Judge Brett Kavanaugh's Strange Political Prediction—And Other Recent ACA ...

By Beverly Mann

Judge Brett Kavanaugh’s Strange Political Prediction—And Other Recent ACA-Litigation Events

Well, as you all probably know by now, there have been two major developments in the courts within the last two weeks on the litigation challenging the constitutionality of the Patient Protection and Affordable Care Act (the ACA, a.k.a., “Obamacare). On November 8, a three-judge panel of the federal appeals court for Washington, D.C. issued its ruling in a case challenging the constitutionality of the so-called individual mandate requiring everyone who can afford healthcare insurance to purchase it, upon penalty of payment of a regulatory fee. That, of course, is the issue that has gotten almost all of the news media attention, thanks to loud Tea Party/Republican-pol/rightwing-talk-show-personalities cries that the mandate unconstitutionally violates individual liberty and therefore is beyond Congress’s authority under the Constitution’s Commerce Clause.

The Commerce Clause gives Congress the power to regulate interstate commerce and, under Supreme Court precedent, pretty much anything that affects interstate commerce. It is the “enumerated power” under which the ACA was enacted. As opposed to, say, the taxing “enumerated” power.

In several earlier AB posts , including one about the oral argument in late September in the appeal that was decided by last week’s ruling, I said that the right-wing’s conflation of the limits of Congress’s authority under the Commerce Clause and the separate issue of the Constitution’s various limitations on government power to infringe upon individual liberty, including in the Fifth Amendment’s Due Process Clause limiting the federal government’s powers to infringe upon individuals’ rights, is a sophism, as a matter of law and as a matter of logic. I also said that the Due Process argument is fatuous; the federal government clearly has the authority under the <i>taxing</i> power to compel the purchase of medical insurance or retirement savings, and does so for Medicare and Social Security, and a mandate under the Commerce power infringes no more on individual liberty than a mandate under the taxing power.

Washington State Insurance Law Uninsured Vehicle - News


The most expensive states to insure a car

That reality contributes to an average bill for a 2011 model car of $2453, second-highest in the nation. About 13% of Louisiana's drivers were uninsured. Louisiana is one of several states with a “no pay, no play” law that limits damages uninsured



Judge Brett Kavanaugh's Strange Political Prediction—And Other Recent ACA ...

On November 8, a three-judge panel of the federal appeals court for Washington, DC issued its ruling in a case challenging the constitutionality of the so-called individual mandate requiring everyone who can afford healthcare insurance to purchase it,



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The court agreed to hear appeals from a ruling by the United States Court of Appeals for the 11th Circuit, which struck down the individual mandate to buy health insurance but left other parts of the law standing. Opponents of the law contend that



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More uninsured persons with asthma than insured could not afford to buy prescription medications (40.3% versus 11.5%), and fewer uninsured persons reported seeing or talking with a primary-care physician (58.8% versus 85.6%) or specialist (19.5% versus



BizTimes cover story: Vets for hire

The Wisconsin Joint Finance Committee on Thursday approved a Medicaid savings plan that would remove more than 64000 people, including 29000 children, from the state's health insurance programs for the poor. The proposal by the Walker administration




Minimum Car Insurance Requirements | enasacentroamerica

Any vehicle that is driven on the road must be covered by auto insurance. Car insurance contains a number of protections for the driver and his or her passengers. Depending on your state, it may include coverage for your injury costs if you are hurt in an accident, and also coverage to pay for the other party’s injuries and damages if you are found to be at fault. These are all important protections that may seem unnecessary most of the time, but if you have an accident the proper coverage can save you much personal, financial, and legal grief. B odily Injury Liability: This portion of coverage is used to pay for injury costs of the other party, if you are involved in an accident and are deemed to be at fault. Liability coverage protects you from being sued for injury costs. The minimum coverage required is $20,000 per person or up to $40,000 for an accident. Property Damage Liability: This type of coverage pays for damage to the other party’s vehicle if you are found to be at fault in an accident. The minimum amount of insurance that you must carry is $15,000. Uninsured Motorist Bodily Injury: This coverage is used to pay for your injury costs if you are hurt by an uninsured motorist. Since an uninsured motorist has no liability coverage to pay for your injuries, your own insurance company will pay for your injuries under this coverage. The minimum that you must carry is $20,000 per person and $40,000 for an accident. These minimum insurance limits are designed to protect you as a driver or passenger when you are involved in an accident. While these coverages are important, you may opt to purchase additional coverage to protect yourself and your vehicle under other scenarios. For example, collision coverage is an optional insurance that you may elect to have to cover your vehicle damages if you are in an accident that cannot be deemed the other party’s fault.


Washington State Insurance Law Uninsured Vehicle - Bookshelf

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