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AG questions constitutionality of health-care bill

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Not only would federal health-care legislation significantly cost Indiana if passed, the state's Attorney General also believes aspects of the legislation could be constitutionally questioned and possibly overturned by courts.

Indiana Attorney General Greg Zoeller issued a 55-page report today studying the constitutionality of the U.S. Senate-created health-care bill and what its impact might be on Indiana. The in-house research and drafted report comes a month after some of Indiana's congressional delegation asked the state agency to review provisions of the Patient Protection and Affordable Care Act under Indiana Code 4-6-8-2 that allows this specific review if requested.

If the legislation is passed, the AG has determined that Indiana would bear substantial economic costs - roughly about $500,000 more added to the Medicaid rolls - and create unintended consequences for patients, taxpayers, and the state's medical-device industry.

Legally, the report notes that some provisions could be struck down in a court challenge:

· The bill's "individual mandate" requiring everyone to buy health insurance or face a penalty would be unprecedented; never before has the federal government required Americans to purchase any good or service, nor has it regulated inactivity.

· The bill's "Nebraska Compromise" amendment would expand the number of Medicaid participants in all states but fully fund the expansion for Nebraska only, while the other 49 states would have to absorb additional costs. While courts are properly reluctant to second-guess legislative deal making, such disparate treatment of one state appears to violate Article I of the U.S. Constitution, the report says.

· The bill would also require states to create insurance "exchanges" and require for-profit health insurers to offer certain types of coverage, making private insurers essentially highly regulated entities similar to public utilities, the report says. Before insurance exchanges are available, states would have to administer a temporary reinsurance program for high-risk patients. That mandatory obligation on the part of state officials might be found unconstitutional, according to the report.

The full report can be viewed online.

While passed by the Senate Dec. 24, the health-care proposal remains pending in Congress and the Indiana Attorney General's Office report is being offered for legislators to consider as that process continues.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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