Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Candor7
Interestingly, the U.S. Supreme Court ruled in United States v. South-Eastern Underwriters Association (1944) that insurance does not constitute "commerce" under Federal law. The court ruled that since an insurance policy is a contract for the sharing of risk and not a product or service, there is no "commerce" involved. So insurance policies are governed under state contract laws, not Federal regulations of interstate commerce.

This is why insurance companies are exempt (in many instances) from many Federal laws that cover almost any other industry, including Federal anti-trust laws.

68 posted on 02/26/2016 5:09:58 PM PST by Alberta's Child (Bye bye, William Frawley!)
[ Post Reply | Private Reply | To 66 | View Replies ]


To: Alberta's Child

The decisions of the Supreme Court can be legislated out of existence.

Just an act of Congress takes care of United States v. South-Eastern Underwriters Assoc. The insurance lobby does not want that legislation, but Donald Trump will be able to have Congress enlarge it, thereby dissolving the very limits we have now in each state on the number of Insurance companies who offer policies on health care.One can then pourchase a policy out of state.

The federal government has a compelling interest on behalf of the People to make nation wide venues for health insurance, and for the national licensure of physicians so they can really practice anywhere they might like.

This solution has been pointed out for years and now it will be accomplished in spite of the Insurance Lobby.The law making it possible came into effect on January 1, 2016. You can see it here:

http://www.ncsl.org/documents/health/ppaca-consolidated.pdf#page=96


69 posted on 02/26/2016 5:25:00 PM PST by Candor7 ( Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
[ Post Reply | Private Reply | To 68 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson