support shows growing momentum for repealing the tax, which lawmakers have argued hurts U.S. competitiveness and costs highly paid jobs.
Sen. Orrin Hatch (R., Utah) introduced the measure earlier Thursday with the support of nine Democrats, including Sen. Elizabeth Warren of Massachusetts and Sen. Sheldon Whitehouse of Rhode Island. I do wonder that some of these Democrats couldn’t summon these same scruples with the health care overhaul when they were falling over themselves to pass the dang thing in 2010, though. Such a shame.
The vote may have been a symbolic one, but nevertheless, this has got to be kind of uncomfortable for the White House: Congress finally managed to find some bipartisan agreement on something, and it’s over just how stupid of a funding-mechanism idea this medical device tax was to begin with.
From March, McConnell is agreeing to give the Dems just what they want.
This tax is a killer. A buddy of mine invented a small little coated wire tester used in the motherboard construction. It works on many devices but the medical industry accounted for almost 60% of his sales. Since January, he has sold 1-100th of what he needs to sell to keep the doors open. It is because of this tax.
The White House is probably steaming mad that their will was undone.
Lucy is teeing up the football for Charlie.
This tax is bad but the problem for the medical device industry is much much bigger. It take an average of 13 years to take a new device through the FDA process. Investors want a return after 10.
A big chunk of the industry has already moved off shore. The rest will be there soon.
They agree not to f/u on a bad act. Let’s apply this rationale to all of Obamacare, instead of Mt. Tortoise, Weepy and Four-eyes concluding,
“Well, our valued colleagues across the aisle are willing to be reasonable, harrumph, harrumph—we recommend bending over ...”.
The medical device tax is exactly what Peter King (RINO-NY) wanted to negotiate on. Not defunding Obamacare. Just negotiate the medical device tax.
It turns out that the democrats don’t want it either. The fact is, the democrats have been admitting that the medical device tax was a mistake almost immediately after Obamacare was rammed down our throats.
Peter King was willing to settle for a compromise on something that even the democrats didn’t want...and then call that a good day’s work.
I am furious over what Peter King expects conservatives to accept as a tough fight and a reasonable compromise...essentially Peter King expects us to accept capitulation disguised as a victory.
Who is “Mt. Tortoise”?
Medical device tax?? Don’t stop there!The Truth About the Health Care Bills [A Constitutional lawyer has read the entire bill]
Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009.
I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.
To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.
The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.
However, as scary as all of that is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated. If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.
The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.
The irony is that the Congress doesn’t have any authority to legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.
This legislation also provides for access, by the appointees of the Obama administration, in direct violation of the specific provisions of the 4th Amendment to the Constitution, of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.
If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However , that doesn’t work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.
So, there are three of those pesky amendments that the far left hate so much, out the original ten in the Bill of Rights, that are effectively nullified by this law. It doesn’t stop there though.
The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;
The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people. Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.
I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to “be bound by oath or affirmation to support the Constitution.” If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable.
For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us.
Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texast stop there.
‘Sing Along With Mitch’ McConnell.
Perhaps, but where ever they go, they will still need these test parts and as it stands right now, nobody is making products. You and I and aunt Elsie who needs a pacemaker or some other device between now and after they get this issue settled are the ones who’ll suffer. My buddy ships worldwide. This just isn’t a USA problem.
That repeal has been bought and paid for by the medical device manufacturers. They give their contributions and the Senators vote. I think all politicians should wear sponsor patches like NASCAR drivers. That way you know who they are really working for.
Important—but a side issue. Former Boehner staffers are lobbyists for the industry. This is a strategy to drive a wedge into the Republican House. RATS give up a little revenue—GOP gives up the country.
I’m glad the manufactures are holding Congress’ feet to the fire. WTF is wrong with that? You sound like a liberal.
Pretzel logic.
After taking away his dinner, Reid throws McConnell a bone.
Will McConnell slobber all over it???
No, it’s pretty straight forward. Take a dime, give me a million.
Why would the Republicans even consider changing this law? This is insane. I heard last week that congress has passed 19 different laws to the ACA. Why? Let this bill stand on its on! The more you tweak it the more it becomes a massive unfunded liability. This law is now over 20K pages and a complete mess. The only deal the Republicans should make on this law is repeal!.
Ah! I thought Mitch was Four-eyes. So, who is Four-eyes?
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