2011 Municipal Election Results & reasons to vote

11/10/2011 - The 2011 PA Municipal election results are in, and for the most part, the right people won! In Dauphin County, Jeff Haste and Mike Pries won re-election as Commissioners, and Ed Marsico won as District Attorney. In statewide judicial elections, unfortunately Democrat David Wecht beat Republican Vic Stabile to win a seat at the Superior Court. But Republican Anne Covey beat Boockvar for Commonwealth Court. So that's 1 out of 2 for state courts.

So, how many people voted? I compared the total votes with the total population compiled in the 2010 census. Statewide about 15% voted in the Superior Court race, so those who voted chose a judge for the other 85%. Voters are the tiny blue slice below:



People tend to forget about municipal and school board elections. But if you think about it, your vote has a lot more influence when only 15% vote, especially for local or county elections.

PA Federal Judge rules insurance mandate unconstitutional

9/13/2011 - A Pennsylvania Federal Judge ruled the insurance mandate in Obamacare. Judge Conner said "The federal government, is one of limited enumerated powers, and Congress's efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers." The power to regulate interstate commerce, Conner wrote, does not include the power to dictate a lifetime of buying health insurance.

The plantiff's are a married couple who dropped insurance coverage when the premium's exceeded their mortgage payments. Instead they decided to pay health care costs out of pocket.

This decision will likely be appealed to the 3rd Circuit Court of Appeals. Last week the 4th Circuit Court of Appeals threw out Virginia's challenge on technical grounds. The 11th Circuit Court of Appeals ruled the insurance mandate unconstitutional while the 6th Circuit Court of Appeals ruled the mandate constitutional.

Related Links:
Full Text Goudy-Bachman, et al. v. U.S. Department of Health and Human Services, et al. (pdf)
Philadelphia Inquirer - Pa federal judge rules against insurance mandate

Appeals Court rules Health Insurance Mandate Unconstitutional

8/2/2011

The 11th Circuit Court of Appeals has ruled that the Health Insurance Mandate in Obamacare is unconstitutional. Twenty-six States together argued that the Federal Government exceeded its power imposing the mandate. The Obama administration argued that the Federal Government has the power to require individuals to buy insurance under the Commerce Clause. The three judge panel split 2 to 1 on the decision. The majority opinion was jointly written by Judges Joel Dubina, appointed by President George H.W. Bush, and Frank Hull, appointed by President Bill Clinton, a Democrat.

This decision conflicts with the decision by the 6th Circuit Court of Appeals, which upheld the mandate, 2 to 1. The 4th Circuit has not yet ruled Virginia's separate challenge to the law. These conflicting decisions by appellate courts virtually guarantees one of the cases will go to the Supreme Court.

Eleventh Circuit’s Mandate Decision

Full text of Florida v. U.S. Dept. of HHS (pdf)

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Update as of 8/12/2011 on status of State action preserving freedom/resisting Obamacare

The Governors of Florida and Alaska have decided to not enforce any mandates, taxes, or implement anything in Obamacare. http://www.blogger.com/img/blank.gif

Nine States have passed Healthcare Freedom Amendments or laws to prohibit governments from forcing citizens to buy health insurance.

Ohio and Florida Citizens will vote this fall (November 2011) on Healthcare Freedom Amendments. *Many more states are in various stages of passing their own Healthcare Freedom laws. The Tenth Amendment Center has Healthcare Freedom Act Legislative Tracking. The National Conference of State Legislatures also compiled state actions challenging Obamacare.

Nov 2011 Update: Two thirds of Ohio voters voted FOR the Healthcare Freedom Amendment, which forbids the Obamacare Individual Mandate. The Florida Amendment to ban the Obamacare individual mandate will be voted on Nov 2012.

Twenty-seven states have joined in challenging Obamacare in the Federal Courts.

Ohio to vote on Obamacare

8/2/2011 - This fall voters in the swing state of Ohio will vote on the individual mandate in Obamacare. If passed, the Ohio constitution would ban any government from requiring health insurance. Arizona, Oklahoma, and Missouri have already passed similar legislation amending their state constitutions. However Ohio would represent the first state that Obama carried to include this in their constitution. This would complicate Obama's efforts to carry Ohio in 2012.


Real Clear Politics - Health Care Vote Highlights Obama's Challenge in Ohio
New American - Ohioans to Vote on Nullifying ObamaCare’s Individual Mandate

Graham, Barrasso Want Health Reform Opt-Out Options for States

02/01/2011

Senators Lindsey Graham (R-SC) and John Barrasso (R-WY) have introduced the State Health Care Choice Act (S. 244).

It would give states the option to "opt-out" of the following major provisions in the health reform law, according to a press release describing the bill:

* Individual mandate – the requirement to buy government-approved health insurance coupled with a financial penalty for not doing so.

* Employer mandate – the requirement for businesses to provide government-approved health insurance coupled with financial penalties for not doing so.

* Medicaid mandate – the forced expansion of state Medicaid programs.

* Benefit mandates – defines what qualifies as a health plan as well as new federal requirements for regulating health insurance.

Both Senators noted the Obama Administration has already issued 733 waivers to businesses allowing them to continue offering insurance to their employees and questioned why states should not have the same ability to obtain relief.


S 244 - State Healthcare Choice Act links:

GovTrack.us Bill info
Press Release from Grahm's office

Missouri rejects Federal Health Insurance Mandate

Yesterday Missouri voters overwhelmingly passed Prop C, The Healthcare Freedom Act. Prop C is modeled after Virginia's Healthcare Freedom Act, which is challenging Obamacare's individual mandate in Federal Court. The first direct vote results in 71% of the public voting against Obamacare.

Missouri joins Idaho, Louisiana, Utah, and Virginia in passing legislation protecting citizens from Obamacare's unconstitutional individual mandate. This is an example of nullification, i.e. when a state declares an unconstitutional federal law void and inoperative in that state. Arizona and Oklahoma are voting on a similar ban on Federal health insurance mandates this November.

Related Links:

Nullification Movement Gains Steam: Missouri Rejects Healthcare Mandates
Missouri For Healthcare Freedom
Full text of Prop C
Federal Health Care Nullification Act template

Virginia Obamacare lawsuit clears 1st hurdle

U.S. District Court Judge Henry Hudson ruled that Virginia has standing to sue the government over Obamacare and the individual mandate. This will force the Obama administration to defend the unpopular law in the weeks before Congressional elections.

In Judge Hudson's 32 page ruling he commented "The congressional enactment under review -- the Minimum Essential Coverage Provision -- literally forges new ground and extends (the U.S. Constitution's) Commerce Clause powers beyond its current high watermark". Read the whole opinion here.

Virginia's Attorney General Ken Cuccinelli said "This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution. The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause."

Administration Secretary Kathleen Sebelius downplayed the ruling as a "procedural step" and said "We remain confident that the case is solid".

A full hearing is scheduled in Richmond on October 18, two weeks before the Congressional elections on November 2.

Related Articles:
Judge: Individual Mandate 'Forges New Ground'
Judge lets Virginia healthcare challenge proceed
Another Victory on the Road to Repeal
Liberty Wins First Skirmish in the Obamacare Legal Battle"
Judge Hudson's 32 page ruling (pdf)