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Why the ObamaCare Tax Penalty Is Unconstitutional
J. Kenneth Blackwell and Kenneth A. Klukowski - Wall Street Journal
The
Justice Department announced last week that it would defend the new
federal health-insurance mandate as an exercise of Congress's "power to
lay and collect taxes," even though Barack Obama had insisted before the
bill's passage that it was "absolutely not a tax increase." The truth
is the mandate is not a tax--and if it were it would be unconstitutional.
A tax is when the government takes money from individuals, puts it in
the Treasury, and plans to spend it. With the health-insurance mandate,
the government is not taking money from private individuals; rather, it
is commanding them to give their money to another private entity, not to
the Treasury. If individuals don't obey the mandate, they pay a penalty
to the Treasury. But penalties aren't taxes. The mandate is legally
separate from the penalty.Missouri's Unique Challenge to Obamacare
John Gizzi - Human Events
Although
attorneys general from numerous states have sued on constitutional
grounds to overturn the Democratic healthcare bill passed by Congress in
March, the suit recently filed in Missouri against the same measure
differs dramatically. Rather than challenging the law solely on the
behest of the state, the Missouri suit represents actual people who are
going to suffer as a result of the healthcare bill. There are human
faces on this suit--the faces of people who are going to be hurt badly if
Obamacare stays on the books.A Response to Gruber on RomneyCare & Health Care Costs
Michael F. Cannon - Cato @ Liberty
I
just came across this letter to the editor of the Wall Street Journal
from MIT economist Jonathan Gruber. I don't know how to confine myself
to just one of the letter's many problems. So brace yourselves, here
comes the fisk. Joseph Rago's article on Massachusetts health-care
reform ("The Massachusetts Health-Care 'Train Wreck'," op-ed, July 7) is
exactly the type of selectively misleading use of facts upon which
opponents of health-care reform have been relying over the past year.GOP should offer workable alternative to Obamacare
Morton Kondracke - Billings Gazette
Polls
suggest that President Barack Obama's health care plan is becoming
somewhat more popular -- even as evidence mounts that it will be
astronomically expensive and may cause millions of workers to lose their
employer-provided health insurance. Meanwhile, congressional
Republicans are calling for repeal of the plan -- without any realistic
hope of doing so and without offering an alternative that would cover
anywhere near the 30 million who will get insurance under Obamacare.Liberals try to bring back public option for health care, citing potential savings
Noam N. Leavy - Washington Post
At
a time when both political parties are worrying about the federal
deficit, an unexpected and unorthodox proposal is coming back from the
shadows of last year's health-care debate the "public option." The idea
of creating a major government health insurance program was roundly
rejected last year, but the 128 House Democrats pushing to reconsider
the idea are now advancing the argument that it would help hold down
federal spending. Their bill, which faces long odds, would allow
Americans who do not get insurance at work to choose a government plan
for their health coverage starting in 2014. Obama's Electronic Health Records Czar: HIV Status and Abortions Need Not be Included
Matt Cover - CNS News
Dr.
David Blumenthal, the Obama administration's National Coordinator for
Health Information Technology, said on Tuesday that patients can choose
to omit procedures such as abortions and positive HIV tests from the
electronic health records (EHR) that every American is supposed to have
by 2014 under the terms of the economic stimulus law that President
Barack Obama signed last year. Blumenthal's office, a subdivision of the
Department of Health and Human Services, was created by the stimulus
law specifically to generate the standards and regulations that will
govern the federally mandated use of EHRs.Detroit court hears first challenge to health care reform
Ed Brayton - Michigan Messenger
The
first legal challenge to the historic health care reform bill passed
earlier this year to be heard in court is not the one filed by Michigan
Attorney General Mike Cox and more than a dozen other state AGs, it's
one filed by the Ann Arbor-based Thomas More Law Center on behalf of
several Michigan residents who object to the law. The U.S. District
Court in Detroit heard oral argument Wednesday on a motion for a
preliminary injunction to prevent that bill from taking effect while the
lawsuit is pending. The plaintiffs made their argument:HHS Announces Final Rules Supporting The Meaningful Use of Electric Health Records in CT and Across the Nation
U.
S. Department of Health and Human Services (HHS) Secretary Kathleen
Sebelius has announced final rules that set criteria for the
"meaningful use" of electronic health records (EHR) by providers and
hospitals. These criteria mark the first step toward a secure, private,
robust statewide and nationwide health information exchange designed to
improve the quality and safety of health care and reduce health care
costs.Why Liberals Haven't Learned the Lessons of Massachusetts
Avik Roy - NRO's Critical Condition
Faced
with a barrage of bad news about the health-care system in
Massachusetts, Obamacare advocates such as Jonathan Gruber, Jonathan
Cohn, Ezra Klein, and Igor Volsky have started fighting back, arguing
that things are going great in the Bay State. Cato's Michael Cannon has
done a great job of summarizing their arguments, and why they fall flat:
* The Commonwealth Fund reports that even though Massachusetts already
had the highest health insurance premiums in the nation, premiums rose
faster post-RomneyCare than anywhere else; 21-46 percent faster than the
national average.Obamacare repeal? 150 House signatures already
Bob Unruh - World Net Daily
A
plan that would enable members of the U.S. House of Representatives to
repeal Obamacare - whether health care takeover advocate House Speaker
Nancy Pelosi wants it or not - is continuing to gain momentum. In just
the last few days, another 17 names have been added to the discharge
petition sponsored by U.S. Rep. Steve King, R-Iowa. Obamacare won't deliver the goods
Michael D. Tanner - Financial Post
Does
President Obama have any idea what's in his own health-care reform law?
Since he signed the Patient Protection and Affordable Care Act a bit
more than 100 days ago, the U.S. President has given a number of
speeches and interviews in which he continues to say things that, well,
just aren't so. Just last Friday, he told MSNBC's Chuck Todd the law
"not only makes sure everybody has access to coverage but is reducing
costs." Wrong on both counts.Gold Coin Sellers Angered by New Tax Law
Rich Blake - ABC News
Those
already outraged by the president's health care legislation now have a
new bone of contention -- a scarcely noticed tack-on provision to the
law that puts gold coin buyers and sellers under closer government
scrutiny. California authorities investigating Goldline's sales
practices. The issue is rising to the fore just as gold coin dealers are
attracting attention over sales tactics. Section 9006 of the Patient
Protection and Affordable Care Act will amend the Internal Revenue Code
to expand the scope of Form 1099. Currently, 1099 forms are used to
track and report the miscellaneous income associated with services
rendered by independent contractors or self-employed individuals. SHOCKER: Hidden In Obamacare, There's A Secret Tax On Gold
Gus Lubin - Business Insider
Bad
news for goldbugs: Obamacare contains legislation that would tax coin
and bullion transactions. The tax comes in an obscure section of the tax
code that deals with purchases by self-employed people and small
businesses. These groups will have to report all outlays over $600 --
not just wage payments. This angers goldbugs who typically buy gold as a
form of wealth the government can't touch.| Latest Polling |
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Rasmussen Reports July 19, 2010 56 percent of voters favor repealing Obamacare |