In a good news-bad news scenario for lawyers challenging the individual mandate provision of Obamacare, the 11th circuit court in Atlanta ruled the provision unconstitutional by a 2-1 margain, while the 9th circuit court in San Francisco dismissed the case for lack of standing, even though it agreed to hear the case.
In the 11th, the judges ruled that the individual mandate was unconstitutional because it represented a broad interpretation of the Commerce Clause of the Constitution, which is the clause that gives Congress the power to keep commerce regular. The individual mandate, though, is an "unbounded assertion of congressional authority" inconsistent with that clause, which would require individuals to purchase health insurance for fear of penalty. The two judges that ruled in the majority were Judge Joel Dubina, a George H.W. Bush appointee, and Judge Frank Hull, a Bill Clinton appointee.
The 9th circuit, however, was a different matter entirely. The case was dismissed due to "lack of standing" on the part of the prosecutors, with Judge Dana Sabraw handing down the decision. This came after the case was turned down by the Supreme Court for expediated judgement. This ruling was not a shock to many people due to the left-leaning nature of this branch, which has often been called the "Nutty Ninth" for those reasons.
So far, three branches of the US Court of Appeals have ruled on the individual mandate, and only the 11th ruled it unconstitutional thus far. The third branch, the 6th up in Ohio, upheld it by a 2-1 vote, which would all but ensure that the fate of the individual mandate will not be decided until it reaches the Supreme Court once it is done working its way through the lower courts.
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I have discussed this case with a friend who's a medic at the dual diagnosis treatment facility. His opinion is that everyone should be covered by health care in one way or another but there should be no penalties for those who simply don't want to purchase health insurance. It's our right to spend or not to spend out money on something and if someone doesn't want health insurance he will support the costs of the treatment out of his own pocket.
Immigrants working in foreign countries usually get to somehow balance the economical status of their native country by earning certain sums and then placing them into bank accounts in the countries they formly belonged to. I guess this can be seen as sort of an advantage for less developed countries. If we were to consider the amount of financial services contacted on this matter, there are countries where the ones that go for private health insurances. I know someone diagnosed with Toenail Fungus that was lucky enough to have a private health insurance in order to receive medical assistance.
The truth is insurance policies all work the same, whichever the terms of insurance or the object or person insured. The private insurance market works better on confusing the public most of the times, because of so many regulation updates coming from the center, regulations to which any private insurance provider should adjust his services. Luckily, I started working with a car insurance Ireland provider and I never gave up their services ever since.
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