Federal Judge in Florida rules healthcare law unconstitutional

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DroidPhysX

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#1 DroidPhysX
Member since 2010 • 17098 Posts

http://news.yahoo.com/s/yblog_theticket/20110131/ts_yblog_theticket/judge-declares-obamas-health-care-law-unconstitutional

A federal judge in Florida has ruled President Obama's health care legislation is unconstitutional.U.S. District Judge Roger Vinson sided with a lawsuit filed by 26 states that claims the law violates people's rights by forcing them to buy health insurance.


So, it looks like all the GOP appointed judges ruled it unconstitutional and all the Democratic appointed judges ruled it the other way.

Calling it:

Supreme Court rules it constitutional by 5-4 vote

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Maniacc1

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#2 Maniacc1
Member since 2006 • 5354 Posts
Looks like it's going down to the SCOTUS. I really have no idea how this one will turn out. :P
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DreamnDayUnite

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#3 DreamnDayUnite
Member since 2011 • 428 Posts
Thank God I live in a country with free healthcare.
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AutoPilotOn

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#4 AutoPilotOn
Member since 2010 • 8655 Posts
Thank God I live in a country with free healthcare.DreamnDayUnite
since when is anything free?
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GabuEx

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#5 GabuEx
Member since 2006 • 36552 Posts

So, it looks like all the GOP appointed judges ruled it unconstitutional and all the Democratic appointed judges ruled it the other way.

DroidPhysX

Sooooo depressing. :(

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darkfox101

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#6 darkfox101
Member since 2004 • 7055 Posts
Have to agree. Forcing people to buy health care is completely stupid. From my understanding and please correct me if so... wasn't this put in by the dems to please the Republicans so they can pass the bill?
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l4dak47

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#7 l4dak47
Member since 2009 • 6838 Posts
They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of?
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#8 HoolaHoopMan
Member since 2009 • 14724 Posts
The individual mandate makes most of the bill even possible.
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AutoPilotOn

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#9 AutoPilotOn
Member since 2010 • 8655 Posts
They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? l4dak47
dont drive or dont live? and car insuriance it just to protect other drivers at minimum levels.
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limpbizkit818

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#10 limpbizkit818
Member since 2004 • 15044 Posts

Thank God I live in a country with free healthcare.DreamnDayUnite
No matter many times the term "free healthcare" gets rebutted, it keeps getting used. *sigh*

Any who, I really wish judges would base their rulings on the Constitution and not their political views.

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BreakTheseLinks

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#11 BreakTheseLinks
Member since 2005 • 2601 Posts
[QUOTE="DreamnDayUnite"]Thank God I live in a country with free healthcare.AutoPilotOn
since when is anything free?

TINSTAFL my friend, TINSTAFL.
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#12 DroidPhysX
Member since 2010 • 17098 Posts

They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? l4dak47
Thats why I think the Supreme court will rule it constitutional. If they rule it unconstitutional, why am i paying auto insurance? All these deductions on my paycheck. Why am I being forced to pay this? It will open a pandoras box.

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surrealnumber5

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#13 surrealnumber5
Member since 2008 • 23044 Posts
They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? l4dak47
you dont need to drive and as far as i know the need for car insurance is decided by the state not the fed
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GabuEx

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#14 GabuEx
Member since 2006 • 36552 Posts

Have to agree. Forcing people to buy health care is completely stupid. From my understanding and please correct me if so... wasn't this put in by the dems to please the Republicans so they can pass the bill?darkfox101

No, it was put in to make the other changes, such as making it illegal to not cover someone due to pre-existing conditions, not bankrupt insurance companies. Republicans opposed it because they could cynically score political points in doing so. :P

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ehhwhatever

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#15 ehhwhatever
Member since 2010 • 1463 Posts

Why make a law or bill that won't pass and fragments society even more? Only in America do you hear "I feel your pain" and it is from a knife in the back. Happens everyday, I wish I had a dollar for everytime someone said they loved me and later stabbed me in the back.

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194197844077667059316682358889

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#16 194197844077667059316682358889
Member since 2003 • 49173 Posts

[QUOTE="DroidPhysX"]

So, it looks like all the GOP appointed judges ruled it unconstitutional and all the Democratic appointed judges ruled it the other way.

GabuEx

Sooooo depressing. :(

Exactly what the judiciary is not supposed to be :(
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#17 surrealnumber5
Member since 2008 • 23044 Posts
[QUOTE="DreamnDayUnite"]Thank God I live in a country with free healthcare.limpbizkit818
No matter many times the term "free healthcare" gets rebutted, it keeps getting used. *sigh* Any who, I really wish judges could base their rulings on the Constitution and not their political views.

i wish politicians would vote to uphold the constitution as the swear to do, and not pass bills with the hope of later changing the constitution
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deactivated-5b19214ec908b

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#18 deactivated-5b19214ec908b
Member since 2007 • 25072 Posts

Glad I live in the UK with the good ol' NHS.

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daqua_99

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#19 daqua_99
Member since 2005 • 11170 Posts

Thank God I live in a country with public healthcare. I happily pay the 1.5% Medicare levy that most people pay to fund it. It costs me $375 a year and it gives me more guarantees than any private health insurance could

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darkfox101

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#20 darkfox101
Member since 2004 • 7055 Posts
All you euros that keep say Glad I "insert country here" blah balh need to please shut your mouth. Your not contributing to the discussion at all :|.
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#21 BreakTheseLinks
Member since 2005 • 2601 Posts
They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? l4dak47
The state I live in takes it a step further by making it mandatory to pay for uninsured motorist. (I'm not sure if every state does that). This raises a good put and if the healthcare bill is ruled unconstitutional it will open a big can of worms.
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#22 l4dak47
Member since 2009 • 6838 Posts
[QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? AutoPilotOn
dont drive or dont live? and car insuriance it just to protect other drivers at minimum levels.

Perhaps, but the concept is still there. They are forcing you to pay car insurance.
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#23 surrealnumber5
Member since 2008 • 23044 Posts

Thank God I live in a country with public healthcare. I happily pay the 1.5% Medicare levy that most people pay to fund it. It costs me $375 a year and it gives me more guarantees than any private health insurance could

daqua_99
we already pay 2.9% for medicare
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#24 DarkGamer007
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[QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? surrealnumber5
you dont need to drive and as far as i know the need for car insurance is decided by the state not the fed

I live in the suburbs, driving is required to get anywhere.

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#26 DroidPhysX
Member since 2010 • 17098 Posts

[QUOTE="daqua_99"]

Thank God I live in a country with public healthcare. I happily pay the 1.5% Medicare levy that most people pay to fund it. It costs me $375 a year and it gives me more guarantees than any private health insurance could

surrealnumber5

we already pay 2.9% for medicare

U.S. pays the most for the 30-something healthcare (ranking). I forget. They rank around 37th in healthcare i think.

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#27 Vaasman
Member since 2008 • 15877 Posts

So when people are forced to have car insurance, nobody cares.

When people are forced to have health insurance, protests and constitutionality is questioned.

This country is funny sometimes.

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#28 surrealnumber5
Member since 2008 • 23044 Posts
[QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? BreakTheseLinks
The state I live in takes it a step further by making it mandatory to pay for uninsured motorist. (I'm not sure if every state does that). This raises a good put and if the healthcare bill is ruled unconstitutional it will open a big can of worms.

the key to your post is the state, not the federal government
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AutoPilotOn

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#29 AutoPilotOn
Member since 2010 • 8655 Posts
They need to some how reform the cost of care before they force everyone to buy it.
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surrealnumber5

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#30 surrealnumber5
Member since 2008 • 23044 Posts

[QUOTE="surrealnumber5"][QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? DarkGamer007

you dont need to drive and as far as i know the need for car insurance is decided by the state not the fed

I live in the suburbs, driving is required to get anywhere.

then move... driving is never a required part of life.
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daqua_99

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#31 daqua_99
Member since 2005 • 11170 Posts

[QUOTE="daqua_99"]

Thank God I live in a country with public healthcare. I happily pay the 1.5% Medicare levy that most people pay to fund it. It costs me $375 a year and it gives me more guarantees than any private health insurance could

surrealnumber5

we already pay 2.9% for medicare

So what do you guys get for that 2.9%?

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#32 coolbeans90
Member since 2009 • 21305 Posts

They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? l4dak47

I think I've discussed this analogy too many times to count. It's fundamentally broken on various different levels. Here are the bullet points:

1. There are differing legal circumstances with respect to these cases. The Federal Government via the Patient Protection and Affordable Care Act mandates that people purchase health insurance. State governments individually mandate that drivers purchase car insurance. The Federal Government legally derives its power to regulate interstate commerce through the commerce clause in the constitution, and is also to some degree limited by it. State governments are not bounded by the commerce clause in that respect.

2. One is not legally required to purchase car insurance by mere virtue of existence, unlike the health care bill.

3. People do not own the roads they drive on. In order to use them, they agree to abide by certain rules, similarly to a ToU. People may not run red lights, are required to have a license and are also to have insurance. One voluntarily agrees to these in order to drive on roads which do not belong exclusively to you. There isn't a parallel to this with respect to health care.

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surrealnumber5

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#33 surrealnumber5
Member since 2008 • 23044 Posts

[QUOTE="surrealnumber5"][QUOTE="daqua_99"]

Thank God I live in a country with public healthcare. I happily pay the 1.5% Medicare levy that most people pay to fund it. It costs me $375 a year and it gives me more guarantees than any private health insurance could

daqua_99

we already pay 2.9% for medicare

So what do you guys get for that 2.9%?

a lot of fraud
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AutoPilotOn

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#34 AutoPilotOn
Member since 2010 • 8655 Posts
[QUOTE="Vaasman"]

So when people are forced to have car insurance, nobody cares.

When people are forced to have health insurance, protests and constitutionality is questioned.

This country is funny sometimes.

Well driving a car effect other people which it why you have to have liability. Whether or not you get healthcare effects you and your family.
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aransom

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#35 aransom
Member since 2002 • 7408 Posts

They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? l4dak47
The purpose of auto insurance is to protect other people, the purpose of health insurance is to protect you.

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#36 HoolaHoopMan
Member since 2009 • 14724 Posts

[QUOTE="Vaasman"]

So when people are forced to have car insurance, nobody cares.

When people are forced to have health insurance, protests and constitutionality is questioned.

This country is funny sometimes.

AutoPilotOn

Well driving a car effect other people which it why you have to have liability. Whether or not you get healthcare effects you and your family.

not really, people with insurance pay for uninsured people through their premiums all the time. You still pay for the uninsured going to the hospital.

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BreakTheseLinks

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#37 BreakTheseLinks
Member since 2005 • 2601 Posts
[QUOTE="BreakTheseLinks"][QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? surrealnumber5
The state I live in takes it a step further by making it mandatory to pay for uninsured motorist. (I'm not sure if every state does that). This raises a good put and if the healthcare bill is ruled unconstitutional it will open a big can of worms.

the key to your post is the state, not the federal government

Yes but the state's laws don't supersede the constitution. If it's unconstitutional it is so on all levels of government.
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deactivated-59d151f079814

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#38 deactivated-59d151f079814
Member since 2003 • 47239 Posts
Firstly, If it were unconstitutional, the federal court would have struck it down immediately.. It is only one most published acts in history in which the public were given huge information upon it for quite some time.. Yet the only judicial uprising are from small local judges? Secondly the only people be forced to buy this health insurance.. Are ones that too poor to afford it so they get the government help to give them the health care they need.. OR they are the people too stupid to get health care because they think they are healthy and nothing possibly bad could happen.. Either case these people cost the system a ton when they are forced to go uninsured to a emergency room. Our system thrives off preventive care, something that is nonexistent with these groups when they don't have health care.
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AutoPilotOn

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#39 AutoPilotOn
Member since 2010 • 8655 Posts

[QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? coolbeans90

I think I've discussed this analogy too many times to count. It's fundamentally broken on various different levels. Here are the bullet points:

1. There are differing legal circumstances with respect to these cases. The Federal Government via the Patient Protection and Affordable Care Act mandates that people purchase health insurance. State governments individually mandate that drivers purchase car insurance. The Federal Government legally derives its power to regulate interstate commerce through the commerce clause in the constitution, and is also to some degree limited by it. State governments are not bounded by the commerce clause in that respect.

2. One is not legally required to purchase car insurance by mere virtue of existence, unlike the health care bill.

3. People do not own the roads they drive on. In order to use them, they agree to abide by certain rules, similarly to a ToU. People may not run red lights, are required to have a license and are also to have insurance. One voluntarily agrees to these in order to drive on roads which do not belong exclusively to you. There isn't a parallel to this with respect to health care.

exactly. Healthcare and car insuriance are two totally different things. I dont understand how anyone could compare just being alive to owning a car and driving. Driving is a privilage not a right.
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DroidPhysX

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#40 DroidPhysX
Member since 2010 • 17098 Posts

[QUOTE="Vaasman"]

So when people are forced to have car insurance, nobody cares.

When people are forced to have health insurance, protests and constitutionality is questioned.

This country is funny sometimes.

AutoPilotOn

Well driving a car effect other people which it why you have to have liability. Whether or not you get healthcare effects you and your family.

It affects everyone. If someone gets hit by a car in California, and he gets patched up. But he cant pay since he doesnt have health insurance. Guess who's health insurance premiums are going up to recover the money? This guy!

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brendanhunt1

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#41 brendanhunt1
Member since 2008 • 2333 Posts

World Health Organization's 2010 rank

1 France
2 Italy
3 San Marino
4 Andorra
5 Malta
6 Singapore
7 Spain
8 Oman
9 Austria
10 Japan
11 Norway
12 Portugal
13 Monaco
14 Greece
15 Iceland
16 Luxembourg
17 Netherlands
18 United Kingdom
19 Ireland
20 Switzerland
21 Belgium
22 Colombia
23 Sweden
24 Cyprus
25 Germany
26 Saudi Arabia
27 United Arab Emirates
28 Israel
29 Morocco
30 Canada
31 Finland
32 Australia
33 Chile
34 Denmark
35 Dominica
36 Costa Rica
37 United States of America
38 Slovenia
39 Cuba
40 Brunei

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grape_of_wrath

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#42 grape_of_wrath
Member since 2009 • 3756 Posts
Judicial militancy +political supreme court= FUN.
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BreakTheseLinks

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#43 BreakTheseLinks
Member since 2005 • 2601 Posts

[QUOTE="l4dak47"]They say it's wrong to force people to pay health insurance, but what of car insurance? Unless there's a distinct difference I'm not aware of? coolbeans90

I think I've discussed this analogy too many times to count. It's fundamentally broken on various different levels. Here are the bullet points:

1. There are differing legal circumstances with respect to these cases. The Federal Government via the Patient Protection and Affordable Care Act mandates that people purchase health insurance. State governments individually mandate that drivers purchase car insurance. The Federal Government legally derives its power to regulate interstate commerce through the commerce clause in the constitution, and is also to some degree limited by it. State governments are not bounded by the commerce clause in that respect.

2. One is not legally required to purchase car insurance by mere virtue of existence, unlike the health care bill.

3. People do not own the roads they drive on. In order to use them, they agree to abide by certain rules, similarly to a ToU. People may not run red lights, are required to have a license and are also to have insurance. One voluntarily agrees to these in order to drive on roads which do not belong exclusively to you. There isn't a parallel to this with respect to health care.

Well that settles it, then. I have no idea what I'm talking about :P Thanks for the informative post.
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DroidPhysX

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#44 DroidPhysX
Member since 2010 • 17098 Posts

World Health Organization's 2010 rank

1 France
2 Italy
3 San Marino
4 Andorra
5 Malta
6 Singapore
7 Spain
8 Oman
9 Austria
10 Japan
11 Norway
12 Portugal
13 Monaco
14 Greece
15 Iceland
16 Luxembourg
17 Netherlands
18 United Kingdom
19 Ireland
20 Switzerland
21 Belgium
22 Colombia
23 Sweden
24 Cyprus
25 Germany
26 Saudi Arabia
27 United Arab Emirates
28 Israel
29 Morocco
30 Canada
31 Finland
32 Australia
33 Chile
34 Denmark
35 Dominica
36 Costa Rica
37 United States of America
38 Slovenia
39 Cuba
40 Brunei

brendanhunt1

Socialist healthcare is badddd!!!!111!!!:|

Good grief, how do people believe that.

And i knew it was 37th:P

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BreakTheseLinks

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#45 BreakTheseLinks
Member since 2005 • 2601 Posts

[QUOTE="brendanhunt1"]

World Health Organization's 2010 rank

1 France
2 Italy
3 San Marino
4 Andorra
5 Malta
6 Singapore
7 Spain
8 Oman
9 Austria
10 Japan
11 Norway
12 Portugal
13 Monaco
14 Greece
15 Iceland
16 Luxembourg
17 Netherlands
18 United Kingdom
19 Ireland
20 Switzerland
21 Belgium
22 Colombia
23 Sweden
24 Cyprus
25 Germany
26 Saudi Arabia
27 United Arab Emirates
28 Israel
29 Morocco
30 Canada
31 Finland
32 Australia
33 Chile
34 Denmark
35 Dominica
36 Costa Rica
37 United States of America
38 Slovenia
39 Cuba
40 Brunei

DroidPhysX

Socialist healthcare is badddd!!!!111!!!:|

Good grief, how do people believe that.

And i knew it was 37th:P

There was a Republican on Real Time with Bill Maher the other day that was making some absurd claims about how it's a fundamentally flawed system. I don't recall the specifics all I remember is the audience laughing for a bout two minutes straight. lol

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scorch-62

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#46 scorch-62
Member since 2006 • 29763 Posts
I wish them good luck in getting that ruling through SCOTUS. Mandated healthcare is being paid for through taxes.
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surrealnumber5

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#47 surrealnumber5
Member since 2008 • 23044 Posts

[QUOTE="brendanhunt1"]

World Health Organization's 2010 rank

1 France
2 Italy
3 San Marino
4 Andorra
5 Malta
6 Singapore
7 Spain
8 Oman
9 Austria
10 Japan
11 Norway
12 Portugal
13 Monaco
14 Greece
15 Iceland
16 Luxembourg
17 Netherlands
18 United Kingdom
19 Ireland
20 Switzerland
21 Belgium
22 Colombia
23 Sweden
24 Cyprus
25 Germany
26 Saudi Arabia
27 United Arab Emirates
28 Israel
29 Morocco
30 Canada
31 Finland
32 Australia
33 Chile
34 Denmark
35 Dominica
36 Costa Rica
37 United States of America
38 Slovenia
39 Cuba
40 Brunei

DroidPhysX

Socialist healthcare is badddd!!!!111!!!:|

Good grief, how do people believe that.

And i knew it was 37th:P

we have had socialized medical care for years now, they were called medicare and medicade also doctors cant turn away people who needed emergency care. this is where it got us. dont forget all of the state imposed corporatism, we are far far away from a free market medical system

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#48 DarkGamer007
Member since 2008 • 6033 Posts

[QUOTE="DarkGamer007"]

[QUOTE="surrealnumber5"] you dont need to drive and as far as i know the need for car insurance is decided by the state not the fedsurrealnumber5

I live in the suburbs, driving is required to get anywhere.

then move... driving is never a required part of life.

That is not an acceptable counter, my family cannot just move into a different area that easily, that would require me to transfer schools, one of my parents their jobs, we would first have to sell our house, purchase another that would likely be more expensive, and we would have to get rid of our pets. To add to this if the solution was to just move, space in the cities would become more limited and cramped and leave the suburbs empty and people like farmers could not just move to the city. Unless we get bus routes out in the suburbs, at which point the bus company would have to pay for insurance making the point moot, driving is required if you live in the suburbs.

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Former_Slacker

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#49 Former_Slacker
Member since 2009 • 2618 Posts

[QUOTE="DreamnDayUnite"]Thank God I live in a country with free healthcare.limpbizkit818

No matter many times the term "free healthcare" gets rebutted, it keeps getting used. *sigh*

Any who, I really wish judges would base their rulings on the Constitution and not their political views.

By "free" they mean free at the point of delivery.

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#50 deactivated-59d151f079814
Member since 2003 • 47239 Posts

[QUOTE="DroidPhysX"]

[QUOTE="brendanhunt1"]

World Health Organization's 2010 rank

1 France
2 Italy
3 San Marino
4 Andorra
5 Malta
6 Singapore
7 Spain
8 Oman
9 Austria
10 Japan
11 Norway
12 Portugal
13 Monaco
14 Greece
15 Iceland
16 Luxembourg
17 Netherlands
18 United Kingdom
19 Ireland
20 Switzerland
21 Belgium
22 Colombia
23 Sweden
24 Cyprus
25 Germany
26 Saudi Arabia
27 United Arab Emirates
28 Israel
29 Morocco
30 Canada
31 Finland
32 Australia
33 Chile
34 Denmark
35 Dominica
36 Costa Rica
37 United States of America
38 Slovenia
39 Cuba
40 Brunei

surrealnumber5

Socialist healthcare is badddd!!!!111!!!:|

Good grief, how do people believe that.

And i knew it was 37th:P

we have had socialized medical care for years now, they were called medicare and medicade also doctors cant turn away people who needed emergency care. this is where it got us. dont forget all of the state imposed corporatism, we are far far away from a free market medical system

As it should be in a field where peoples health and lives are on the line..