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The report begins: "As the Obama administration presses ahead with the health care law, officials are bracing for the possibility that a federal judge in Virginia will soon reject its central provision as unconstitutional and, in the worst case for the White House, halt its enforcement until higher courts can rule."

President Barack Obama, Vice President Joe Biden and White House staff react as the final healthcare votes are counted, 03/21/10. (photo: Pete Souza/The White House)
President Barack Obama, Vice President Joe Biden and White House staff react as the final healthcare votes are counted, 03/21/10. (photo: Pete Souza/The White House)

Administration Is Bracing for Court Setbacks to Health Law

By Kevin Sack and Robert Pear, The New York Times

26 November 10

As the Obama administration presses ahead with the health care law, officials are bracing for the possibility that a federal judge in Virginia will soon reject its central provision as unconstitutional and, in the worst case for the White House, halt its enforcement until higher courts can rule.

The judge, Henry E. Hudson of Federal District Court in Richmond, has promised to rule by the end of the year on the constitutionality of the law's requirement that most Americans obtain insurance, which takes effect in 2014.

Although administration officials remain confident that it is constitutionally valid to compel people to obtain health insurance, they also acknowledge that Judge Hudson's preliminary opinions and comments could presage the first ruling against the law.

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+18 # Charles3000 2010-11-27 01:14
The Congress fouled up with the law compelling people to buy insurance from private companies. The correct approach is obvious; give everone health care and tax everyone to pay for it.
 
 
+4 # bella6626 2010-11-27 10:00
That is the logical conclusion. The problem is, the backwoods, bible thumping, hypocrites who think healthcare should be elective. They are the ones who dismantled the public option. Had it been included, we would not be arguing this point. Some Christians, eh?
 
 
+11 # genierae 2010-11-27 06:21
With the passage of this transformationa l healthcare legislation, we have started the long journey to universal healthcare. We are in for a bumpy transition, because of Republican obstruction, but eventually we will extend coverage to all Americans. In this country, nothing that was beneficial to the common good, has ever come easily. The rich elites, read Republicans, can't bear for us to prosper, they want to keep all the good things for themselves.
 
 
-1 # Gary1 2010-11-29 12:02
Genie - That is a pretty wide brush you are painting with! I know many, many people who would align themselves more closely with the Republican party than as a Democrat. However, I can think of nary a one who would be considered either rich or elitist. Although most of them would love to see some sort of health care plan for all, they were not satisfied with this particular 11,000 page bill and the bureaucracy and system that will need to be set up to manage and pay for it. They were most certainly not happy with the government telling them that they were "required" to buy health insurance and what will be included in that insurance. These are hard working people that can make their own decisions about these personal issues.
 
 
+6 # bobpomeroy 2010-11-27 06:35
Amen Charles. Without a public option it's a welfare bill for inscos.
 
 
+4 # AML 2010-11-27 06:38
Yes, they missed the barn here, caving to insurance companies. The penalty for not getting health insurance is the withholding of a tax break, in effect a subsidy for the cost.

Single payer would have solved all that, but somewhere between the campaign for Senator and the campaign for President, Obama gave up on the fight. Looking back, it should have been a red flag.
In a town hall about a year ago, someone asked how we COULD insure everyone, and he did reply that the only way to do that would be single payer.
But yes, he should capitalize on the polls and use the bully pulpit. Too late now.
 
 
-2 # JL Stiles 2010-11-27 06:47
Obama healthcare is really a cartelization of private insurance. They will make record profits for a long time to come and all attempts to have a public option to control their fees will be put off for a very long time. The insurance industry will be in all of our pockets and then they will fight in court to raise their fees on their captive clients.

Obama is a disgusting tool and a disgrace who is only better than W on issues of lesser to no import, issues which he uses to pacify the left. On anything substantial he is thoroughly corporate.
 
 
+3 # Skyred 2010-11-27 06:53
I'm thinking that maybe the administration had this in mind Chrles3000! The correct approach is to give all Americans healthcare. Then there will really be turkey on the faces of the GOP!
 
 
+2 # LeeMG 2010-11-27 07:04
Forcing people to buy from a private, profit making insurance company,forces faith heal believers to support a government established religion of western science.
It is unfair restraint of trade against holistic pratititioners who fail to qualify as part of the government established pool.
 
 
+3 # julia celebiler 2010-11-27 07:26
The reporters, Keven Sack and Robert Pear, did not ask the judge if he preferred that non-insured sick or injured people be left to die at the entrances to hospitals or if he believed some solution other than obligatory insurance were possible, such as universal coverage paid for by taxes. It makes a difference.
 
 
+1 # Gary1 2010-11-29 12:09
It would be irresponsible of the Judge and against his oath of office to include his personal opinions in his ruling. It is his responsibility to determine whether or not this part of the law complies with the US Constitution and existing case law.

It is up to the US Congress to answer the questions you raised and create a law that addresses them within Constitutional limits.
 
 
+7 # Christopher Marlowe 2010-11-27 07:43
Who didn't see this coming? Instead of giving Americans the single-payer system they wanted, Obama and the Congress gave them the plan that the....insurance companies wanted...Just like the drug plan the insurance companies wanted.

Expanding medicare would make much more sense and would save more money. But unfortunately, that also makes too much sense. Instead we will continue to fund ILLEGAL WARS, and bail out CRIMINAL BANKS, and do everything that israel wants.
 
 
-5 # aes 2010-11-27 08:41
I am really getting tired of the talk about all the rich Republicans and how they have so much and want to roll over the poor middle class. Excuse me, has the subject of rich Democrates ever come up. Just look at how many Senators are VERY rich. Nobody talkes about that. And let us not foreget that RICH Democrates also own businesses and how many also are lawyers.

Lets get real and put the blame where the blame needs to be put!
 
 
+1 # constance kosuda 2010-11-27 09:42
you are correct - Repugs v Dems is almost an obsolete distinction -
it's really who cares if any but the super-rich drop dead in the streets - what ever party that would be.
the compassion-free elitists vs. the ones who care about human beings (AFTER they are born).
 
 
+1 # brianf 2010-11-28 09:04
You miss the point. It's not that all super-rich people want to roll over the middle class. But those who do are pretty much all Republican. That is what the party itself stands for, if you look at their actions and not fall for their words. It's as simple as that, and if you can't see that, you are falling for the propaganda. Pay a little more attention to the bills and policies the Republicans fight for and against. That will tell you the real truth.
 
 
+1 # Gary1 2010-11-29 12:23
aes - Thank you. Many on here only want to have a forum to beat up the "rich, elitist Republicans", no matter the subject matter. I know many Republicans, but very few rich or elitist ones. They are hard working educated and proud people that take care of themselves, their families friends and strangers. They don't expect or want the government to take care of them. They don't tell other people how to live their lives and only ask the same in return. They don't spend more than they earn and expect the government to do the same. If they want for something extra, then they work extra to earn it.

As for me, I am glad that there are rich Republicans AND rich Democrats that have taken personal risks in the past that allowed them to grow business' that allow my friends, family and myself to be employed with a regular income.
 
 
+5 # Realist 2010-11-27 11:10
Christopher Marlowe says "Expanding medicare would make much more sense and would save more money. But unfortunately, that also makes too much sense. Instead we will continue to fund ILLEGAL WARS, and bail out CRIMINAL BANKS, and do everything that israel wants." Just how did Israel get involved with the health care process?
 

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