The Affordable Healthcare Act and the Supreme Court

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The Affordable Health Care Act (AHA), signed into law in 2010, was modeled closely after the Massachusetts Health Care act that ensured health coverage for most, if not all, state citizens. Mitt Romney, as governor of Massachusetts, believed that everyone should have some affordable insurance provided by the state if people could not afford or do not have health coverage. President Barack Obama, with the help of the writers and designers of the Massachusetts health insurance law, designed and developed the Affordable Health Care Act for an entire nation.

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Republicans were quick to label the AHA "Obamacare" as an insulting negative slur, only to realize that brother Romney also had passed and signed into law the same mandate in Massachusetts (Romneycare, anyone?). What Republicans do not want of this new law is to share in the benefits what they have been using since the Nixon administration. Politicians such as Boehner, Cantor, McConnel, Issa, Bush, and the rest have always taken advantage of free federal health care. It would not surprise anyone to know that even Cheney uses the free federal health care more than Limbaugh abuses Oxycontin.

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Cheney recently had a heart transplant, surpassing other younger patients waiting for an organ transplant. According to the American Medical Association (AMA), younger and more healthy patients have precedence to receive organ transplants first over older patients (usually in their mid 60's and older) regardless of wealth and status. This rule by the medical community was to insure that those with a better chance of survival would benefit greatly for themselves and their family. Apparently, rules do not apply to Republicans, especially Cheney. Obviously Cheney used the free "socialist" health Care paid for by tax payers and is now enjoying a heart he cut in line for. One has to wonder, how much was his deductible? Oh yeah! It was FREE!

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When "Obamacare" was enacted into law, some states implemented it on schedule or early, mostly in blue states with unheralded success. Red states continue to hold back with Texas being the last state to (yet) enact the law. Red states have challenged the AHA's constitutionality as a reason to not implement it, not admitting to the public that the AHA's intent is to curb insurance companies from raising their rates, denying coverage, or dropping customers because they got sick or injured. So much for the "helping hands"! If Cheney was a regular client with insurance some Americans have, he would have been dropped after his third heart attack.

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Now, we reach the culmination of the lawsuit challenge in the Supreme Court, and Republicans are quick to pounce on four of the justices as being "activist" in their decisions. One did not realize that Republicans were also mind readers! After days of hearing arguments. it was reported that five of the "conservative" justices, all of whom were appointed by Republican presidents (excluding Justice Sotomayor who was appointed by Dub'ya), are ready to invalidate the AHA law entirely despite 71% of public support in favor of the law. It seems there are "activist" justices on the Supreme Court bench after all: Samuel Alito, Clarence Thomas, John G. Roberts, Antonin Scalia, and Anthony M. Kennedy as a swing vote justice.

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According to the Code of Conduct of United States Judges (this includes Supreme Court justices), each justice must adhere to the five Canons under the code of conduct. One particular Canon states "A judge should perform the duties of the office fairly, IMPARTIALLY, and diligently", (click on the link: http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx ).

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Although it may seem that the five listed justices are poised to strike down the AHA law entirely, it only raises the question of ethics and impartiality each one has sworn to uphold as Supreme Court justices. What does it say about the Republican party that wants to deny affordable coverage to all Americans and keep it for themselves? Is this truly a matter of looking after the best interests of the people, or to the best interests of the health insurance industry?

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According to one of the justices (Scalia) who opined the mandate as forcing people to buy the coverage is akin to forcing people to eat broccoli, what does it say about the "forced" requirement that people buy car insurance? Obviously it makes sense for people to get car insurance because you cannot buy or use a vehicle without some form of liability. However, you cannot buy a house without house or home owner's insurance. Maybe it was applied to "mobile" homes but was mandated for all forms of homes. Gotta have property insurance when you open a business; it's "mandated" by banks as well as local and state laws.

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If Republicans want you to believe there are "activist" justices, they are correct. They are: John G. Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito with Anthony M. Kennedy as the deciding justice.

Republicans' War on Americans

...Please read blog first.

In view of what the four current Republican presidential candidates have promised in their campaigns, it becomes more relevant that their agenda is more about control and those they summon to reign dominion over.

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Their actions and speeches are merely ideological rants of the Republican Tea Party, and the Republican Party itself, to ensure votes in support of an oligarchy government. The middle-class and working poor that support such a party are either overcome with their empty promises or are not intelligent enough to understand that they themselves are only pawns and will not benefit anything from another Republican administration except a return to high unemployment, an economy that only favors the rich 1%, another war, and (my favorite) "less government" with more government intrusion.

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In light of the Rush Limbaugh "apology", it was not intended to insight regret on his behalf to Sandra Fluke, a third-year law student, but to try to minimize his entire rant to two key words that he could not get away from; "slut" and "prostitute". Limbaugh's "apology" was only about him being a victim of the "liberal media". In case he missed it, he is a part of that same "liberal media" because of the liberty he takes to bully anyone who disagree with him and to bash President Barack Obama and his administration on the air.

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The premise of the Republican party and the RNC (Republican National Convention), is regression, not progress. It is clear in how red states are pushing their legislature to write and pass new Jim Crow laws by restricting the voting rights of minorities, students, women, the elderly, and the poor, based on a problem that does not exist. If the Republicans are so adamant of such voting restrictions, then they should have no problem exercising such restrictions in their primaries when they vote for their candidate.

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Now, at the forefront, Republicans want to eliminate a woman's right to choose and concentrating on eliminating Planned Parenthood entirely. Each Republican presidential candidate have expressly and clearly identified that organization and any "affiliate" associated with Planned Parenthood as a target to shut down if either one becomes president. Red states cannot shut down a government-sponsored organization such as Planned Parenthood because it would violate the Supreme Court ruling of Roe v. Wade. Instead, they have enacted laws to deny funding to such an organization that helps millions of working poor women.

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Although such laws are in violation of Roe v. Wade, it is an end-run around the federal law itself. Texas Governor "Doctor"Rick Perry seems to think he knows more about female anatomy than women and actual physicians do. Recently, Doonesbury cartoonist Garry Trudeau penned and sketched six panels depicting "Dr." Perry's new invasive sonogram law, only to have most newspapers deny publication and place alternative Doonesbury comics in place and, in some papers, relegated Doonesbury to the "Opinions" section of the paper.

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Without further adieu, here is Doonesbury, by Garry Trudeau (go back to top of blog):

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The Republican Warlords.

In the wake of women's rights for contraception in President Barack Obama's new health care law, Republicans chose to attack the plan under the ruse of "protecting" religious freedom. This is an example of an organization grasping at straws simply because Republicans cannot dispute any of the successes the president has achieved.

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Republicans cannot dispute a faster-than-expected recovering economy, a foreign policy that has mended relations with our allies, a successful military action that resulted in the death of Osama Bin Laden and Awal Al Maliki, ending the war in Iraq, passing a health care law that covers all Americans, reducing the need for foreign oil while expanding domestic oil exploration, thus exporting more oil than we consume, not seen since the 1960's, and now, a contraception plan that covers women's health and appeases churches.

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Now, drawing on a wedge issue that Republicans favor, is to use religion as a weapon to deprive a woman's right of equality by denying health coverage, contraception, and forcing laws that intrude on women's bodies. It was one's understanding that Republicans were for limited government but, as usual, are more inclined to take away their rights of choice by telling them what they can and cannot do to or with their bodies and force doctors to perform unnecessary intrusive medical procedures under the threat of arrest.

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It is bad enough that red states enacted their own destructive and intrusive laws to circumvent Roe v. Wade, but to force their will upon women amounts to nothing more that state sanctioned rape. Kansas virtually allows super pro life suspects to murder doctors who perform abortion or prescribe birth control related prescriptions. Although those suspects were caught, judged, and sent to prison, the state's Republican Attorney General was reluctant to administer the full extent of the law because he is "pro life". Texas Republican Governor Rick "See, I'm a bigger Christian and I carry a gun" Perry enacted redundant sonogram laws that are also intrusive and force doctors to demean and humiliate women who choose to abort a pregnancy and force them to wait much longer before performing the procedure.

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And now at the apex of the issue, Rush "where's the Oxycontin?" Limbaugh has resorted to attacking a third year law student by calling her a "slut" and a "prostitute" for testifying the need for women's contraception. Where is the proof to his conclusion? Limbaugh, through his rant against the student, wanted her to "have sex" and "post it on the internet so he could watch". Rush is now abdicating pornography.

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Through the outrage and backlash from all sides, some Republicans had to repudiate Rush's tirade, even Rick "I was Tea Party before there was a Tea Party" Santorum said Rush's rant was "absurd". Although John Boehner had a chance to personally say something, he chose to let his spokesperson to speak for him. I thought he was the Speaker of the House and could "speak" for himself. The other Republican presidential candidates did offer some slight repudiation, but Mitt "I'm rich and you're jealous" Romney did not say anything for almost 48 hours after the backlash. It was recently noted that Clear Channel broadcasts Limbaugh's show and owns the the rights, but it is also known that Bain Capitol owns Clear Channel and Romney owns stocks and shares of Bain Capitol, essentially making him Rush's boss. This is clearly a "firing" offense for Romney to influence, but it becomes even more clear that Rush is the mouth piece for the Republican Party.

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Because of the backlash, Rush had to apologize. Rush's "apology" was more about himself than it was about being sincere to the young law student. I am sure suing Rush for Defamation of Character and Slander comes to mind from many law students and lawyers, but until then, Rush will continue to slander any one, group, or entity that is not "conservative". Rush should practice that term and conserve his one-man war of words against anyone with a different opinion while Clear Channel should consider firing him. Until then, Limbaugh will continue to speak for the Republican Party while the "candidates" allow him and his followers to continue to hate.