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Rep. Miller: Supreme Court Got It Wrong With Obamacare Ruling
July 2, 2012
Submitted by U.S. Congressman Jeff Miller
On Thursday, the U.S. Supreme Court voted to uphold Obamacare. This unprecedented overhaul of our health care system is the most controversial piece of legislation that I have seen during my tenure in Congress. Like millions of Americans, I fundamentally disagree with the Supreme Court’s decision. Simply put, the Constitution makes clear that the federal government has defined and limited powers. Forcing individuals to buy health insurance or be levied with an estimated $800 billion tax hike is clearly outside this power.
Unfortunately, the Supreme Court got this one wrong. It isn’t the first time the Supreme Court has issued an opinion that is just plain incorrect. In the infamous 1857 Dred Scott v Sanford case, the Supreme Court overturned the Congressionally passed Missouri Compromise and ruled that African-Americans were not U.S. citizens and thus not protected by the Constitution. This horrendous decision was eventually overturned by the 14th Amendment. In the 1896 case Plessy v Ferguson, the Supreme Court upheld state laws that required racial segregation. This decision was overturned by the 1954 Supreme Court case Brown v Board of Education. In 1944, the Supreme Court ruled in Korematsu v U.S. that because it was impossible to separate loyal Japanese-Americans from disloyal ones, the civil rights of all Japanese-Americans citizens could be restricted and the court upheld the charges against the plaintiff, George Korematusu. In 1983, these charges were overturned.
Victory for the Obama Administration in this case is a huge loss for the American people. This ruling means the largest tax increase in American history, up to 20 million Americans losing their employer-provided health insurance, an average increase in premiums of more than $2,000 per family, $500 billion in cuts for seniors on Medicare and trillions of dollars in additional debt. The American people don’t deserve to have the government involved in their personal health care decisions, and I believe that come November they will make it abundantly clear that this decision must also be overturned.
The Administration advanced three arguments to support its assertion that the law was constitutional. Tellingly, it was the Administration’s third-choice argument on which the Supreme Court relied to uphold the law. The law was allowed to stand because the Supreme Court found that the mandate to buy health insurance was actually a tax. However, from the beginning, the President repeatedly stated that his health care law was not a tax, only to have the Supreme Court ultimately uphold his signature law solely on the basis that it is a tax.
The American people have voiced their concerns over Obamacare for the past two years, and throughout the debate on the law, House and Senate Republicans repeatedly objected to this unprecedented government overreach. During a time of economic crises, the President and the large Democrat majority in Congress in 2010 chose to ignore the American people and shun Republican Members of Congress in an ill-advised attempt to engineer a government takeover of health care. During this time, the President could have been truly serving the needs of the American people by working with Members of Congress on both sides of the aisle to enact pro-growth policies to improve our economy and create wealth and jobs for all Americans. Instead, the Democrats acted on their own and, the American people have been forced to suffer the consequences.
While the Supreme Court may have upheld Obamacare, the House of Representatives will vote in July to repeal it in its entirety. House Republicans have already voted 30 times to repeal, defund, or dismantle all or portions of Obamacare. In the written opinion of the Supreme Court’s ruling on Obamacare, Chief Justice John Roberts wrote “members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgements. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.” Congressional Republicans will continue to stand in firm opposition to Obamacare, while Congressional Democrats and President Obama will likely continue to fervently support their extreme government takeover. However, come November it will be the American people who have the last word.
Comments
23 Responses to “Rep. Miller: Supreme Court Got It Wrong With Obamacare Ruling”
Your leader Romney that’s going to leed you out of Obama land called the health PENALTY A FINE NOT A TAX!!!! Why can’t yor follow your leader he’s got to be correct it’s Romney.
I think Obama should veto the Restore Act read the following.
I wonder why these republican tea party politicans call this a “water pollution fine” when it’s really A TAX IT’S REALLY A TAX!!!!!!!!!! I guess they use it in the context that fits a political issue. ITS STILL A TAX or it could be a FINE/TAX. Maby Obama should veto this bill since its a TAX. Also everyone shold be aware that this BP TAX /FINE can be used any way the county desires even if it’s not BP related. They still look like a group of vulchers looking for a free bee. I believe this BP MONEY TAX/FINE should be saved and banked for future spill clean up. The next company with a large spill might just throw there hands up and not clean it up like BP has done. We’re lucky BP has done what they have done.
REGARDING:
“Currently the insurance company’s have us over a barrel. We have to have it, they know it, so they can set the price. – - – there is a big difference in being well paid and accepting an unrealistic salary for something others have to have.”
Yes, legally we are currently required to have it. Nonetheless, we do not have to buy it from any particular provider. Therefore, no one of them has us over the barrel unless they are all colluding.
The shareholders elect the board of directors of corporations and the board sets the salary for the CEO. If they pay him more than they have to pay, that is a lower dividend for them. Therefore, it is reasonable to think they pay what they believe they must to get the kind of performance they demand. This makes him like other well paid performers: sports players, entertainers, former presidents..
David who only disagrees with a few
of those who are wrong
and even then only to help
Regarding David Hule Green,
The point of my comment is that if an insurance company is able to pay their CEO an obscene salary than they can make their insurance affordable. I am fairly confident that all health insurance is probably the same. In a competitive market they would have to do so or go out of business, In other words if my product cost less and is of equal value, the consumer would buy my product and the competitor would have to lower his price or go under. Currently the insurance company’s have us over a barrel. We have to have it, they know it, so they can set the price. This is comparable to the Irish Land barons. They had the land, the people needed it so they charged unrealistic rent, keeping the people in poverty. Our Forefathers escaped this kind of oppression and created the great country we are living in.
Regarding your comment: Despite what you have been told it is not robbery for someone to be well paid. No it is not robbery to be well paid. however there is a big difference in being well paid and accepting an unrealistic salary for something others have to have.
Jesse
who does not disagree with every other comment made
You ever notice that ever one who makes money is evil , unless they are a liberal? You know I grew up and the democratic party was a good thing, you know who killed it? The far left liberals, They should have founded their own socialist party and left my party alone. I notice that Holder is saying that the Republians are out to get him So why then did 21 of the democrats vote with them? Yep he’s guilt. And I hope they nail his sorry hide to the wall.
REGARDING:
“When the average small business owner has to pay $15,000 a year for family health insurance, and the CEO of Florida Blue has an annual salary of 4.7 million dollars, is not free enterprise, but robbery. The greed of the wealthy has caused every bit of this mess and the rest of the economic problems we are facing.“
Despite what you have been told, it is NOT robbery for someone to be well paid. It would be robbery if you were forced to give him your money but that hasn’t happened in the past. You were always free to not do business with his company or to do business with some other insurance company that didn’t pay its CEO as well.
If you didn’t buy from some other insurance company which paid its CEO less because they were too expensive, then who would be guilty of greed there?
Health insurance is expensive because health care is expensive. For some reason the doctors, nurses, technicians, suppliers and janitors want to be paid for their services so they can pay their bills and feed, clothe and shelter their children. Yeah, I know, they’re all greedy too. Everybody is greedy who wants to be paid for the work they do. Shame on them.
David surrounded by greedy people
What our good Congressmen fails to acknowledge is that this mess he blames the Democrats with should be shared with the Republicans. Insurance company’s have robbed the people for so long that someone had to do something. What President Obama has provided for a solution is not the answer, but what solutions has Congressmen Miller or the rest of the Republican party offered? They had control of Washington a few years back, what did they do to help this mess? Nothing. They sat there and accepted large campaign contributions from corporations that I am sure included insurance. When the average small business owner has to pay $15,000 a year for family health insurance, and the CEO of Florida Blue has an annual salary of 4.7 million dollars, is not free enterprise, but robbery. The greed of the wealthy has caused every bit of this mess and the rest of the economic problems we are facing. While I blame the Democrats and the liberals with much of the Country’s current problems, the economic problems go to the Republicans. What we need is a new working class party. Not the over the top ultra conservative Tea party, but an honest to goodness working class party that has the interest of the working class people at heart. When I say the working class I mean people who work, not the people who expect everyone else to support them.
REGARDING:
“Ok, I’ll agree the SCOTUS gets somethings wrong. Like the 2000 election.”
Nope. It is impossible for the Supreme Court to get legal matters wrong regarding the Constitution and what it allows because the Constitution defines and spells out that they are the final arbiter of what it means.
If they had ruled the opposite way, they still would not be wrong simply because it is whatever they say it is.
This would also apply to the 2000 election. The people voted. The vote was counted. It was close but it was counted. The Florida Supreme Court decided to have them recount it. The recount confirmed how it went. They wanted it recounted differently. The United States Supreme Court ruled that they couldn’t continue to recount until they got a different result or until Plan B kicked in.
The Plan B I’m talking about is that the legislature reject the vote of the people and simply choose electors however would suit them. In this case, with a majority republican legislature, it is reasonable to assume they would have picked the Republican candidate over Al Gore, but regardless, it would not have been the choice of the people but of the legislature.
Further, the basic ruling of the Supreme Court of the United States was that the state could not change the rules in the middle of an election as the Florida Supreme Court had tried to do. That’s kind of basic too.
Similarly, Representative Miller is wrong when he claims the Supreme Court is wrong in this case and was wrong in the Dred Scott ruling. They ruled correctly according to the Constitution as it was at the time.
David for longer memories
The swing vote was made by a republican justice FOR the program. A good argument for being able to impeach Supreme Court Justices and allowing for term limits instead of lifetime appointments. He most certainly did not reflect the feeling of most republicans in the country!
Jeff Miller has been sitting there in Washington during all of this. Massive debts and the constitution fading everyday but for some reason he is voted back in office. I can tell you I have never voted for him and never will. Until this area wakes up and dumps this clown it will continue to be the same. Miller will only show up every two years and we the people have nothing to show for his efforts. So far his total impact in Washington is to rename 7 buildings and helped with an island issue that is not in his district. He was the deciding vote in the central america free trade which caused your job to go overseas. He fully supports the patriot act which takes your Constitutional rights and throws them out the window. If your able to read this you are able to research what I have posted here. Go take a look for yourself. Because a man wraps himself in the flag does not make him a good American.
I just have to answer these comments regarding those “goverment retirees” that should have to pay insurance like those retired from non-government jobs. I am retired from Escambia County after nearly 50 years of service and I pay $750.00 per month for insurance even with Medicare coverage. Bet if you talked with any retiree you will find if they do have health insurance they too are paying a big portion of their retirement for insurance coverage. Many of us have preexisting conditions and could not have coverage if we tried to drop this and look for other coverage. Maybe you should further investigate your “what you think you know” and the facts.
All I hear is whats wrong with everything, well, Do Something! I’m paying $1,200 a month for cobra. You work hard all your live, save all you can, and one operation and stay in the hospital wipes you out. I don’t expect free health care but no average working person can afford it. Then you get cancer, can’t work and they kick you to the curb. They have been debating this and social security since Ragan was campaigning the first time. The democrats are too far left and republicans too far right. Most of us just want them to get together and DO SOMETHING!
At the end of the day there is still the deficit, like a black hole roaring in silence, demanding to be fed.
Mr Obama if you wanted to perform a great wonder, why not balance the check book. Remember the lesson of Simon Magnus, he wanted to be great too.
Its a tax and we in FLA, can opt out if we wish. And we will.
It’s amazing how so many commenting are just flat out wrong in what they think they know the ACA does and doesn’t do. Some nut in Conservative media makes up some lie about the Law and you Republicans just run with it.
These Multi-Millionaire Conservative Media folks are political hacks that support Corporatist and tax cuts for Millionaires.
They are using anything and everything they can to emotionally manipulate Middle Class & Poor Republicans. They really don’t care about you and they aren’t looking out for your interest. They just want to win so they can give themselves more tax cuts.
It’s the same way they always campaign and their campaigh rhetoric is never ever accurate to what they do.
Republicans also got rid of Paygo in 2003 when they added 800 Billion to the deficit because they passed Medicare Part D without paying for it.
The ACA closes Medicare prescription doughnut holes and it covers paying for the Republicans Medicare Part D that they passed without paying for.
Whats wrong is these old career politicians like Miller needs to be limited to one 4 year life term for senate. Get these old people in the senate and house out. Let them keep there healthcare insurance we pay for. Remember this guy is for big business and wants you the middle and low income to pay more tax for there greed. Take note that I was a small business owner. Offered insurance to employees. Most employees couldn’t afford the cost. My insurance policy in 90 was $800.00 a month for a family of 4 when I turned 59 it went up to $3600.00 for me and my wife a month for the same policy. No body can afford that. These guys complain about everything including the decision of the highest court in the land if it doesn’t meet there greedy agenda. Also I believe all those people with health care insurance paid through government employeement and retirement should have to purchase there own insurance just like I do.
Thank you, Jane, for pointing out exactly what government involvement in our health care actually means. Folks, it isn’t the government GIVING you free health care. You’re going to pay – more than you do now. It will be a panel of non-medical, number crunching, government employees deciding what patient number 672,553 is worthy of receiving. With exchanges and other arrangements placed in effect, most will not be able to keep the doctors they now have. If you don’t now have a doctor, good luck finding one who is taking in new patients. For those deemed capable according to government originated formulas of purchasing insurance and who do not purchase it, planning instead to sign up on their way to the hospital if they become sick, they will be forced to pay the tax (scheduled to increase each year). If they can’t pay the tax, jail time. IRS will own our medical records. IRS will be become so entrenched in our lives everyone will soon come to appreciate what the TEA in Tea Party stands for – TAXED ENOUGH ALREADY. If it’s so great a deal, why is Uncle Obama letting so many unions, big companies, and politicians opt out? P.S. the Dred Scott decision stated African Americans brought to U.S. as slaves and their descendents whether slaves or not, were not U.S. citizens and not protected by the Constitution.
Ok, I’ll agree the SCOTUS gets somethings wrong. Like the 2000 election.
Whether you want to call it a fine or a tax, I’d love to know how Miller comes up with it costing Americans 800 Billions in taxes. The tax or fine only gets paid by people that can afford Health Insurance but refuse to get coverage.
People that don’t have health insurance still end up in hospitals and getting treatment that they don’t pay for and then pass those cost on to everyone that does.
The individual mandate was a Conservative idea that Republicans supported in the 90’s. Why not support it now? Because President Obama and Democrats had it in the bill. That part of it has also worked in Romniecare in Mass.
Everything Romnie is now saying about what needs to be in health care reform, is in the ACA. I guess conservatives spent so much time making noise and talking about death panels that they were listening and really don’t have a clue about the Affordability Care Act.
I’d love to see Real Republican, the Moderate fiscally responsible one’s take their party back from the Corporatist nay Sayers and wing nuts. Conservative Media, including Miller are out to dupe Republicans with wedge issues and any Democrat spin rhetoric while they still have plans for nothing.
Considering the honorable congressman’s recent votes on CISPA and NDAA, I don’t think he should be casting those unconstitutional stones at anyone. He should be removed from office at the next election.
This law is full of things that will cost more, give us less health care and add huge costs to local and federal government. It was passed without anyone knowing what is in it. If you want to see just how it will work read the bill. Are you aware that a panel will decide whether you get that operation you need? And they are NOT doctors…just politicians. Medicare will be bankrupt in 5 years because they took so much money out of Medicare to fund Obamacare. And if you can’t afford the tax, they will take it anyway from SSI or your paycheck. So much for tranperancy.
We obviously need a Constitutional Amendment to modify or delete that pernicious Commerce Clause.
I agree the 5 Got it wrong. How can John Roberts say “it is not our job to protect the people from the consequences of their political choices.” I did not vote for Obama, I never agreed with Obamacare. The Supreme Court is supposed to uphold the constitution, that is their job. Forcing everyone to have healthcare or they will pay the tax or is it called penalty to sound better, is going against our freedom. I was hoping that the Supreme Court would get it right. I couldn’t believe that it was John Roberts decision that was the dreadful deciding vote. What is “our Nation’s elected leaders, who can be thrown out of office if the people disagree with them” actually mean, oh leave it up to the public to elect good leaders so we don’t have to make these kind of decisions. Our liberties are at stake and the one person that I thought wouldn’t let us down left me beyond disappointed, outraged would be a better word. For the 4 that voted against it I applaud you. Maybe the Supreme Court will one day do it’s job as a team and uphold the CONSTITUTION. Some stories I hear about their views makes me wonder how they ever even became Supreme Court Justices.
God Bless America?
I disagree with Mr. Miller, he has no concern about what is right or wrong. He has exposed his triblle mentality…not one of a true and loyal American, but a self-serving politician (redundant, I know) whose only loyalty is to himself, his tribe (party) and the special interests that supports him in order that he will improve their bottom line. It’s all about money, the transfer of wealth and the elimination the the middle class. Mr. Miller is the worst kind of person, he would sell our nation’s future for a vote..