Should a court kill Obama's health care plan?

By: CBS News Staff
Topics: Health Care ,; News

(Credit: CBS)

(CBS/AP) RICHMOND, Va. - You may not have heard of the 4th U.S. Circuit Court of Appeals, but you probably want to hear what it's going to say about the future of health care.

This week, a three-judge panel began the tough business of figuring out if his health care plan is constitutional.

They are looking at two lawsuits, one filed by Virginia Attorney General Kenneth Cuccinelli and the other by Liberty University. Both had argued that the health care plan has no business being law. The state of Virginia said it's unconstituationl to force the uninsured to buy insurance. Liberty fretted that the law interferes with their business.

The judges were chosen randomly from a pool of 14, but the three that were picked could swing towards President Obama.

"This was certainly a favorable draw for the government," said Kevin Walsh, an assistant professor of law at the University of Richmond who attended the hearings.

Obama's healthcare plan has been nothing if not controversial. Many conservatives believe it is an unaffordable expansion of the government. Many liberals believe it didn't go far enough to provide care for the poor and protection from insurance companies.

The core of the plan makes it easier to get Medicaid, the government's health program for low income people; makes it harder for insurance companies to refuse enrollees for pre-existing conditions and tries to create markets for uninsured individuals to buy insurance at a reasonable cost.

The Congressional Budget Office has said the plan would actually save money, potentially reducing the deficit by more than $1 trillion over a decade, but that assertion has come under sharp attack from conservatives.

In all, 31 lawsuits have been filed challenging the law, and nine of those have been appealed, but the two Virginia cases are the first to reach the argument stage in a federal appeals court. The judges are expected to rule within a few weeks, but all parties expect this fight to be finished in the Supreme Court.

WHAT DO YOU THINK?
Should the courts repeal the health care plan or leave it alone?

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by moshe05 May 13, 2011 12:43 PM EDT: i would never have expected so much criticism of health care was racist. because black people want it? insane.

also, the post office is subsidized because it is a constitutional requirement. if ups did the mail it would cost $5 to mail a letter. i have never seen such idiotic comments ever on any thread. there is no way any of you could actually have a job above retail.; Reply to this comment


by Fatesrider May 13, 2011 7:37 AM EDT: Hmmm...

When the Republicans pass legislation that is contrary to the Constitutional laws of the land, and the courts shoot it down, they stand on their little soapboxes and whine to the world about "activist judges", then use that excuse to stack the courts with conservatives who think "progressive" is a dirty word.

But when they want legislation passed by the Democrats to be shot down, it's "For the good of the country".

A bunch of ******* hypocrites.

Screw them all. Neither one deserves to have anything to do with the running of this country.; Reply to this comment


by Bojax39 May 12, 2011 11:49 AM EDT: "Should a court kill Obama's health care plan?"

Yes, since our law makers don't seem to have the stones to get a repeal done.; Reply to this comment


by oldguard May 12, 2011 8:14 AM EDT: Driving is hardly a choice for most people in the US who work. Public transport won't get you to most employers in a reasonable time. For many jobs it's a requirement. Driving is a choice, but not one most people will not choose.

If you can find someone willing to give up health care to save money, then stick by that choice when someone they love is dying, please feel free to ask for an exemption for them. The blunt truth is nobody wants to die and when it comes to the end they'll want help to avoid it. That's why insurance is necessary.; Reply to this comment

by erasmus111 May 11, 2011 6:27 PM EDT

Until something else comes along to IMPROVE on it, LEAVE IT ALONE.

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by 1VNVet May 11, 2011 8:35 PM EDT: sure sure, leave it alone and let all of those that can't afford it pay stiff fines and possibly go to jail. Has this really become a country only for those that can afford it with penalties for those that can not???? I can afford just about anything this government throws at me but I know too many that can't and I for one have sympathy for those!

by 1776Liberal May 11, 2011 4:44 PM EDT

Obamacare should absolutely be struck down by the courts.

Or should Congress mandate that we all buy guns, lottery tickets, baby strollers, flood insurance, broccoli, etc. whether we need, like, or use those items or not!

Government should get out of the health insurance business except for the retired employees with whom it promised healthcare to as part of an employment contract. A doctors care is not something that should be provided for by government solely because one is a citizens and definitely NOT for ILLEGALs.

Life isn't always fair about who gets sick or has accidents. Often it's based on the choices we make. The government (and thus other taxpaying citizens) shouldn't be responsible.

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by PatriotMark May 11, 2011 5:01 PM EDT: Obama's negrocentic scheme is clearly unconstitutional. It was never voted on by congress, Nancy Pelosi simply deemed it passed. Nothing like this has ever been done before and it shows how a bunch of elite non-majority Americans have stolen our country.


by wastrelway May 11, 2011 4:17 PM EDT: Whether a court should overrule it is not up to me. However, I know that this legislation was misrepresented to the people and to the members of Congress as being a form of "National Health Insurance" when it is not. It requires persons to buy health insurance from private companies. It is only a way for insurance companies to make money off the citizens of this country. It will be abused. Insurance companies are parasites and contribute nothing worthwhile to our economy, but they have huge lobbying power. It's funny, in a sick way, that in school they teach you about economic theory, but when it comes to insurance, they tell you that it's good because it "socializes the risk." This is the only time that schools actually advocate an economic theory, and the reason for it is there is no justification for insurance other then parasites making money.; Reply to this comment

by mtgman41 May 11, 2011 4:14 PM EDT

Ok .. all you folkes left or right hear me !! the goverment issued yesterday that the United States Post Office showed a 2.2BILLION dollar loss .. while FED _EX and UPS made very big profits .. now who wants the government running anything .. tell me when the goevrment ever ran anything that made a profit or broke even .. not a chance ... Goverment run health care will be no diffret than all the other failed goverment programs .. I do not have insurance .,never did .. when I am ill I negotiate the best deal from my doctors and hospital .. i had foot surgery that if I had insurance would have cost the insurance company
$8,350.00.. I negotiated and paid a monthly payment of $ 150.00 month and it only cost me $ 4,900.00 // capitolism works .. try it !!

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by 1American May 13, 2011 9:00 AM EDT: mtgman41 May 11, 2011 4:14 PM EDT
Excellent comment and comparison. Others would do well to read and heed. My hat is off to you, Sir or Ma'am whichever it may be.


by MOgilvie May 16, 2011 11:55 AM EDT: Next time someone in my family has a broken arm or card accident, I'll try to remember to negotiate with a few hospitals to figure out where to go.

It's probably equally as rewarding to negotiate with an expert on a debilitating disease. Always a good rule of thumb to interject bargaining technique into your decision of quality healthcare.


by fredianob May 11, 2011 4:13 PM EDT: If not a court, then Reality.; Reply to this comment

by crpolk May 11, 2011 3:46 PM EDT

All these commentaries that are so negative about the health care legislation need to remember that the president got this through congress with a minority party that blocked it at every turn and a democratic majority that refused to exercise its power to over rule their pigheadedness. He pretty much had to take what he could get which wasn't a lot.

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by 1VNVet May 11, 2011 5:17 PM EDT: THAT is the problem with this president....he takes what HE can get and it matters not one bit what the people want.