Posted on 02/02/2011 12:21:24 AM PST by Libloather
Officials won’t implement health care law
By JANET ZINK - Herald/Times Tallahassee Bureau
Updated: Wednesday, Feb. 02, 2011
TALLAHASSEE -- Reverberations of a Florida judge’s ruling that the federal health care law is unconstitutional are spreading throughout the country, with supporters and opponents of the overhaul using the decision to draw their lines in the sand.
In Washington, Republican senators called the ruling a “second stake in ObamaCare” and immediately introduced repeal legislation with plans for a Wednesday vote. Nationwide, attorneys general, governors and consumer groups debated the impact of the ruling on changes that have already taken place and those in the works.
Florida officials made their direction clear: We will not move forward to implement this law.
Insurance Commissioner Kevin McCarty on Tuesday gave back a $1 million federal grant awarded to the state to assist with reforms. The money would have paid for a system to provide information to consumers on the rates of large-group insurers.
And Florida Gov. Rick Scott said the state will wait until the U.S. Supreme Court weighs in on the case before it plans for pieces of the legislation that haven’t gone into effect.
“We are not going to spend a lot of time and money with regard to trying to get ready to implement it,” he said.
In the Florida-led lawsuit representing 26 states, U.S. District Judge Roger Vinson ruled Monday that the law’s provision requiring people to buy health insurance or face a tax penalty is unconstitutional. He ruled the so-called “individual mandate” unconstitutional, and had to strike the law down entirely.
Vinson declined to issue an injunction against the federal law, but said he believed the federal government would treat his ruling as one.
That’s how Florida Attorney General Pam Bondi sees it.
“What he’s saying is, they need to follow the law. This is the law as he’s ruled. They need to do the right thing,” she said in a news conference shortly after the ruling was released.
In Wisconsin, Attorney General J.B. Van Hollen agreed: “For Wisconsin, the federal health care law is dead -- unless and until it is revived by an appellate court. Effectively, Wisconsin was relieved of any obligations or duties that were created under terms of the federal health care law. What that means in a practical sense is a discussion I’ll have in confidence with Gov. (Scott) Walker, as the state’s counsel.”
But at least one insurance industry group plans to continue abiding by the new federal rules.
“Health plans will, of course, continue to meet their obligation to implement the new law on behalf of the more than 200 million people we serve,” said Robert Zirkelbach, spokesman for the Washington, D.C.-based America’s Health Insurance Plans, which represents nearly 1,300 health plans.
That includes covering pre-existing conditions and allowing children as old as 26 to remain on their parents’ policies.
Still, Zirkelbach emphasized that throughout the health care debate, the insurance industry has argued that the individual mandate was critical to making sure health care companies could cover the costs of providing services to people regardless of pre-existing conditions and other risk factors.
“States that have implemented these laws without covering everyone have seen a rise in insurance premiums, a reduction of individual insurance enrollment and no significant decrease in the number of uninsured,” he said.
Another push for repeal
In the nation’s capital, Senate Republicans on Tuesday seized on attention given to the Florida ruling to push their effort to repeal the law.
GOP leader Mitch McConnell offered a repeal amendment to an aviation bill and encouraged Democrats to come on board.
“What we have today is an opportunity ... to take another path,” McConnell said.
The Republican-led House has already passed the repeal.
As the debate heated up, phones started ringing in Democratic offices across Capitol Hill, including Florida Sen. Bill Nelson’s, with callers urging support of the repeal.
The effort was organized by FreedomWorks, a Republican group that provided organizational support to the Tea Party. Nelson has said provisions can be tweaked but does not favor wholesale repeal.
One certain change: Eliminating a requirement that businesses file a tax form for purchases of goods or services of more than $600. Both parties agree it is onerous.
But Democrats were refusing to budge on bigger changes, noting that Republicans have not offered specific replacements.
Vitriol for Scott’s stance
Gov. Scott promised that if the country’s high court ultimately backs the overhaul, Florida will have plenty of time to prepare.
“The state won’t be caught flat-footed,” he said. “We’ll be ready.”
The stance taken by Scott, who before he ran for governor founded the nonprofit Conservatives for Patients’ Rights to fight the legislation, prompted vitriol.
“I fear that what began as his own personal vendetta against the president’s health care initiative has morphed into a personal war using the governor’s office as his launching pad,” said Florida Sen. Nan Rich, D-Weston.
Ethan Rome, executive director of Health Care for America Now, said Scott’s position was to be expected, given he is the former CEO of the Columbia/HCA hospital chain.
“It doesn’t surprise me that Gov. Scott would take the side of the insurance industry and say, ‘I want them to make more profits and make more money and that’s more important to me than protecting the citizens of my state from the abuses of the insurance industry,’ ” Rome said.
He noted that Vinson is “one of four judges of equal rank” that ruled on the law, and two of the judges upheld it.
“States need to move forward with implementation of the law in a responsible and quick way and do right by the people in their states,” Rome said. “This decision doesn’t change that one bit.”
And that's called contempt of court.
Florida is kicking ass! Scott is going to make a lot of waves. heh...heh...heh.
“And that’s called contempt of court.”
Yes, it is. And may all who don’t comply come under the full weight of the law.
BTW, Ron Wyden has urged OR to opt out, and WA State was a party to this particular suit in FL.
Pigs are flying all over the place!
> And that’s called contempt of court.
Rush was all over this today:
http://www.rushlimbaugh.com/home/daily/site_020111/content/01125106.guest.html
“Any one of the states involved in a litigation, any one of those 26 states has standing to go back to the court and ask the court to enforce its decision and to ask the court to hold the administration in contempt should it continue to defy the court’s order. That is the legal option that any of the states, any of those attorney generals have in those 26 states. In fact, if I were an AG for a state, if I were an attorney general, I would take that news article with that quote, this is ABC: “Noting that the judge did not order the government to stop implementing the law, a senior administration source said ‘implementation will proceed at pace.’” I would take that ABC story and this passage and go back to court today with a draft contempt order, and I would ask the court to hold an immediate hearing to determine whether the Obama administration is going to comply with the rule or not.”
Until the ruling is over turned the law, being declare void does not exist, it is no law, including student loan provisions and taxes etc.
The States moving forward with it is illegal. the statement by Rome is indeed contempt of court and any action by the administration could be a impeachable offense, on the grounds of sedition.
Until the ruling is over turned the law, being declare void does not exist, it is no law, including student loan provisions and taxes etc.
The States moving forward with it is illegal. the statement by Rome is indeed contempt of court and any action by the administration could be a impeachable offense, on the grounds of sedition.
The big health insurance companies have backed Obamacare under the radar. Scott battled them as a big provider. Big insurance was in bed with Obama at the same time he was trashing them. They want the mandate and the guaranteed 20% profit. Stupid Liberal Democrats have been hoaxed again by their Dear Leader.
Only if any Republicans are smart enough to do it.
Will the insurance premiums which have increased due to Obamacare be reduced after this ruling? I doubt it.
No they won’t. These companies are thick as thieves with the big Democrat Regulatory agencies. It is sickening. The providers are the ones they squeeze. The Big Insurance loves Obamacare. It amazes me when stupid Liberals think they are getting even with the evil insurance companies.
Obama has and continues to act as if our laws do not apply to him and his minions. We either have the rule of law or we don't. If the answer is the latter, then we effectively have NO law. That means there are no checks on power and any kind of evil is afoot in the land. We have become another Zimbabwe with Obama in charge.
If Obama reacts with contempt of court, something I firmly believe is part of his DNA, then we have a Constitutional crisis. He must be impeached or compelled to resign.
You betcha! That is what we sent him to Tallahassee to do! Way to go, Florida and Wisconsin!
The States are where the action is going to be. Washington is mired in MSM muck and propaganda. States are asserting their power.
Obama will react with contempt. He is a commie and will act like one.
“One of the 26 AG’s with standing must file a petition for the court to enforce its decision and to ask the court to hold” the administration in contempt should it continue to defy the court’s order.”
That will probably be necessary, but it is a testimony to the lawlessness of DC.
The decision of the court is complete, as Mark Levin has pointed out, they are in contempt of court, such a charge is properly not necessary. What they are doing is illegal.
This was true when the courts ruled that that their banning of drilling for oil in the Gulf was illegal, they ignored it any way. The congress needs to stand up for the rule of law or congress might as well go home.
Barry would look good in an orange jumpsuit with “Federal Prisoner” stenciled on the back as he and Moochelle were shipped off to the South Pole station for the duration.
The huge health insurance managed care companies need to be cut down to size. No one is allowed to compete with them. They are in bed with Obama and the big agencies in Washington. Healthy people can not get better rates. Managed care is a big problem.
Great post and thread. Thanks to all posters.
Life, liberty and the pursuit and destruction of totalitarians.
Wisconsin ping
>>“Health plans will, of course, continue to meet their obligation to implement the new law on behalf of the more than 200 million people we serve,” said Robert Zirkelbach, spokesman for the Washington, D.C.-based America’s Health Insurance Plans, which represents nearly 1,300 health plans.<<
I ask, reask and will continue to ask until I get an answer: Why is DeathCare needed,when HIPAA covers portability and CHIP-RA already covers “kids” up to age 30?
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