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biomaven0

02/01/11 12:47 PM

#113793 RE: DewDiligence #113760

If ObamaCare is rescinded, will the federal government be ordered to issue refunds to drug and medical-device companies



Not a chance - the Congress is not going to rescind it, and if some portions are found unconstitutional, then I think severability will ensure that big chunks will remain. Worst case for the insurance industry is that compulsory insurance goes away but they still have to insure people with pre-existing conditions.

Incidentally, in the early days of this country, there was an analogous law that required all seamen to buy insurance from private companies:

http://blogs.forbes.com/rickungar/2011/01/17/congress-passes-socialized-medicine-and-mandates-health-insurance-in-1798/

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EyeamBill

02/02/11 12:38 AM

#113864 RE: DewDiligence #113760

Tyranny of Obamacare

I no longer have the "full-price" iHub service so I can't find my original post in which I declared that I thought Obamacare was unconstitutional. By original I don't mean that I was the first one who had that notion; it was just my 1st post on the subject.

It seems to me that the government requiring purchase of something is just flat-out wrong. Some argue that state governments have been doing this for years. In Missouri, for instance, every licensed driver is required to either have auto liability insurance or claim financial responsibility.

I lasted about as long in 1st year law school as it took me to write this much of this posting, and I'm a very fast typist, so I'm no expert. But in a Constitutional sense, when the document mentions that the right to anything is reserved for the people, they are speaking of any government below the federal level. So the states (a.k.a., the people) have the described right according to the US Constitution.

I didn't come close in the curriculum to studying state constitutions, but, given the passage of time I have to assume that the auto liability laws are constitutional for each state that has employed them.

Again, strictly from a layman's perspective, I think there has to be a disconnect between the US government requiring the purchase in an area in which it has no regulatory authority. Only the states regulate the insurance industry.

I'll now step off my soap box and I'll get enough rest to scoop the 1-foot plus of snow off my driveway tomorrow morning.

Bill


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AlpineBV_Miller

02/02/11 1:21 AM

#113867 RE: DewDiligence #113760

Refunds for fees...

I don't know the federal case law on this, but in WA refunds would be required. I'm guessing PPACA-related fees would have to be returned, but I'm not certain I'd invest on that basis.

Anyone else read the Florida ruling yet?