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berni_mccoy

(23,018 posts)
Tue Mar 27, 2012, 11:23 AM Mar 2012

Dear Supreme Court: An existing precedent you should examine

This precedent is a law that requires people pay for a product, a service,...actually...a medical insurance in fact, for which they may never use.

There is indeed a penalty for not paying the premium, which is actually called a tax.

Anyone who receives a paycheck must enroll and they pay for this product before they can ever use it. Furthermore that product only covers a selected subset of the population.

That precedent is called Medicare.

If you undo the ACA, you are effectively undoing Medicare. It does not matter that the insurance is a public or private policy. The decision you make could preserve both or undo both.

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Dear Supreme Court: An existing precedent you should examine (Original Post) berni_mccoy Mar 2012 OP
"If you undo the ACA, you are effectively undoing Medicare." zbdent Mar 2012 #1
It seems to be the intent atreides1 Mar 2012 #2
The penalty is a penalty not a tax. You may consider it semantics but if was supposed to be TheKentuckian Mar 2012 #3
Sorry, poor choice of words berni_mccoy Mar 2012 #4
Not exactly true Bandit Mar 2012 #5
There is no tax, it is a penalty. It isn't a deduction but rather a penalty for not paying your TheKentuckian Mar 2012 #10
Who provides your medicare? Is it BCBS or United? nt Snake Alchemist Mar 2012 #6
Can you explain... berni_mccoy Mar 2012 #7
Answer my question and it will be obvious. Snake Alchemist Mar 2012 #8
Interesting point... berni_mccoy Mar 2012 #9

zbdent

(35,392 posts)
1. "If you undo the ACA, you are effectively undoing Medicare."
Tue Mar 27, 2012, 11:32 AM
Mar 2012

isn't that the intent of the Republicans?

Of course, that would piss off all those TEAhadists who are ON Medicare ...

atreides1

(16,079 posts)
2. It seems to be the intent
Tue Mar 27, 2012, 11:37 AM
Mar 2012

As for the TeaBaggers...just like all blind idiots...it won't register until it's too late!

TheKentuckian

(25,026 posts)
3. The penalty is a penalty not a tax. You may consider it semantics but if was supposed to be
Tue Mar 27, 2012, 11:56 AM
Mar 2012

a tax then it would have been written as such.

Any penalty is for tax evasion, not a penalty for not paying premiums.

Congress refused to fund the healthcare system through taxes, you don't get to go back and pretend they did to make an argument. A penalty for inactivity in for profit commerce is not a tax, even if it spends the same to you. I think you are flirting with Republican re-labelling tactics, twisting agreed upon terms until they fit your agenda.

 

berni_mccoy

(23,018 posts)
4. Sorry, poor choice of words
Tue Mar 27, 2012, 12:16 PM
Mar 2012

I said there was a penalty for not paying the premium, which is a tax (the premium is a tax, not the penalty).

The penalty is a penalty, yes, and you will still have to pay the premium (FICA, a payroll tax) on top of the penalty, which is more than what the ACA does.

Bandit

(21,475 posts)
5. Not exactly true
Tue Mar 27, 2012, 12:25 PM
Mar 2012

Most people will already have insurance and they get a tax CREDIT for that. If you won't purchase insurance you will have to pay that tax. There is no real penalty because the way the Law is written if one chooses not to pay any "Penalty" nothing can be done to them for refusing to pay.. So in essence there is NO Penalty at all.

TheKentuckian

(25,026 posts)
10. There is no tax, it is a penalty. It isn't a deduction but rather a penalty for not paying your
Thu Mar 29, 2012, 02:03 AM
Mar 2012

tithe to the insurance cartel and yes something can be done because most of us have our taxes deducted, if we are due a refund they will deduct the penalty. I am not clear whether that liabilty eventually translates into a tax liability or not but regardless it will pile there and eat up refunds.

You are being penalized for inactivity, it isn't regulating freely entered into commerce either.

You aren't regulating how I grow wheat, you are compelling me to produce wheat if I even want to farm or not.

In fact, it is worse because they don't actually tell you what to produce, that is left to your employer. You could actually just produce food, according to Uncle Sam but rather than let people sign up (on a system being set up for the unemployed and self employed to pick what crop or livestock they wanted), they let your boss man decide if you are going be a moonlight dairyfarmer, grow some tomatoes, fish, or whatever. Dictating your out of pocket costs and time investment.

Nor is it even akin to conscription, unless you think that to protect a particular industry we can be ordered to knock out some shifts at the bank or be made to do a tour with Haliburton.

 

berni_mccoy

(23,018 posts)
7. Can you explain...
Tue Mar 27, 2012, 02:15 PM
Mar 2012

what difference that will make if ACA is turned over by the Supreme Court? Medicare will be unconstitutional for the same reasons.

 

berni_mccoy

(23,018 posts)
9. Interesting point...
Tue Mar 27, 2012, 06:49 PM
Mar 2012

I wonder why the SC decided to hear the case then... do you think it is so it looks like they tried?

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