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Unintended Consequence: The Law Suits Begin

Posted Apr 04 2010 7:40am

 

Stanley Feld M.D.,FACP,MACE

 

President Obama and the Democratic Party controlled congress have used multiple procedural tricks to pass a terrible healthcare reform bill. In the opinion of many constitutional lawyers they have passed legislations that are unconstitutional.

The majority of the public has felt President Obama and the Democrats have ignored the will of the people. President Obama does not think so. He has stated Americans will decide in his favor in the November midterm elections.

President Obama has been disingenuous and arrogant in his selling his healthcare reform bill. His attitude was made clear during his speech in Maine on April 1st. (Go to you tube below and start at 7.47 minutes).

President Obama’s goal is default to the public option. The public will have no other choice.

The public option will socialize medicine, increase taxes, increase healthcare insurance premiums (subsidized by the government, ration care, decrease access to care, eliminate freedom of choice, decrease the quality of care and bankrupt the nation.

Federal deficit spending has increased to over 2 trillion dollars this past year. The federal deficit ceiling has been increased from $11 trillion to almost $14 trillion dollars. Despite all the deficit spending unemployment is almost 10% and not falling. The only new jobs are government jobs or government related jobs.

The legislative and executive branches of government have totally disregarded the will of the American people. The only option left for the public is to appeal to the judicial branch of government.

Legal action does not add value to the healthcare system. However, when people feel abused they take legal action. The winners are always the lawyers.

The losers will be the taxpayers. Taxpayers will be paying both the plaintiff and defendant fees to lawyers.

There is no question the healthcare system is dysfunctional. President Obama’s healthcare reform bill will make the healthcare system worse.

I have demonstrated that the healthcare reform bill can only increase the deficit. The bill might appear to have the potential to reduce the deficit because of the disinformation the administration feeds to the traditional media.

There has been much criticism of the AMA and its President because of the position they have taken to support the healthcare reform bill. The AMA is losing membership. Other physician organizations such as Sermo and the Association of American Physicians and Surgeons have an equal number of members

The Association of American Physicians and Surgeons (AAPS) became the first medical organization to sue the government to overturn the newly enacted health care bill, the Patient Protection and Affordable Care Act (PPACA). AAPS v. Sebelius et al.).

If the PPACA goes unchallenged, then it spells the end of freedom in medicine as we know it,” observed Jane Orient, M.D., the Executive Director of AAPS. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients.”

The law suit makes many compelling arguments. These arguments represent the vested interest of patients first. Physician leadership and input is required to educate the public and the courts.

  1. “There will be a dire shortage of physicians if the PPACA becomes effective and is not overturned by the courts.
  2. The PPACA requires most Americans to buy government-approved insurance starting in 2014, or face stiff penalties.
  3. This violates the Fifth Amendment protection against the government forcing one person to pay cash to another. AAPS is the first to assert this important constitutional claim.

Insurance company executives will be enriched by this requirement. Federal and State government will be forced to subsidize the unaffordable healthcare insurance premiums. Ultimately taxes will be increased. The result will be a slowing of the economic recovery.

  1. The PPACA also violates the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation.

Taxing and spending power are unconstitutional when payments go to private healthcare insurance companies. President Obama and Congress recognized that PPACA cannot be funded without the insurance mandates.

5. The traditional sovereignty of the States over the practice of medicine is destroyed by the PPACA.

6. AAPS asks the Court to enjoin the government from promulgating or enforcing insurance mandates.

7. AAPS asks HHS Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide the Court with an accounting of Medicare and Social Security solvency.

8. Court action is necessary “to preserve individual liberty” and “to prevent PPACA from bankrupting the United States generally and Medicare and Social Security specifically,”

AAPS contends Congress imposed assumptions on the Congressional Budget Office resulting in the PPACA reducing the budget deficit. These include assumptions leading to a $500 billion savings in Medicare. The savings was accomplished by moving the Doctor Fix out of the Healthcare Reform Bill budget. Moving the Doctor Fix out of the healthcare budget still increases the federal deficit.

AAPS contends that Congress and President Obama know the opposite to be true. They know the CBO’s assumptions are unrealistic.

This law suit is the first of a long list of law suits to come. The states are lining up to defend their state sovereignty and protect their state budgets.

President Obama’s view is that everyone is playing into his hands. He has many legal tricks up his sleeves. The public is sick of his trick plays.

A fear is the American public will get tired of the healthcare debate before it is too late to repeal.

The education of the public must continue.

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone.

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