MSNBC news programs: on Health Care


Anthony Kennedy: ObamaCare not ok under Commerce Clause, but ok as tax

Back on March 27, Roberts and Kennedy were very skeptical of the thrust of the government's case--that the mandate was justified under the so-called "commerce clause" of the Constitution and the government's right to regulate markets--especially how it could be limited to the health care market.

The government's lawyer, Solicitor General Donald Verrilli, made a strong case for the government's taxing power. While the taxing power argument was certainly not the focus of post-oral arguments analyses, it was the one that eventually won the day--that the mandate would be administered by the Internal Revenue Service, the agency responsible for taxation. Verrilli said, "It is administered by the IRS; it is paid on your Form 1040 on April 15th," when pressed by Roberts.

Some of the toughest questioning came as it related to the president arguing the mandate was not a tax. But Verrilli countered that it's up to the court to decide what's justified under the law, not the rhetoric of politicians.

Source: MSNBC First Read on 2012 election:"Verilli Won Over Roberts" Jun 29, 2012

John Roberts: ObamaCare not ok under Commerce Clause, but ok as tax

Back on March 27, Roberts and Kennedy were very skeptical of the thrust of the government's case--that the mandate was justified under the so-called "commerce clause" of the Constitution and the government's right to regulate markets--especially how it could be limited to the health care market.

The government's lawyer, Solicitor General Donald Verrilli, made a strong case for the government's taxing power. While the taxing power argument was certainly not the focus of post-oral arguments analyses, it was the one that eventually won the day--that the mandate would be administered by the Internal Revenue Service, the agency responsible for taxation. Verrilli said, "It is administered by the IRS; it is paid on your Form 1040 on April 15th," when pressed by Roberts.

Some of the toughest questioning came as it related to the president arguing the mandate was not a tax. But Verrilli countered that it's up to the court to decide what's justified under the law, not the rhetoric of politicians.

Source: MSNBC First Read on 2012 election:"Verilli Won Over Roberts" Jun 29, 2012

Tim Kaine: Public option puts some real competition into the system

Q: Who's the other side in this ObamaCare debate?

KAINE: Primarily insurance companies. They do better if they can kick people off insurance or not cover people who they say have preexisting conditions. They fought against it hard in the 1990s & are fighting against it now. But the overwhelming majority of the American public think the system is broken and they want health insurance reform. They want a public option to put some real competition into the system.

Q: We're seeing some opposition, even from conservative Democrats, because of pressure from industry.

KAINE: This is a heavy lift. Every president since President Truman has said, we need to find a health care future where we have a competitive insurance market and all Americans receive coverage. But all the polling I've seen says the overwhelming majority of the American public support the basic principles of lowering costs for families and businesses, preserving choices, and actually expanding choice with a public option.

Source: MSNBC "The Rachel Maddow Show" on 2010 election Jul 29, 2009

  • The above quotations are from Rachel Maddow Show and other MSNBC news shows.
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