Archive for Monday, March 19, 2012

Statehouse Live: Kansas University law professor to help states fight Affordable Care Act before U.S. Supreme Court

March 19, 2012


— Kansas University law professor Stephen McAllister, in his role as state solicitor general, is being sent to Washington, D.C. to help attorneys from Kansas and other states challenging the federal health reform law before the U.S. Supreme Court.

“Kansas has been active with our state partners in pursuing this historic litigation all the way to the Supreme Court, and I’m grateful that Steve is willing to lend his expertise to our efforts in this final push before that Court," Kansas Attorney General Derek Schmidt said Monday.

Schmidt said the Affordable Care Act, which was passed by Democrats and signed into law by President Barack Obama, represented an "unprecedented federal power grab." Supporters say it provides a number of consumer protections and will increase the availability and affordability of health insurance.

McAllister is a specialist in constitutional and appellate law. He served as a law clerk for two U.S. Supreme Court justices and a federal appellate judge.

For the past five years, McAllister has served as Kansas solicitor general. In that capacity he represents the state in appellate litigation at the direction of the attorney general.

Schmidt, a Republican, said McAllister will help prepare former U.S. Solicitor General Paul Clement for the oral arguments before the Court on March 26-28. Clement is representing the 26-state coalition that is challenging the health care law. Clement will present the states’ oral arguments to the Court.

Schmidt's office reported that McAllister is not being paid for this work but the state will be providing him a ticket for air travel and lodging expenses. The total cost will be about $800, the attorney general's office said.


Hooligan_016 5 years, 9 months ago

Those darn liberal professors in their left-leaning ivory towers ... sarcasm

Wonder what the teabaggers think.

Kent Kossoy 5 years, 9 months ago

If you know any gay people, why don't you ask them. I went to a Tea party rally and i do not recall it being a gay event. As for your moronic rant, it is a wonder that a liberal law professor can be found that is reasonable and will to work with normal people!!

PalinPalms 5 years, 9 months ago

oh golly that's more like a "smartgasum" , I mean your statements mr. kik makes perfect sense, I couldn't have xplained your argument any better myself

Greg Cooper 5 years, 9 months ago

"The AffordableCare Act, which was passed by Democrats....."

I'm not sure, but isn't a bill that passes cosnidered to be passed by Congress? This type of statement is what fosters the divisiveness that continues to be a deterrent to getting back on track--both by Democrats and Republicans.

At what point do we return to being Americans? At what point do we begin dialogue that fosters cooperation and makes law-making an effort aimed at the good of the nation rather than of the monied and economically influential?

I, for one, would like to see leadership that is centered on the good of the entire nation rather than the few; policies that lead to each citizen being able to afford "the American dream; politicians who have not forgotten that they work for us.

"Dream on, little broomstick cowboy" you might say. But I can dream and wish that those in positions of power might, too.

Jonathan Fox 5 years, 9 months ago

The statement is true because not a single Republican voted for it. Partisanship at it's finest...

John Hamm 5 years, 9 months ago

Ummmmmm. Maybe 'cause there's not too many Socialist Republicans?

Cait McKnelly 5 years, 9 months ago

You wouldn't know "Socialism" if it bit you on the nether parts.

kernal 5 years, 9 months ago

Read the first paragraph again, Hooligan. It doesn't matter what party he belongs to; this is a job assignment.

Hooligan_016 5 years, 9 months ago

I know I know, I was just being facetious :D

Kate Rogge 5 years, 9 months ago

Why isn't McAllister being paid for his services? Why report Kansas is only paying $800 in expenses if he being sent to D.C. specifically as the Kansas state solicitor general?

Evan Ridenour 5 years, 9 months ago

It is very likely that McAllister is volunteering his services. Article would probably have been better written if that point had been made instead of only discussing the amount of reimbursed expenses.

equalaccessprivacy 5 years, 9 months ago

Such a national honor that the best minds of KU and Kansas are involved in destructive projects like this!

Richard Heckler 5 years, 9 months ago

Sure then consumers will be faced with returning to a status quo = nothing better and no money will be saved.

Sure let's return to:

  1. the medical insurance industry over charging consumers in the billions an no one receiving a refund..... wow that is just great:

Thursday, June 25, 2009

Health insurers have forced consumers to pay billions of dollars in medical bills that the insurers themselves should have paid, according to a report released yesterday by the staff of the Senate Commerce Committee. More on this story: ======= 2. Wow how about we get back to paying more and getting less...

How much is the sick U.S. health care system costing you?

By Joel A. Harrison Paying through the Taxman

The U.S. health insurance system is typically characterized as a largely private-sector system, so it may come as a surprise that more than 60% of the $2 trillion annual U.S. health care bill is paid through taxes, according to a 2002 analysis published in Health Affairs by Harvard Medical School associate professors Steffie Woolhandler and David Himmelstein.

Moreover, tax dollars also pay for critical elements of the health care system apart from direct care—Medicare funds much of the expensive equipment hospitals use, for instance, along with all medical residencies.

All told, then, tax dollars already pay for at least $1.2 trillion in annual U.S. health care expenses. Since federal, state, and local governments collected approximately $3.5 trillion in taxes of all kinds—income, sales, property, corporate—in 2006, that means that more than one third of the aggregate tax revenues collected in the United States that year went to pay for health care.

Medicare must exist in the fragmented world that is American health care—but no matter how creative the opponents of single-payer get, there is no way they can show convincingly how the administrative costs of a single-payer system could come close to the current level.

cato_the_elder 5 years, 9 months ago

Obamacare is patently unconstitutional. As a Kansan, I'm honored that Professor McAllister is assisting in this effort.

Michael LoBurgio 5 years, 9 months ago

Kansas Insurance Commissioner Sandy Praeger believes there are too many good things in the Affordable Care Act to be overturned by the court system or Congress after the presidential election.

“I think it will be very hard to overturn the law,” she said. “When you really pin people down, there are lots of aspects of this law that people like.”

Among them:

• Elimination of annual and lifetime limits on insurance coverage. She said often those who need insurance coverage the most can’t get it, and that’s why so many Americans end up in bankruptcy. She said medical care is the No. 1 reason for U.S. bankruptcy.

• Elimination of pre-existing medical conditions. People will no longer be denied insurance coverage because of illness or previous health conditions. “Today, you most likely wouldn’t get coverage if you’ve had cancer. You would be denied,” she said.

• No co-pays or deductibles on preventive services, such as annual wellness exams. “Early detection of a disease or problem can be cost-effective, and the outcomes are often better. It’s a win-win,” she said.

• Allowing children to stay on their health insurance plan until age 26. She said about 2.5 million children are now insured nationally because of this provision, which already has been implemented.

“The bottom line is we need to get to a point where everyone can get the health care they need,” Praeger said. Not only is it a moral thing, she said, but costs will continue to escalate for those who pay for insurance if something isn’t done.

She said insurance companies estimate that 25 to 30 percent of the premiums they charge are to help cover uncompensated care.

cato_the_elder 5 years, 9 months ago

"I think it will be very hard to overturn the law,” (Praeger) said. “When you really pin people down, there are lots of aspects of this law that people like."

That's completely irrelevant to its unconstitutionality.

Michael LoBurgio 5 years, 9 months ago

Health Insurers: We’ll Deny Coverage For Pre-Existing Conditions If Health Mandate Is Repealed

Health-insurance officials say that if the mandate is repealed, “their first priority would be persuading members of Congress to repeal two of the law’s major insurance changes: a requirement to cover everyone regardless of his or her medical history, and limits on how much insurers can vary premiums based on age.”

Their next step would be to “set rewards for people who purchase insurance voluntarily and sanction those who don’t.”

Michael LoBurgio 5 years, 9 months ago

Lead Plaintiff In Health Care Reform Suit Files For Bankruptcy With Medical Debt

The lead plaintiff in the legal case against the Affordable Care Act filed for bankruptcy after accruing nearly $5,000 in medical debt.

According to the Los Angeles Times, plaintiff Mary Brown was uninsured last fall when her husband’s medical bills stacked up to $4,500.

That, combined with other debt they had accumulated, led the couple to file for bankruptcy:

yourworstnightmare 5 years, 9 months ago

I can't wait until Romney is the republican nominee and he tries to defend his support for a health care individual mandate that went far beyond what Obamacare calls for.

Pass the popcorn.

jafs 5 years, 8 months ago

The crucial constitutional question is whether the "federal" government has the right to do this.

State governments have different scopes than the federal government.

That's how it might be fine for Massachusetts to have implemented their program, and simultaneously not ok for the federal government to do the same thing.

Richard Payton 5 years, 9 months ago

Now is the season for a change. Doing the same thing over puts many people at risk. I'm hoping more changes are coming such as paying holistic doctors insurance funds. Doctors don't grow on trees but the insurance industry limits the number of doctors it pays. If the affordable care act gets rejected by the Supreme Court lets hope that people will have at least the option to cross state lines to purchase insurance.

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