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#321 |
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Graduate Poster
Join Date: Dec 2006
Location: South Bend, IN
Posts: 1,024
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I don't think it's dictum, but I'm not entirely sure. I think Roberts crafted the opinion in such a way that the commerce clause section is necessary to the holding. The majority opinion construes the mandate as a tax, even though that is admittedly a stretch (according to the opinion; I'm not editorializing here).
Because the mandate clearly was not written or intended as a tax, the question of whether the mandate is constitutional under the taxing power is raised only because the commerce power does not justify it. Were it not for the holding that the commerce clause does not justify the mandate, such a reworking of the statute (turning the mandate into a tax when it was not written or intended as one) would clearly be improper. However, when it is the only way to construe the law as constitutional, and the re-interpretation is at least reasonably plausible, the court can (and has in the past) change a law to make it constitutional, as long as Congress's intent is sufficiently clear. An example would be the case where the Federal Sentencing guidelines were changed by the court to make them advisory rather than mandatory, because they would be unconstitutional if mandatory. Whether the conditions necessary to justify judicial reworking of the statute are met is debatable, but the fact that Roberts relied on that principle of statutory interpretation seems to make the Commerce Clause analysis a necessary part of the holding. As to whether it changes CC jurisprudence, I'd have to say it does, assuming a future Supreme Court does not overrule it. It is the clearest limitation of the commerce power that the Court has ever articulated, although I think those who say that the Court has "gutted" the commerce clause with this ruling are greatly exaggerating. That's my take, anyway. I'm curious what others have to say on the matter. EDIT: Also, as has been mentioned already, whether it is holding or dictum is of little practical consequence. Lower courts are not going to ignore it just because they think it's dictum, and a future Supreme Court can overrule it even if it's part of the holding. |
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William Roper: So, now you give the Devil the benefit of law! Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil? Roper: Yes, I'd cut down every law in England to do that! More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? |
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#322 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#323 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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Cool! Another part I did not know about......$151 bucks!! Nice! I can take the family out on the boat!!
Again, I don't really follow politics, so you'll have to dumb this down for me. Republicans and democrats are about the gist of my political knowledge... |
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#324 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#325 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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Back in the 80s the Republicans began adopting the campaign technique of doing focus groups (Google Frank Luntz) and finding single, emotionally triggering talking points that swayed voters. Using the best marketing techniques Madison Avenue researchers had to offer, (they put Goebbals to shame), Karl Rove and Frank Luntz teamed up. Rove developed the "Play Book" using Luntz's focus group data. The result was an extremely powerful method of manipulating beliefs via how issues are framed.
A narrative is essentially a way of framing an issue so that the images called up influence what people believe about the facts. So, for a related-to-the-thread example, the AHCA is either an important piece of legislation moving the country forward, or it is a socialist milestone marking the government takeover of your health care, complete with death panels and new heavily burdensome taxes. The Republican playbook of framing issues has been so successful they regularly influence the mainstream media's narrative: The Latest Proof that the Karl Rove Playbook Has Become the MSM's Bible The more Progressives buy into these narratives instead of countering them, the more the right wing ideology invades our lives. |
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(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#326 |
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Philosopher
Join Date: Aug 2001
Posts: 9,869
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Karl Rove may have been very good at it, but I don't think he invented it, and I don't think he inspired everyone that does it.
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#327 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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Gotcha. Let's not get TOO far into the political realm, as it may end up split, and some shiny yellow cards given.....
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#328 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#329 |
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Nap, interrupted.
Join Date: Aug 2001
Location: a little toolshed
Posts: 18,592
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My father may have a letter in Monday's Wall Street Journal on this issue.
~~ Paul |
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Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. ---Susan Ertz RIP Mr. Skinny |
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#330 |
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Philosopher
Join Date: Mar 2009
Posts: 5,497
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"The problem with socialism is that you eventually run out of other people's money." M. Thatcher, Economics: Share The Wealth. Obamanomics: Share The Pain. ![]() Important things in life–beauty, grace, redemption, compassion, loyalty, love–are beyond the reach of reason. Which doesn’t make them any less real. |
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#331 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#332 |
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Philosopher
Join Date: Mar 2009
Posts: 5,497
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Anyone know of an analysis that predicts what will happen to married man-wife, primary for both Medicare excluding Part D drugs, plus a ex-employer supplied supplemental that includes drug coverage ($300 deductible) and major medical ($3000 deductible).
Cost for all currently exceeds $5000/yr. |
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#333 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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No, a tax is not a choice. It's the law.
The government is leveling a tax on anyone who doesn't carry their own heath insurance. To call it anything else, is painting a pile of **** red, and calling it a rose. It's a tax. And me personally, I am ok with it. If someone chooses not to purchase health insurance, they will be taxed. No if ands or buts about it. (With a few exceptions of course....) What other choice do they have? |
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#334 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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The choice is, buy the insurance you can afford, OR, pay the tax. You really are looking through some pretty narrow glasses there. You can't seem to see any bigger part of the picture than the Republic narrative.
Given that choice, buy insurance or pay the tax, how does this differ from forcing you to buy fire or EM services? You don't have a choice. You have to pay the tax whether you like it or not, whether you choose to use the service or not. You don't hear a lot of grumbling about that mandate. |
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(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#335 |
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Philosopher
Join Date: Aug 2005
Location: Portland, OR
Posts: 5,847
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I think you actually have it backwards. The vast, vast majority will not be faced with this situation as they will have medicare, medicaid, subsidies, and employer based plans. The tiny fraction left will face this choice. I believe in Massachusettes the percentage is around 2% of the population who are affected by the penalty.
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#336 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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Republic narrative? Really? Come on SG, I've already stated 100%, without question, I am for the AHCA. While I still have my doubts on how this will really work. If it works, awesome! Now, on to step two of a national healthcare system. If not, we go back, retool it, rewire it, and give that a shot.
Exactly. There IS no choice. Either you give the money to the insurance companies, or you give money to the government to cover your fair share. I understand that. Believe me, I do. I'm all for it. But, I am parting ways with some of my hard earned money, one way or another. It's a tax. I personally think it would have been easier to just implement a national tax, that everyone pays, no matter who you are, through an increase in sales tax, and cut out the insurance companies. It most likely wouldn't have taken 900 pages to explain either. I don't mind a little extra tax, really. Now, 20% extra......no. 1-2% on everything (excluding food) and all that money goes to UHC. Simple. Nobody can skirt the law, people working under the table pay it, criminals pay it, everyone pays it. No matter what. (Homeless of course....) Because everyone that owns a property pays it. People are not allowed to self insure, or bill upon service. It's a tax that everyone pays, no matter what. Every business, school, private club, residence, daycare, and fast food joint, pays a property tax. People can't buy their own insurance that says that their own personal fire department will show up.... Correct. because EVERYONE pays the tax. Some aren't exempt, because they have their own personal fire department. Even Disney World, (Who actually has their own fire department {Reedy Creek Fire District}) pays their property tax. Everyone pays it, there's no way around it. Even unimproved land pays the property tax. I have 5 acres out in Holopaw Florida that I bought, and use as a hunting camp. I pay, every year, $433 to Osceola County for fire protection. In the 15 years that I have owned it, i've never had a fire. Not even a small one. But I couldn't tell Osceola County that I am not paying it, because I will take care of it myself. |
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#337 |
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Penultimate Amazing
Join Date: Jun 2009
Location: The South!
Posts: 12,176
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No, I had it right. There are a few exceptions to the tax. I think Native Americans, living on tribe owned land, don't have to pay it, and people who've had a religious belief that they can prove they adhere to, that prevents the use of medicine or medical care. Those are the only people whom are exempt from paying the "No insurance" tax. I do agree that very few will be faced with the tax much past about 2014.
Well, unless you live in Florida. Not sure how this is going to work.... http://www.floridatoday.com/viewart/...news|text|Home |
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"The horse has been led to the water, the horse is in fact standing up to its knees in the water, but the horse is telling you in a loud voice that there's no water to be had....he's still so very thirsty!" ~alienentity |
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#338 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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Why would your position negate the Republic narrative? Why would your position make you immune from buying said narrative or repeating it?
Either-or is not a choice? ![]() Limited choices are not the same as no choices. This whole semantic argument resulted from you not recognizing the choice I referred to. If you want to debate the merits of limited choice vs no choice, that is a different discussion. So let's discuss that. If you chose not to carry health care, that forces a tax on me that I have no choice over. I cannot chose to let you die on the ED steps. I am therefore forced to pay the tax/penalty/cost (it all comes out to the same dollar amount no matter what you call it) because you get care you don't pay for. If I part ways with some of my hard earned money because the law says I can't chose to let you die on the ED steps, how does that differ from your tax? Keep in mind the law says the hospital cannot turn you away even if it knows you will not pay. When you say, "easier", what do you base that on? The Republics in Congress absolutely refused to vote for anything called a tax. And? And? And? How is that relevant to grumbling about one tax and ignoring another equivalent tax? |
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(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#339 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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__________________
(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#340 |
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Philosopher
Join Date: Aug 2005
Location: Portland, OR
Posts: 5,847
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No there are lots of exceptions:
Religious exemptions. People incarcerated. Americans living abroad. Hardship. Then there are people who won't qualify for the penalty even though they aren't buying coverage for themselves: Medicare patients Medicaid patients Employer plans People who don't make enough money will get subsidies. The number of people who will likely pay the penalty (which is $95 in 2014) will be <5%, and those will be 100% made up of people who can afford insurance but choose not to buy it. Not to mention that having insurance is a huge exception to the tax, which is of course the whole point of having it. |
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#341 |
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Illuminator
Join Date: Dec 2007
Location: DM79
Posts: 4,203
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If I recall correctly, the Federal government is allowed to set up health insurance exchanges if a state doesn't act. But if Florida doesn't cooperate, they will end up with a greater percentage of uninsured residents than other states and more people paying the penalty for not having insurance. Florida residents will also have to pay the other taxes that are part of the bill regardless of state cooperation.
Hospitals will end up treating some of these people regardless, and shifting the costs to insured patients. Florida residents will end up paying more for insurance. Florida emergency rooms will also have more uninsured patients clogging the waiting rooms. |
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#342 |
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Philosopher
Join Date: Aug 2001
Posts: 9,869
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And they'll happily blame the new law.
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#343 |
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Join Date: Sep 2007
Posts: 5,790
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Do you have an estimate for what the cheapest possible health insurance would be then?
For instance, the cheapest possible car insurance, that still meats all the legal guidelines, is around $30 a month. Remember, someone making minimum wage in this country and working 30 hours a week barely brings home $1000 a month. |
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#344 |
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Penultimate Amazing
Join Date: Jan 2003
Location: Japan
Posts: 15,757
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“Some men are born mediocre, some men achieve mediocrity, and some men have mediocrity thrust upon them. With Major Major it had been all three.” ― Joseph Heller, Catch-22 |
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#345 |
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Penultimate Amazing
Join Date: Jan 2003
Location: Japan
Posts: 15,757
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A Children’s Treasury Of Wingnut Obamacare Freakouts
Quote:
Quote:
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“Some men are born mediocre, some men achieve mediocrity, and some men have mediocrity thrust upon them. With Major Major it had been all three.” ― Joseph Heller, Catch-22 |
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#346 |
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Grammar Resistance Leader
Join Date: Aug 2006
Location: Pattaya, Thailand
Posts: 20,516
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Ha! Foolmewunz has just been added to the list of people who aren't complete idiots. Hokulele Don't you wish someone had slapped baby Hitler really really hard? [i] Dr. Buzzo 02/13 [i] |
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#347 |
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What was the question?
Join Date: May 2009
Location: Central Vale of Humility
Posts: 7,908
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Just a small nit to pick here. Most Medicare patients do buy coverage for themselves of one sort or another. If they are not already paying for insurance through some other means (spouse, pension plan, elective private policy,...) they are supposed to purchase Part B coverage from the government. This cost is deducted from any benefits they might receive as a monthly stipend from SSA. Around $100 per month (or more, depending on income.) For some (couples especially) living on disability or retirement income alone this can amount to a substantial percentage of their income. Yes, they can "opt out". But if they choose to do so, and do not provide alternative coverage then up the road they will very likely encounter penalties. Not all that different from the ACA approach. |
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#348 |
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Illuminator
Join Date: Dec 2007
Location: DM79
Posts: 4,203
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The law provides subsidies for households that earn less than 400% of the Federal poverty level. The subsidy limits their total expenditures for health insurance to the range of 2% to 9.5% of total income.
A single person household earning minimum wage for 30 hours a week would be very near the poverty level and qualify for the highest subsidy. They would probably qualify for Medicaid, but if they didn't they would pay only 2% of their total income, or roughly $20 a month for health insurance. |
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#349 |
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Philosopher
Join Date: Aug 2001
Posts: 9,869
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Once this begins, a very good statistic to pay attention to is how many people actually are assessed the penalty.
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#350 |
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Philosopher
Join Date: Aug 2005
Location: Portland, OR
Posts: 5,847
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#351 |
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Philosopher
Join Date: Aug 2005
Location: Portland, OR
Posts: 5,847
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I wonder if it will differ wildly from the rates in Mass? In Mass, it's 98% participation. But will there be a segment of the nation who will do some sort of crazy civil disobedience that will result in more people incurring the penalty than there should be?
We know Jindal is making noises like he won't institute the exchanges, but not Rick Scott is saying the same thing. I wonder if Red Staters will end up with objectors who bring the penalty on themselves so they can scream about TYRANNY? By the way, I'm going to start a thread on what the exchanges will look like in each state. I'm curious about how this is being handled. |
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#352 |
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Illuminator
Join Date: Dec 2007
Location: DM79
Posts: 4,203
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Lots of people will make noise, encouraged by the usual right wing pundits on talk radio. The web sites already devoted to idiot legal theories and freeman on the land woo will take up the cause. But in the end, the IRS will collect the tax and assess penalties. And a few of these nut cases will end up in bankruptcy due to medical bills.
The brighter residents of the states that don't cooperate will notice that they are paying all the new taxes, but not getting the same level of benefits as the states that do. Perhaps they can convince their neighbors to vote in a new set of politicians. |
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#353 |
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Philosopher
Join Date: Aug 2005
Location: Portland, OR
Posts: 5,847
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#354 |
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Illuminator
Join Date: Dec 2007
Location: DM79
Posts: 4,203
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#355 |
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Suspended
Join Date: Jan 2012
Posts: 1,860
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I imagine most health care providers would prefer to be paid upfont in cash rather than having to deal with insurance companies. Nobody is stopping these morons from doing that. Well, except reality as few people can afford to pay for any kind of healthcare they might need in cash.
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#356 |
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formerly skeptigirl
Join Date: Feb 2005
Location: Shifting through paradigms
Posts: 40,566
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__________________
(*Tired of continuing to hear the "Democrat Party" repeatedly I've decided to adopt the name, |
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#357 |
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Join Date: Sep 2007
Posts: 5,790
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#358 |
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Join Date: Sep 2007
Posts: 5,790
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#359 |
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Illuminator
Join Date: Mar 2006
Location: Hartford, CT
Posts: 4,054
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I took the time to make this graphic as to which states have chosen to take the ACA or not; or have at least accepted or rejected the grant that goes with it.
https://docs.google.com/open?id=0B__...VBHY0EyNFYtVzQ This information is based upon this article, which I thought was very interesting. http://m.apnews.mobi/ap/db_6776/cont...tguid=S4ha0QCe |
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"How perverted you are.", "I will bite you like a serpent. The poison will slowly kill your sophism..." - SnakeTongue "More truth is in a single issue of Mad than a year of Time." - Gord in Toronto "Oh, and one more thing: For those who fight for it, life has a flavor the sheltered will never know." - Wise man in Sucker Punch |
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#360 |
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What was the question?
Join Date: May 2009
Location: Central Vale of Humility
Posts: 7,908
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