DJP Update 3-26-2012 The Game is on! PPACA enters SCOTUS field today; link to audio; Lagniappe
Today PPACA goes before the United States Supreme Court (SCOTUS) for oral arguments. The hearing will last through Wednesday and a decision will emerge no later than the last week in June of 2012.
(The “Patient Protection and Affordable Care Act” (P.L. 111-148) was enacted on March 23, 2010 and amended shortly thereafter by the “Health Care and Education Reconciliation Act of 2010” (P.L. 111-152) as enacted on March 30, 2010.
Referred to as “PPACA” or “ACA” or “Obamacare”)
1- ISSUES: Here is a graph that gives the issues and possible outcomes: http://ohpcenter.org/writings/handouts/COHP-SCOTUS-PPACA-infographic.jpg
Monday: Tax or penalty; does Anti-injunction law apply? If declared tax, then no review by court until collected and that would be in 2014.
Tuesday: Individual Mandate! Is it constitutional? If ruled constitutional, America will be changed dramatically. Liberty at risk!
Wednesday Morning: Is Individual Mandate severable? Can it be removed and the rest of the law remain intact? Remember, there is NO severability clause in this law.
Wednesday Afternoon: Is the requirement for the states to expand Medicaid as a condition of receiving funding constitutional?
2- AUDIO of oral arguments and Q & A: Delayed broadcast several hours after each session. Go to: http://www.supremecourt.gov/
Here is what SCOTUS posted about availability of audio and filed briefs etc. : http://www.supremecourt.gov/ The Patient Protection and Affordable Care Act oral argument audio and transcript links will be posted here following the argument sessions on March 26th, 27th, and 28th. Further information is available at this link. http://www.supremecourt.gov/publicinfo/press/viewpressreleases.aspx?FileName=pr_03-16-12.html
The orders, briefs, and other information regarding the Patient Protection and Affordable Care Act cases are available at this link. http://www.supremecourt.gov/docket/PPAACA.aspx
Be sure to read George Will’s column concluding that the individual mandate violates contract law. Coercion! http://tinyurl.com/8xlveez
Also daily analysis of court hearing by general counsel of AAPS is at: http://www.freemedipedia.org/wiki/Main_Page
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A sample of tweets & retweets at www.twitter.com/DJPNEWS are below. Remember, you don’t have to sign up for Twitter to read DJPNEWS postings on Twitter. Just put on browser link bar the following link for quick access:
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Donald Palmisano @DJPNEWS
Medicine: USA has to decide if it wants perfumed popinjays & “providers” sprewing legal platitudes & gov mandates or doctors who save lives
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Donald Palmisano @DJPNEWS
George Will & “Obamacare’s Contract Problem” re @IJ #Amicus http://tinyurl.com/8xlveez #ContractLaw #PPACA #SCOTUS #hcr #Liberty #tcot #tlot
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Art Fougner @sonodoc99
@DJPNEWS @MSSNYTweet “@ohpcenter: Next week’s Supreme Court review of Obamacare explained in one simple pic: http://ohpcenter.org/writings/handouts/COHP-SCOTUS-PPACA-infographic.jpg”
Retweeted by Donald Palmisano
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Donald Palmisano @DJPNEWS
Exactly! #SCOTUS RT @ohpcenter: If Congress can regulate inactivity, then what can’t it mandate? http://shar.es/pZDvg #cohp #ppaca #hcr
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24 Mar
Donald Palmisano @DJPNEWS
Impt info & audio link of ct MT @AAPSonline: AAPS Gen Counsel analysis q day of #SCOTUS arguments. http://eepurl.com/kjbOf #hcr #ACAtastrophe
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LAGNIAPPE: Yesterday, March 25, 2012, three memorable activities: 1- Robin & I celebrated our anniversary! 2- Orleans Parish Medical Society had a brunch for the 50-years-in-practice doctors. We attended. A fine group of caring, compassionate doctors. What they have seen & done over the years! 3- March 25 also is National Medal of Honor Day (Public Law 101-564). More info about the law at: http://www.homeofheroes.com/moh/history/day.html
If you want inspiration, read the stories of these heroes. Go to: http://www.cmohs.org/ You can find the stories at: http://www.cmohs.org/recipient-archive.php
Stay tuned. P.S. working hard to meet my new book deadline to get text and photos to publisher! And a tip of hat to Dr. Mario Calonje who caught my typo for the date of D-Day Normandy. Yes, it is June 6, 1944. I corrected on my blog.
P.S. A poem about the Supreme Court Hearing by Dr. Richard Reece in his March 26, 2012 blog posting: http://medinnovationblog.blogspot.com/
Stay well.
Donald
Some past selected DJP Updates can be found at: http://donaldpalmisano.com/djp_update/
Donald J. Palmisano, MD, JD
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