Supreme Court refuses to expedite health-care reform review
The U.S. Supreme Court has denied the request of Virginia Attorney General Ken Cuccinelli to expedite the appellate review of the state’s constitutional challenge of the 2010 federal health-care reform law.
The move had not been unexpected – as the Supreme Court rarely bypasses appellate courts in reviews of constitutional questions. Cuccinelli had asked for an expedited review citing what his office had characterized as a potential negative impact on Virginia and other states due to the pending implementation of the reform law.
“Expediting our case would have been the exception and so, although disappointing, this is not surprising,” Cuccinelli said in a statement today. “We look forward to making our arguments in the U.S. Fourth Circuit Court of Appeals on the morning of May 10th here in Richmond. This case’s logical end point is the Supreme Court. It will simply have to make its way through the Fourth Circuit first.”
The move by the Supreme Court likely delays any action by the highest court in the land on the review of the law until 2012.
A federal judge in Richmond ruled in December that a key provision in the law requiring consumers to purchase health insurance is unconstitutional. The ruling contradicts other rulings in other federal courts that have found the purchase requirement to be within congressional authority.
“The court’s refusal to hear this case now will force states and businesses to incur increased costs and expend significant effort to begin preparations necessary to ensure compliance with this law, which ultimately may be ruled unconstitutional,” Gov. Bob McDonnell, a Republican who has been critical of the health-care law, said in a statement. “Supporters and opponents of this law should agree on one thing, we need a definitive answer to its constitutionality so that we can move forward in the appropriate manner.”
Democratic Party of Virginia chairman Brian Moran said the Supreme Court “did the right thing” in allowing the normal process for review to play out and urged Cuccinelli to devote more of his office’s resources to fighting for Virginians who are struggling in this economy.
“Instead of using his taxpayer-funded office to challenge a law that has already helped more than 100,000 young Virginians keep their access to health insurance, the attorney general should devote more of his time and our resources to fighting for middle class families that are struggling to find work and stay in their homes in this difficult economy. Virginians should not have to foot the bill for his personal political agenda,” Moran said.
Politics from McDonnell on anniversary of health-care bill
Gov. Bob McDonnell played some politics with a statement released on the eve of the one-year anniversary of the signing of the health-care reform legislation.
“Tomorrow marks the one year anniversary of President Barack Obama’s signing of the hastily passed 2,700 page federal healthcare bill that creates an unprecedented intrusion on America’s strong free enterprise system and places enormous unfunded mandates on the states,” the statement began, before noting that Virginia was also the first state to file suit over the constitutionality of the law.
That suit and others filed in other federal courts are making their way through the appellate process. McDonnell used his statement on the anniversary of the signing of the law to restate his position on that review. Virginia has asked that the review skip through normal channels to go straight to the United States Supreme Court, a move that the Obama administration has opposed.
“As we move past this one year anniversary, we must get clarity on a law that will have a huge impact on states, business and individuals in the years ahead, should it be implemented,” McDonnell said. “We need to improve our healthcare system, but this is the wrong way to do it. It must be replaced with improvements to our excellent medical care system in a way that improves access and reduces costs, while not stifling innovation and creating unsustainable burdens on the states.”
Story by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Cuccinelli will push for Supreme Court hearing of health-care appeal
Virginia Attorney General Ken Cuccinelli said Thursday that Virginia will file a petition to ask the United States Supreme Court to take Virginia’s health care lawsuit without first waiting for review by a federal court of appeals.
“Given the uncertainty caused by the divergent rulings of the various district courts on the constitutionality of the Patient Protection and Affordable Care Act, we feel that it is necessary to seek resolution of this issue as quickly as possible. Currently, state governments and private businesses are being forced to expend enormous amounts of resources to prepare to implement a law that, in the end, may be declared unconstitutional. Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution of this issue is in everyone’s best interest,” Cuccinelli said in a statement.
The move by Cuccinelli has the backing of Gov. Bob McDonnell, who issued this statement on the matter today.
“Attorney General Ken Cuccinelli is taking the proper and necessary step in seeking an expedited review of the Virginia health care lawsuit. Immediately following Judge Henry Hudson’s December decision that the individual mandate component of the Patient Protection and Affordable Care Act is unconstitutional, I contacted my fellow governors to seek their support for this course of action. Regardless of where one stands on the issue of the federal health care law, it is imperative that the constitutionality of the matter be settled expeditiously. States, businesses and individuals are already incurring expenses of time and money as they seek to understand and prepare for the implementation of this unprecedented law in 2014. That preparation is taking place at the same time that recent court decisions in both Virginia and Florida are calling into question whether or not this law can withstand judicial review. It is a confusing situation, and there must be clarity and finality on such an important national issue. That finality will only be achieved through a ruling by the Supreme Court of the United States. All other court decisions and reviews prior to that moment will serve simply to exacerbate the uncertainty and continue the delay.
“I thank the Attorney General for moving forward with this action. The Virginia health care case must be heard by the Supreme Court of the United States at the earliest date possible.”
Story by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Appeals court expedites hearing of Virginia’s health care lawsuit
The U.S. Court of Appeals for the Fourth Circuit on Wednesday granted a joint motion from Attorney General Ken Cuccinelli and the federal government to expedite the hearing of Virginia’s suit against the federal health-care law.
The case is tentatively scheduled for hearing sometime between May 10 and 13. The joint motion replaces a briefing order previously issued by the court.
“Right now, there is a great deal of uncertainty for states, individuals, and businesses. Major decisions are already being made and money is already being spent to comply with a law that may not be around two years from now. We need this suit resolved as quickly as possible, for the good of our citizens and our economy,” Cuccinelli said.
Cuccinelli is still weighing whether or not to request that the U.S. Supreme Court take the case directly and skip the Fourth Circuit altogether.
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Robert Hurt: The first step, not the last, towards true health-care reform
The people of the Fifth District sent a clear message on Election Day in support of repealing the government takeover of health care.
This week, I was proud to put the will of the people into action by co-sponsoring and voting to repeal the health care law that raises costs, increases taxes and spending, and destroys jobs.
I have heard from many constituents about the negative ramifications this law has had on people throughout Central and Southside Virginia.
I took to the House floor this week to share the story of one such Charlottesville-based doctor.
After making large sacrifices to serve those in the Charlottesville area by owning and operating an urgent care center, this doctor made it clear, in no uncertain terms, that the fear and uncertainty regarding the new health care law threatens both the present and future success of his practice.
Due to the tax hikes, added regulations and bureaucracy, and overall government intrusion, the doctor is no longer sure he can afford to stay in business – which means over 16,000 patients in the area served by his practice may lose access to this reliable and affordable care.
What a crushing blow to the innovators that are seeking new ways to provide quality medical care to their fellow man. What a crushing blow to the entrepreneurial spirit for those who are seeking to succeed. And what a crushing blow to the very spirit upon which our nation was founded.
This is just one example of why it is important and necessary to repeal the government takeover of health care.
Voting in favor of the repeal bill, however, does not mean a return to the status quo.
It is critical that we continue to work towards providing the people of the Fifth District with long lasting solutions to their health care needs.
That is why I was proud to co-sponsor and support a resolution that passed the House this week which instructs committees of jurisdiction to report legislation replacing the health care law.
Four committees will be charged with putting together legislation that is going to be guided by the principles of the market economy. It will not take a sledgehammer to the current quality of the health care we have, but instead will seek to reduce premiums, lower costs, and extend access to all Americans based on market-oriented solutions.
I remain committed to finding ways to reduce health care costs and keep quality care while removing the government from the patient-doctor relationship, and I look forward to debating and finding these solutions in an open and transparent manner throughout the 112th Congress.
Robert Hurt represents the Fifth District in the U.S. House of Representatives.
House votes to repeal health-care law
The House of Representatives voted 245-189 on Wednesday to pass a resolution to repeal the health-care reform that was signed into law by President Barack Obama last year.
The resolution had been promised by the new Republican leadership in the House. The vote isn’t likely to lead to any effective repeal with a Democratic majority in the Senate and Obama still in the White House, but Republicans still talked up today’s vote as being historic.
“Tonight House Republicans, with my support, delivered on our promise to the American people to hold a vote on legislation that would repeal the Democrats’ sweeping health care reform law. As I have said time and time again, the Democrats’ health care reform law is a monstrosity, which amounts to a big government takeover of our health care system – one that will lead to fewer choices, higher prices and rationed care,” Sixth District Republican Bob Goodlatte said in a statement tonight.
“The Democrats’ health care law raises costs, increases taxes, places burdensome government regulations and mandates on small businesses, and will destroy jobs and hurt our economy. Voting to repeal the government takeover of health care is another way to help foster an economic environment of certainty that will give businesses the confidence necessary to hire and expand,” said Fifth District Republican Robert Hurt, who defeated Democrat Tom Perriello in November in a campaign in which Hurt played up Perriello’s vote for the reform law in the House.
Both Hurt and Goodlatte tried to answer critics who have said that Republicans are doing little other than saying no to reform without offering anything substantive in the face of the health-care cost crisis that preceded last year’s reform.
“This does not mean a return to the status quo. As a co-sponsor of the resolution that instructs committees to develop legislation to replace the Democrats’ health care law with market-oriented solutions, I am committed to finding ways to reduce health care costs and keep quality care while removing the government from the patient-doctor relationship,” Hurt said.
“I will continue working to advance a positive, patient-centered strategy that puts patients, families and doctors, not Washington bureaucrats, in control of personal health care decisions,” said Goodlatte, touting legislative efforts to allow for the purchase of health insurance across state lines and allow individuals and small businesses to join large pools to get more competitive rates, among other GOP-backed ideas.
Story by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Frank Knapp: What happened to gloomy predictions?
Posted by afp on March 23, 2011 · Leave a Comment
Nearly 3.8 million new jobs will be created by small businesses with fewer than 100 employees in 2011, says the report. That will be enough alone to lower the U.S. unemployment rate by 2.4 percent. The survey, conducted in January, also found that only 2 percent of small businesses planned to lay off workers.
Major health insurance companies nationwide are reporting dramatic increases in small businesses offering health insurance to employees. This reverses a trend for small businesses dropping insurance because of affordability.
This is not what opponents of health-care reform told us would happen if Congress passed the Affordable Care Act (ACA). They warned us strenuously before the ACA became law March 23 of last year that small businesses would not only stop hiring out of fear of the future but would begin laying off workers because of anticipated new taxes, fees and health-insurance mandates under the ACA. Small businesses also were supposed to start dropping health insurance because the ACA would drive up premiums. These dire predictions continued right up until last year’s November elections.
Fortunately, the gloom and doomers were wrong. Those of us who supported the ACA have tried valiantly to put out more realistic predictions about how the ACA was going to help small businesses. There will not be new taxes, fees or health-insurance mandates for small businesses with 50 or fewer employees (approximately 96 percent of all businesses). However, most of the mainstream media preferred to report on the negative tea-reading.
But now the good news for small business is rolling in and the positive future effect of the now 1-year-old ACA is becoming clear.
More than 4 million U.S. small businesses with fewer than 25 employees are eligible to receive health-insurance tax credits under the ACA. That’s 87.3 percent of all small businesses in the country that the ACA can help by making health insurance more affordable.
As for the ACA dramatically increasing the cost of health insurance, a senior vice president at Harvard Pilgrim says that the federal law has only increased premiums by 1 percent.
The ACA is helping small-business owners who have been locked out of health insurance because of their own pre-existing condition. Right now, these entrepreneurs are eligible for affordable coverage from new high-risk pools established under the ACA.
This year, the ACA is requiring that at least 80 percent of every premium dollar being paid in small group health insurance plans is actually paying for medical costs — not marketing, CEO salaries or profit. If not, the policyholder is owed a refund.
These benefits for small business are in place now.
Today, small businesses are paying as much as 18 percent higher premiums than big businesses. This is a result of higher administration costs for small groups. In 2014, this extra cost is eliminated, so small-business employees, along with individuals, will be able to purchase their coverage from the new health insurance exchanges in each state.
A small business with only one employee with a pre-existing condition finds itself priced out of the market or paying highly inflated premiums. In 2014, health insurance companies will no longer be allowed to charge higher rates because of pre-existing conditions.
And because no one will be denied health insurance because of a pre-existing condition, aspiring entrepreneurs will no longer be locked into a job because of health-insurance benefits. As a result, ranks of small businesses should expand.
The one year anniversary of the ACA is truly something small businesses should celebrate for what it has already done. The future will be even better.
Filed under Blogs · Tagged with affordable care act, health care obama, health care reform