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Archive for Saturday, August 13, 2011

Kansas leaders support health reform ruling

August 13, 2011

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— Top Kansas officials praised a federal appeals court ruling that struck down a key part of President Barack Obama’s health reform law.

“The decision confirms what I have believed all along, that Congress does not have the power to compel Kansans to participate in health care finance schemes against their will,” Gov. Sam Brownback said.

The Atlanta-based 11th Court of Appeals ruled that a provision of the Patient Protection and Affordable Care Act that requires people have health insurance or face penalties was unconstitutional. Kansas was one of the 26 states that joined the legal challenge.

Brownback noted that as a U.S. senator he voted against the law, and as governor he signed into law a bill that supporters say will prevent Kansans from being required to have insurance. He also noted that this week he rejected a $31.5 million grant to set up another provision of the law: health insurance exchanges.

In addition, Lt. Gov. Jeff Colyer, a plastic surgeon, and Attorney General Derek Schmidt supported the court decision.

“As a doctor, I can tell you that President Obama’s health care law will not improve the health of Kansans,” Colyer said. “We applaud the appeals court decision and we will continue to look for Kansas solutions for Kansas citizens.”

Schmidt said the appeals court ruling tees up the final decision on the law for the U.S. Supreme Court. An Ohio appeals court had ruled that the law was constitutional.

“The Constitution created a federal government of limited, enumerated powers and did not grant to the federal government an unlimited general police power to do whatever it wishes,” Schmidt said.

“While today’s decision is not the final word on the subject, our victory today makes Supreme Court review of the law almost certain. We will continue our strong advocacy for limited, constitutional government,” he said.

Comments

Alceste 3 years, 4 months ago

"As a doctor, I can tell you that President Obama’s health care law will not improve the health of Kansans,” Colyer said. “We applaud the appeals court decision and we will continue to look for Kansas solutions for Kansas citizens.”

What does a glorified pimple doctor know about intricate health care matters? Answer: Not a thing. He's a glorified pimple doctor. Let him speak to acne issues only, please. He might begin with taking the giant zit like Schmidt on as a patient, even. Keep him busy and all....

citizen4honor 3 years, 4 months ago

He's a plastic surgeon. Last time I check that was a doctor with 12 years of medical training.

deec 3 years, 4 months ago

Now be fair. Plastic surgeons occasionally interrupt their mammary enhancements and fatsucking to repair a face disfigured in a horrific accident. :)

mloburgio 3 years, 4 months ago

                Opps someone forgot to apply for this grant!
  Kansas not pursuing federal prevention dollars

Major federal initiative will bypass Kansas because no one applied for grant

TOPEKA — “An ounce of prevention is worth a pound of cure.” — Ben Franklin

The federal government is poised to start spending $900 million nationwide over the next five years in an effort to battle costly chronic ailments such as obesity and diabetes.

The initiative is considered the single largest push to date by the national government to encourage disease prevention. But Kansas likely won’t see a dollar of that money.

Why not? Well, one big reason is that no one here asked.

The July 15 deadline for submitting applications for the so-called Community Transformation Grants has come and gone. http://www.khi.org/news/2011/aug/08/kansas-not-pursuing-federal-prevention-dollars/

kansanjayhawk 3 years, 4 months ago

I think he has a constitutional right to express his opinion on this issue. You only attacked him personally you did not present an argument defending the law...perhaps it is not something that one could defend...

just_another_bozo_on_this_bus 3 years, 4 months ago

What was Brownback's opinion about the other appeals court that ruled the exact opposite? I'm guessing he ignored it.

"We will continue our strong advocacy for limited, constitutional government,” he said.

Translation-- we'll just keep right on taking Koch brothers' checks for as long as they clear the bank.

citizen4honor 3 years, 4 months ago

You bet we should be taking the Koch checks. They contribute to our economy and employ lots of well paid Kansans with medical insurance who buy stuff and keep the economy going. If you are working for the Koch brothers, I am not forced to pay taxes to support you. You support yourself.

just_another_bozo_on_this_bus 3 years, 4 months ago

Brownback turned down the federal money because it came with "too many" strings. The truth is, it came with very few strings.

But the tea party has no problems with taking the Koch brothers' money, and it comes with ropes, cables and straps.

Catalano 3 years, 4 months ago

And how many potential jobs were lost with turning down that $31.5 million dollars? Great job creation/economic development, Sam.

chootspa 3 years, 4 months ago

Really? Is that why they've been downsizing at the same time that their personal fortunes have reached an all time high? Because they're such big contributors to our state and will end this recession for us? This Koch cake they let us eat sure is moist and job provider.

parrothead8 3 years, 4 months ago

The Koch bros. also lay off a lot of Kansans (and other Americans) to enhance their personal fortunes, and those people can't find jobs now because the places they used to work have been put out of business by people like, um, the Koch brothers. But they wouldn't be your problem either, would they, citizen4honor?

kansanjayhawk 3 years, 4 months ago

I would rather have that then have old George Soros running things... remember there is alot of liberal money in the system as well not just the Koch brothers... who by the way... have a constitutional right to express conservative opinions if they so choose...

grammaddy 3 years, 4 months ago

Leaders in Kansas? Where? All I see are teabagging wannabes , Grover Norquist clones, and Koch puppets.

kansanjayhawk 3 years, 4 months ago

maybe just commonsense conservatives who want limited government...

Jan Rolls 3 years, 4 months ago

Nice unbiased article. Not one comment in the article from the top democrat leaders in the state.

Getaroom 3 years, 4 months ago

Whether you are a Doctor, a Baker, or a Candle Stick Maker, it is clear that "Leadership" in Kansas, elsewhere in the USA and obviously in the minds of others on this post there is an unwaveringly bent toward preventing President Obama from governing. Pure and simple Obstructionism. Just because someone on this post is a Doctor and etc., with a political opinion, does not change the fact each of us pays for those who are not fortunate enough, or who chose to have no health insurance. Ultimately, we each pay for those people, like it or not. That much is crystal clear and if that can't be seen, it is simply blindness out of choice. Unbridled Profiteering in the "free market" and greed is the focus of the elite of this world and can account for much of human suffering to date. This whole "i pulled myself up by the bootstraps and so can everyone else" mentality is a grand excuse for power over others. With Fundamental Christianity as an excuse, power over has found traction here in this state and all over the map. That is a ruse - clear and simple. Pawlenty, Bachmann, Palin, Borwnbackward to name only a few are leading the Tea Party Gangs March to dehumanize national politics. There is no longer a discussion about how to lead shared lives, but only the obstruction of governance for a nation made of up a hugley diverse population. The intent is obvious: continue to uplift the quality of life of the few, at the expense of the many. That is primary tenant of Christianity? A sick nation, is a weak nation and seeing to it that the greatest number of individuals are not taken care of is a reflection of the common will of the leadership. Since we are no longer a country that determines it's leadership through the process of "one man one vote", but rather by way of a burgeoning Corporatocracy, how can anyone possibly support the up and coming 4th Reich of The Tea Party? When truly studied, the goals and ideologies of the front runners of the Tea Party are bent on seeing to it that until the Laws of the Land are supplanted with the laws of the Bible(as interpreted by whom?) they will not be satisfied. This is not paranoia, it is what it is. So all of you secret and not so secret racist Obama haters and GOP members who are died in the wool GOP believers because you have always been, better wake up. Unless you are among the very very wealthy, look out! Remember Ross Perot? Maybe the only thing he ever said that that made sense was: "that giant sucking sound ....." No manufacturing, no Jobs, no money, no health care, no where to go but down for the masses. Bleak? Yup, and a reality unless you wake up and do something about it. Look at England right now and project that onto the screen of our own streets and that is a mere glimpse of things to come under Tea Party rule and current Republican thinking.

kansanjayhawk 3 years, 4 months ago

I remember who signed NAFTA and caused that sucking sound to get worse...it wasn't a Republican it was Bill Clinton and Al Gore...they are the ones who started the final descent into deindustrialization...Democrats all...Obama just continues the tradition...

TopJayhawk 3 years, 4 months ago

wait a minute. Who wants to control who?

why do you think the dems want so many handouts? To buy votes and keep people down. YOu got it backwards there buddy.

JayhawkFan1985 3 years, 4 months ago

Leaders move you forward. Brownback is not a leader. All he wants to do is rewind the tape back to the 1950s.

Also, wasn't it the Republicans that insisted on allowing the private insurance market have a role in the Affordable Care Act?

kansanjayhawk 3 years, 4 months ago

Obamacare is a fascist big government one size fits all scheme.. it is too expensive and it will make matters worse...costlier care and smaller coverage... Obama seems to be trying to bring America down...

jafs 3 years, 4 months ago

Have you looked at any of the actual law, or are you basing your opinion on what others have said about it?

Jan Rolls 3 years, 4 months ago

Republicans fell right into the trap. They wanted the insurance companies involved and it is getting shot down. Guess what? Opens the door wide for single payer.

verity 3 years, 4 months ago

"Opens the door wide for single payer."

One can only hope. Wasn't that what a majority of citizens wanted in the first place?

cato_the_elder 3 years, 4 months ago

No, not by a long shot. A majority of citizens in Berkeley maybe.

jafs 3 years, 4 months ago

Check the wikipedia link - there are a number of polls quoted in it.

One interesting tidbit - people tend to react more favorably if a system is described as "Medicare like" than if it's described as "socialist".

Since Medicare is in fact a socialized health insurance system, that just shows how strongly people react to words rather than content.

It's similar to polls in which people don't self-identify as "liberal", but the content of their opinions about issues is more liberal than conservative.

chootspa 3 years, 4 months ago

Only if we have a House filled with reasonable people and a Senate where a supermajority isn't required for every vote. We seem to have neither of those things.

kansanjayhawk 3 years, 4 months ago

We need to look to more market oriented solutions and focus on helping those without insurance rather than redoing the entire system...there are some free market ideas that have shown progress...

Christine Anderson 3 years, 4 months ago

Hmm. Why would a Jo. Co. plastic surgeon give a flip about patients who are unisured? I used to care for some of his patients after procedures. These were not folks who had to choose between utilities and their medications. Anyone who could afford Colyer would not be worried about money, rest assured. That being said, his bedside manner sucked and he was a jerk to the nurses.

What I want to know is, since Brownie refused the money for the heathcare exchange, and the appeals court currently agrees with him, what does that do to patients who want universal healthcare coverage? If we are going to say that it is unconstituttional to force people to be insured, what happens to those who desperately need and want it?

coloradoan 3 years, 4 months ago

The decision is out of the 11th Circuit, and we are in the 10th Circuit, so, strictly speaking it does not bind us, even if the "appeals court currently agrees with us". We will need a decision out of the 10th (which may explain our Senators' opposition to Steve Six' nomination to that court), or ultimately from the U.S. Supreme Court before Kansas is bound by it. The two opposing decisions set up the potential for the SCOTUS to decide the issue. Either way, it's a work in progress.

The more important part for now is the apparent willlingness of the Administration to actively interfere with ongoing efforts to implement the plan in Kansas.

kansanjayhawk 3 years, 4 months ago

Well that is exactly the reasoning I presented when dealing with the abortion regulations and the liberals didn't want to accept the fact that it was "a work in progress"...

beatrice 3 years, 4 months ago

Just curious. If it is ultimately ruled unconstitutional for the feds to force people to buy insurance, would that automatically apply to states as well? States can't be unconstitutional, can they? Would a repeal of the mandatory participation aspect of the Affordable Care Act also be applied instantly to Massachusetts and that state's similar health care mandate as well?

If a government can't force people to buy insurance, will that transtale to automobile insurance?

jafs 3 years, 4 months ago

Not necessarily.

States have a wide latitude in being able to set laws and procedures within the state, while the idea of the federal government was to be a rather limited government, and allow the states a wide range of possibilities.

So it's entirely possible that it's unconstitutional for the federal government to require individual purchases using the Interstate Commerce Clause, but completely constitutional for a particular state to require it.

They wouldn't be using the ICC as a justification.

I believe there's a phrase in the constitution like "all of the powers not enumerated to the federal government revert to the states, or to the people".

jafs 3 years, 4 months ago

That's actually an interesting question.

I wonder what the justification for medicare is - anybody know?

Perhaps it's considered a "tax", rather than a forced purchase, but that may just be semantics.

jayhawxrok 3 years, 4 months ago

The fight isn't over, America needs healthcare reform far more than Republicans need to suck up to big insurance companies.

Richard Heckler 3 years, 4 months ago

RINO's do not represent Fiscally Conservative nor Socially Responsible government.

Their focus is more big government funded by our tax dollars. Private industry cannot wait. They love socialism by way of our tax dollars in spite of their rhetoric.

Does Kansas Law provide for a laissez faire government at the discretion of the governor?

Where are our tax dollars going?

William Weissbeck 3 years, 4 months ago

OK, rather than debate this law, come up with your own solutions. Your plan must correct the cost disparity for those who must obtain private insurance, either because they are self-employed or work for employers that do not provide coverage or affordable coverage; and prevent the inequity that happens because of denials for pre-existing conditions and cancellation or out pricing of coverage because of the insured or their family becoming sick.

kansanjayhawk 3 years, 4 months ago

It is too bad we have to depend on the courts to overturn this "bad law" which our legislators did not take the time to read and understand prior to passing. We will never get a good reform of healthcare in America until both Democrats and Republicans work together to make improvements. Obamacare is an atrocious law that deserves to be sent to the dust bin of history!

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