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Old 03-27-2012, 09:16 PM
 
Location: San Diego, CA
10,581 posts, read 9,781,638 times
Reputation: 4174

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Suppose that Obamacare is upheld by the Supreme Court, including the mandate, as constitutional.

Sometime in the future, Republicans are voted into supermajorities in both the House and the Senate, and into the Presidency.

Congress then passes a law, and the President signs it, requiring everyone to purchase a gasoline-powered electrical generator capable of keeping every electrical appliance, tool, and light in their residence, running. (Including air conditioning, stove, clothes dryer, and everything else that uses electricity.) In case of power failure. Sooner or later you'll likely need one, and it can be a lifesaver in certain circumstances.

You don't like it, generators that size cost thousands of dollars, and you don't mind sitting in the dark for a few hours and using flashlights. And you can't afford a generator like that, it will put a huge financial burden on your family, that you can't handle at present. So you sue in court to have the law thrown out, similar to what a number of people are doing against Obamacare today.

But Obamacare was passed years ago and upheld by the Supreme Court as constitutional, way back in 2012.

When you go up before the Federal judge to tell him why the generator-mandate should be thrown out, you'll have to tell him what law forbids the government from forcing you to spend thousands buy a generator. The Obamacare opponents cited the 10th amendment in 2012, but that challenge was ruled inapplicable in court.

Which law(s) will you cite?
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Old 03-27-2012, 09:33 PM
 
Location: Midwest
38,496 posts, read 25,808,661 times
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I would cite the Emergency Medical Treatment and Active Labor Act signed into law in 1986 by Ronald Reagan.

http://en.wikipedia.org/wiki/Emergen...tive_Labor_Act

This law requires hospitals to dispense free healthcare to anyone who is unable to pay. In the end, we all pay because hospitals must increase prices to those who can pay so that the hospital does not lose money.

Perhaps the store could be mandated to give a free generator to those who cannot afford to pay as the precedence was set by Ronald Reagan's mandate.
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Old 03-27-2012, 09:43 PM
 
Location: San Diego, CA
10,581 posts, read 9,781,638 times
Reputation: 4174
Quote:
Originally Posted by jojajn View Post
I would cite the Emergency Medical Treatment and Active Labor Act signed into law in 1986 by Ronald Reagan.

Emergency Medical Treatment and Active Labor Act - Wikipedia, the free encyclopedia

This law requires hospitals to dispense free healthcare to anyone who is unable to pay. In the end, we all pay because hospitals must increase prices to those who can pay so that the hospital does not lose money.

Perhaps the store could be mandated to give a free generator to those who cannot afford to pay as the precedence was set by Ronald Reagan's mandate.
That will be thrown out as irrelevant, since under Obamacare everybody has insurance and is covered... including those who don't like it. In fact, it was used to try to argue Obamacare's overthrow, but that challenge failed, too.

So, what law(s) will you cite to prevent the govt from forcing you to buy a generator?
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Old 03-27-2012, 09:47 PM
 
Location: Midwest
38,496 posts, read 25,808,661 times
Reputation: 10789
Quote:
Originally Posted by Little-Acorn View Post
That will be thrown out as irrelevant, since under Obamacare everybody has insurance and is covered... including those who don't like it. In fact, it was used to try to argue Obamacare's overthrow, but that challenge failed, too.

So, what law(s) will you cite to prevent the govt from forcing you to buy a generator?
Emergency Medical Treatment and Active Labor Act signed into law by Ronald Reagan in 1986.

This law set precedence for the store to dispense a generator free to those who cannot afford to pay for one.
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Old 03-27-2012, 09:51 PM
 
Location: Los Angeles County, CA
29,094 posts, read 26,003,249 times
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Quote:
Originally Posted by Little-Acorn View Post
Sometime in the future, Republicans are voted into supermajorities in both the House and the Senate, and into the Presidency.

Congress then passes a law, and the President signs it, requiring everyone to purchase a gasoline-powered electrical generator capable of keeping every electrical appliance, tool, and light in their residence, running. (Including air conditioning, stove, clothes dryer, and everything else that uses electricity.)
President Santorum would never sign such a bill.
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Old 03-27-2012, 09:54 PM
 
Location: San Diego, CA
10,581 posts, read 9,781,638 times
Reputation: 4174
Quote:
Originally Posted by jojajn View Post
Emergency Medical Treatment and Active Labor Act signed into law by Ronald Reagan in 1986.

This law set precedence for the store to dispense a generator free to those who cannot afford to pay for one.
That will be thrown out as irrelevant, since under Obamacare everybody has insurance and is covered... including those who don't like it. In fact, it was used to try to argue Obamacare's overthrow, but that challenge failed, too.

So, what law(s) will you cite to prevent the govt from forcing you to buy a generator?
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Old 03-27-2012, 10:00 PM
 
Location: Midwest
38,496 posts, read 25,808,661 times
Reputation: 10789
Quote:
Originally Posted by Little-Acorn View Post
That will be thrown out as irrelevant, since under Obamacare everybody has insurance and is covered... including those who don't like it. In fact, it was used to try to argue Obamacare's overthrow, but that challenge failed, too.

So, what law(s) will you cite to prevent the govt from forcing you to buy a generator?
Again the Emergency Medical Treatment and Active Labor Act signed into law by Ronald Reagan. This law forces us to pay for care of those who do not have insurance.

Quote:
If we are going to mandate that hospitals treat and stabilize patients with emergency medical conditions, we should mandate that individuals purchase insurance to pay for that care. If we don't, then we truly have a health care system where the few pay for the many.
Quote:
A universal health-care insurance program is the logical endpoint of the bill Ronald Reagan signed into law mandating (pretty much) universal emergency hospital care:
Ezra Klein - Repeal EMTALA!
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Old 03-27-2012, 10:01 PM
 
Location: California
37,135 posts, read 42,203,740 times
Reputation: 35012
I don't like the mandate, I like single payer.
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Old 03-27-2012, 10:02 PM
 
Location: Missouri
4,272 posts, read 3,787,082 times
Reputation: 1937
The situation, as of now, is that if people cannot afford a generator, those who go into a store to get a generator, right at the time a major power outage occurs, have to be given the generator, by law. The cost is covered by government through a "generator payroll tax". Even if people are not on "generatorcaid" they have to be helped during an emergency. That makes generators more expensive for me, who can afford one.

I don't know if 2014 will solve the problem, but the current situation is untenable. So, let's try it. If it doesn't work, try something else.
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Old 03-27-2012, 10:09 PM
 
Location: Stuck in NE GA right now
4,585 posts, read 12,364,009 times
Reputation: 6678
When the public option was taken off the table it really destroyed the health care bill. There are some very good things in the bill like required to cover pre-existing conditions.

As another poster said we need a UHC/single payer program so everyone can have AFFORDABLE health care insurance.

If we were all in one pool the premiums would be affordable, the insurance companies would be competing nation wide for our care dollars. Think if we all had the same HC that the congress have. Anyone who wants additional HC could buy suplimental HC.

Right now, I can't afford squat, I'm working 2 jobs and no one will cover me at an affordable rate at my age. The lowest quote I could get was $1600. a month and thats more than I make.
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