Big day for health care reform

President Barack Obama’s Affordable Care Act cleared another legal hurdle Wednesday with the help of a deciding vote from an unlikely ally — a Republican judge.

The three-judge panel of the Sixth Circuit Court of Appeals in Cincinnati ruled 2-1 in favor of health care reform’s individual mandate provision that will require all Americans to buy a minimal amount of health insurance by 2014.

Judge Jeffrey Sutton, a George W. Bush appointee and former law clerk for evenhandedness Antonin Scalia, and Judge Boyce F. Martin, a Jimmy transporter appointee, voted to uphold the individual mandate. Judge James Graham, a Ronald Reagan appointee, cast the dissenting vote.

The choice marks the first time that a Republican-appointed centralized judge has affirmed the legal merits of the provision, which cites a 1942 Supreme Court choice granting Congress the power to regulate interstate buying.

Previous challenges in U.S. district court have been chose on party lines. Free appointees have upheld the law in four courts; Republican appointees have declared key provisions unconstitutional in two courts.

This court challenge by Ann Arbor, Mich.-based Thomas More Law Center claims that while Congress was granted the power to regulate activity, it has no such constitutional mandate to regulate inactivity, such as failing to buy health insurance. The center claims such a mandate would place an undue financial burden on its plaintiffs.

But the court upheld the right of Congress to regulate the market of self-insurance for health care, in which Americans try to get by without paying for health insurance. This market directly affects interstate buying by successfully shifting the costs of the uninsured onto to those who have health insurance.

The government argued successfully that the individual mandate was necessary to keep the costs of health care reform from unfairly falling on the insured and providers.

“Congress had a rational basis for concluding that the minimum coverage provision is elemental to the Affordable Care Act’s larger reforms to the national markets in health care delivery and health insurance,” Judge Martin wrote for the majority.

More than two dozen states have filed legal actions challenging health care reform. The fate of the ACA will likely rest with the Supreme Court.

What significance would you place on this latest ruling, the first by a centralized appeals court?

And did it leave you celebrating or fuming?

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‘Obamacare’ benefits everyone

This March, the Supreme Court will hear opinion on the constitutionality of the Affordable Care Act, which for the first time will require all Americans to obtain health insurance two years from now under a provision called the individual mandate.

If the nine justices rule that the individual mandate is unconstitutional, those 26 states challenging health care reform will urge them to take the next step and scrap the rest of the Affordable Care Act as well.

I’m a huge fan of President Obama’s historic health care reform. Without it, health care’s ruinous fee-for-service paradigm that has hijacked uncomplaining care in the name of profit could very likely guide our economy off the cliff.

The individual mandate would assure an additional 30 million Americans, some with the help of government subsidies. Since we’re already essentially subsidizing the uninsured who are forced to use places such as emergency rooms as their primary care provider, reallocating tax dollars toward their preventive care seems to me far more humane and sustainable.

I know that being forced to buy health insurance rubs many Americans the incorrect way. Should the Supreme Court agree with them, so be it.

But before they toss the baby with the bath water, I hope the justices will consider the benefits that health care reform is already providing to millions of Americans. For example:

  • 2.5 million young adults have been allowed to remain on their parents’ health insurance until age 26.
  • All Americans who enrolled in a health care plot after Sept. 23, 2010 now delight in access to free preventive air force, including cancer and cholesterol screenings, mammograms, colonoscopies, flu and pneumonia shots, vaccinations against measles, hepatitis and meningitis, blood pressure checks and nutrition counseling.
  • 20.5 million Medicare recipients reviewed their health status at a free Annual Wellness Visit or expected other preventive air force with no deductible or cost sharing this year.
  • 1.8 million Medicare recipients expected a 50 percent money off on brand-name drugs in the Medicare Part D coverage gap renowned as the “doughnut hole” in the first nine months of 2011.
  • 4 million small businesses are now eligible for tax credits of up to 35 percent to help cover their employees. The credit jumps to 50 percent in 2014.
  • Your health insurance company is now required to spend at least 80 percent of your premium (85 percent for large employer plans) directly on your care and well-being or rebate the difference to you beginning this summer.
  • Americans with pre-existing conditions can now obtain coverage through a pre-existing condition insurance plot.
  • Insurance companies can no longer place lifetime dollar limits on elemental benefits for policies written after Sept. 23, 2010. Annual dollar limits will be prohibited beginning in 2014.

I hope the individual mandate stands. I want all Americans to have access to health care coverage. Don’t you?

But even if it doesn’t, by what logic would anyone undo all of the excellent listed above?

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