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CCHF Health Freedom eNews

July 3, 2012

President's Commentary

Chief Justice Roberts switched his vote. According to CBS News, Roberts originally supported overturning at least the individual mandate, maybe the entire law. But as the chief justice, and as a justice on the side of the original majority, Roberts designated himself to write the opinion. This allowed him to change sides, which he did.

Now Obamacare and its mandate remain the law of the land...and liberals are pressing for speedy establishment of the state-based Obamacare installation centers - the law's health insurance exchanges.

Follow this link to make an immediate, tax-deductible contribution of $50, $100, $250, or more to sustain our attack on Obama's health insurance exchanges. Despite what the federal officials say, states are NOT required to set them up and CCHF must help States say "NO" to the Obamacare Exchanges.

The four conservative justices, led by Justice Kennedy, desperately tried to bring Roberts back to his original position...and when it didn't work, they dismissed him. The foursome refused to join any part of his opinion -- including the part they liked: a limit on Congress' power under the Commerce Clause. And for the first time ever, a Court  dissent does not even mention the Court's  majority opinion

I was in the Supreme Court. I was one of last of the 270 - 275 people allowed into the Chamber to hear the ruling. At first, it was exciting. Chief Justice Roberts was clearly making a constitutional case for why the individual mandate and it's penalty for non-compliance should be thrown out. The liberals in the crowd were not happy, while the conservatives were getting excited. 

But then Roberts pivoted. He said something like, "But this is not the end of the matter." As Roberts deemed the penalty a constitutional "tax" for the purpose of "saving" the law, anti-Obamacare attendees began shaking their heads in disbelief. There would be no overturning of of the law.

Obamacare now moves forward with full implementation set for 2014 -- unless States refuse to implement it or Congress repeals it. The only part deemed unconstitutional and thrown out was the penalty on States that refuse to expand Medicaid. This part of the ruling is a win because States can now say "no" to the mandated expansion. However, the dissenting four justices say this second unconstitutional penalty was yet another reason to overturn the entire law. 

Justice Kennedy did not mince words. From the bench, he read a scathing summary of the dissent written by Scalia, Thomas, Alito and himself. In their 65-page dissent, the four justices say the majority wrote a "new Act," and "a statute Congress did not write." The foursome sling accusation after accusation calling the ruling

  • Judicial overreach
  • Implausible argument
  • Invented interpretation
  • Judicial usurpation
  • Judicial tax-writing
  • Verbal wizardry from the forbidden land of the sophists

It's now up to the American people. Repealing Obamacare can be done. U.S. Senator Jim DeMint speaking to a group of us after the ruling said it has always been his priority to "repeal the law and replace those who imposed it upon us." In short, he said the upcoming election is critical to the repeal of Obamacare.

It is not time to give up. It is time to gear up for the fight. 

Stand with CCHF financially as we work as we work to stop the Obamacare Exchanges!

Now on to the news...

News to Know:

Congress Targets Obama's Exchanges

Yesterday U.S. Senator Jim DeMint (R-SC), Congresswoman Michele Bachmann (R-MN), Congressman Jim Jordan (R-OH) and many others  sent a "Stop the Exchange" letter to the National Governor's Association urging all state governors to refuse to set up the Obamacare Exchanges. This key action has long been our goal and was our message at CCHF's well-attended Capitol Hill briefing last Tuesday, which included Dr. Marci Cook, MD from Docs4PatientCare (see photo below), and at every CCHF meeting with Members of Congress last week. Setting the example, GOP Governors Bobby Jindahl (LA) and Rick Scott (FL) have already declared they will not set up the Exchange or implement the federal law!

Twila Brase, CCHF, and Dr. Marci Cook, M.D, Docs4PatientCare after Capitol Hill Briefing in Washington, D.C.

10 Reasons to Oppose Obama's "Exchanges"

If States refuse to set up the ACA's state-run Exchanges, the Obama administration has little cash to impose an HHS-run Exchange and will have great difficulty implementing Obamacare. More info on Exchanges at CCHF's  Refusing to set up the government Exchange will protect the State's citizens, pocketbooks and employers:

  1. State will avoid $10 - $100 million per year cost of operating Exchange.
  2. Diifficult for IRS to track employees and enforce individual mandate ("tax").
  3. People will not be automatically forced into Medicaid against their will. 
  4. "Essential health benefits" including contraception will be difficult to require.
  5. People will have more options than Bronze, Silver, Gold, Platinum policies.
  6. Employers cannot drop employees and force them into the Exchange.
  7. Employers can't be fined $2,000 per employee if just one uses Exchange.
  8. Entitlements will not be expanded through Exchange-based tax subsidies.
  9. Individual privacy will be protected from a massive data sharing system.
  10. The public will see the planned government takeover if Feds set it up.

Tweeting from Washington, D.C.

CCHF president Twila Brase tweeted while waiting in line to get into the U.S. Supreme Court. She got there at 7:30 a.m. Two hours later and 30 minutes before the ruling, she tweeted, "50 more in. Moving a lot closer. but will I get in? Someone said a fight broke out further up in line due to a woman breaking in line." About 25 minutes later as she followed security through the crowd, she tweeted, "I'm in!!!!" Despite getting tweet requests for photos, she says she couldn't get her phone to send them.  Her PHOTOS now on the CCHF fan page.  Below is one with Congressman Steve King (R-IA) after the ruling with the U.S. Capitol in the background. You can follow Twila on Twitter ( @twilabrase).

Congressman Steve King (R-IA) and Twila Brase on steps of U.S. Supreme Court with U.S. Capitol in the background

Maybe Howard Dean Doesn't Remember...

On Sunday's  Meet the Press, physician Howard Dean, also former Vermont Governor and Chair of the Democratic National Committee, was asked whether states would opt out of Medicaid now that SCOTUS says they can. He said, "I think this stuff about not accepting Medicaid and not accepting Exchanges is crazy." Maybe he doesn't remember  what his wife did. But Chris Jacobs at the Senate's Joint Economic Committee does. As he reports, in 1998, Judith Steinberg, a physician - and wife of Howard Dean - wrote her patients a letter telling them she was dropping out of the state Medicaid program. Her letter made the news in the Rutland Herald... (see below) while Mr. Dean was governor. She dropped out due to low reimbursement rates. Did he call her crazy??

Who is Responsible for Patients?

Insurers suggested to the U.S. Senate that "group payments for physicians...and rewards for lowering costs while maintaining quality" are payment reform options for Medicare. Some spending reductions have been achieved, "but changing utilization patterns remains a challenge," says Lonny Reisman, MD, Aetna's chief medical officer. He says  "less than half of patients" took the FREE medications offered by the plan after a heart attack. "For all the best intentions of doctors, patients are frequently not adhering to therapy." In other words, patients say "NO" to treatment. Reisman suggests electronic prescribing programs which can track patient refills...and care coordinators to coach patients to manage their chronic conditions. What about putting the patient in charge of the money and the financial impact of their choices?

Stats of the Week:

6 - number of Obamacare taxes that took effect in 2010
2 - number of Obamacare taxes that took effect in 2011
1 - Obamacare tax that took effect in 2012
7 - number of Obamacare taxes that will take effect in 2013
3 - number of Obamacare taxes that will take effect in 2014
1 - Obamacare tax that will take effect in 2018

TOTAL: 20 Obamacare taxes

News Release of the Week:

Citizens' Council for Health Freedom Implores States to Resist Healthcare Exchanges

ST. PAUL, Minn. - The Supreme Court of the United States today took the weakest option available with regard to the ACA: ruling the individual mandate constitutional while providing a loophole for states to opt out of the Medicaid expansion if they so choose. According to the Citizens' Council for Health Freedom (CCHF), states can and should resist implementation of the government health exchanges that are the keystone of the Patient Protection and Affordable Care Act.

"This is, perhaps, the worst decision of the U.S. Supreme Court in recent history," said Twila Brase, President of the Citizens' Council for Health Freedom, who was in the Supreme Court as the ruling was read. "The Court has allowed an unconstitutional law to go forward and created a tax where none existed in law."   Continue reading

Featured Health Freedom Minute:

Cash options for Care and Coverage

Many people are afraid of being uninsured. Freedom from fear comes with options. So, first, instead of insurance, consider joining a health sharing organization like Samaritan Ministries or Medi-Share. Then look elsewhere for non-emergency surgery. For example, North American Surgery negotiates favorable prices nationwide for its clients.   Continue reading

Twila Brase broadcasts a daily, 60-second radio feature, Health Freedom Minute, which brings health care issues to light for the American public. Health Freedom Minute airs on the entire American Family Radio Network, with more than 150 stations nationwide in addition to Bott Radio Network with over 80 stations nationwide.

Click here to listen to this week's features.

Citizens' Council for Health Freedom
161 St. Anthony Avenue, Ste 923
St. Paul, MN 55103
Phone: 651.646.8935 • Fax: 651.646.0100

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