Judge tosses health care religious freedom suit
Associated Press correspondent Nedra Pickler reports:
A federal judge on has thrown out a lawsuit claiming that President Barack Obama's requirement that all Americans have health insurance violates the religious freedom of those who rely on God to protect them.
U.S. District Judge Gladys Kessler in Washington dismissed a lawsuit filed by the American Center for Law and Justice, a Christian legal group founded by evangelist Pat Robertson, on behalf of five Americans who can afford health insurance but have chosen for years not to buy it.
The case was one of several lawsuits filed against Obama's requirement that Americans either buy health insurance or pay a penalty, beginning in 2014. Kessler is the third Democratic-appointed judge to dismiss a challenge, while two Republican-appointed judges have ruled part or all of the law unconstitutional. Kessler wrote that the Supreme Court will need to settle the constitutional issues.
Three of the plaintiffs — Margaret Peggy Lee Mead of Hillsborough, N.C., Charles Edward Lee of San Antonio and Susan Seven-Sky of West Harrison, N.Y. — are Christians who said they want to refuse all medical services for the rest of their lives because they believe God will heal their afflictions. They say being forced to buy insurance would conflict with their faith because they believe doing so would indicate they need "a backup plan and (are) not really sure whether God will, in fact, provide," the lawsuit said.
The two other plaintiffs — Kenneth Ruffo of San Antonio and Gina Rodriguez of Plano, Texas — have a holistic approach to medical care and prefer to pay for their health services out of pocket, in part because insurance often doesn't cover their chosen methods of healing.
The lawsuit argued that Congress does not have the power under the Constitution to require health care purchases and that the mandate violates the Religious Freedom Restoration Act of 1993.
Kessler rejected both arguments and ruled that Congress has the right to regulate health care spending under the Commerce Clause and that the individual mandate must be viewed not as a stand-alone reform but as an essential part of the law Obama signed 11 months ago aimed at reducing overall costs. She also said that anyone who objects to having health care for religious reasons can choose to pay the penalty instead — as the lawsuit said all five plaintiffs plan to do.
Kessler also expressed doubts that they can really determine whether they will never require health care. "Individuals like plaintiffs who allege now that they will refuse medical services in the future may well find their way into the health care market when they face the reality of illness or injury," she wrote.
Judges George Steeh of Michigan and Norman Moon of Virginia — like Kessler, they were nominated to the federal bench by President Bill Clinton — dismissed suits against the individual mandate last fall. George W. Bush-appointed Henry Hudson in Virginia ruled the insurance purchase requirement unconstitutional in December, while Ronald Reagan appointee Roger Vinson in Florida ruled the entire health care reform act unconstitutional last month.
The Justice Department, which has been defending the law in court, noted that the law has now been upheld more times than not.
"We welcome this ruling, which marks the third time a court has reviewed the Affordable Care Act on the merits and upheld it as constitutional," said spokeswoman Tracy Schmaler. "This court found — as two others have previously — that the minimum coverage provision of the statute was a reasonable measure for Congress to take in reforming our health care system."
Comments
This ruling is a shame mostly because it forces us to buy health insurance when we see God curing us and others. It is also a shame for those who choose to treat themselves with natural cures. My stepdad had a large tumor on one of his lungs. My half sister went to the health food store and got him Mgn3 which is a concentrated mushroom formula. He took megadoses of it and his tumor disappeared. A doctor looking at the scan said that it looked like his surgery had gone well. My sister remarked that he never had surgery. His own doctor then asked my sister for info on the product. Anyway, the FDA closed down the company producing the formula because of labeling requirements. They made them throw out all the formula. Essentially, the product worked and the drug companies wanted it closed down so they could continue to sell their anti-cancer drugs, often with serious side effects. They contribute much money to medical schools, have paid for doctors lunches (I know of a platter being brought into a doctor's office by a drug rep), and they contribute to the FDA under the counter. They dont want doctors to think out of the box, with the box being the drug manual. Now the product is being made without the claims that they had on the label. It is expensive. I use another mushroom formula for maintenance. They contain Maiitake and Shiitake mushrooms and some other ingredients. Be sure to buy supplements with no preservatives like potassium sorbate. What Obamacare will force people to do is to buy insurance even though they dont need anything other than the health food store and eating a proper diet. Is this fair? How much money did the drug companies contribute to the president's campaign? Even though the president's main motivation may be to provide insurance to all he feels have been unfortunate enough to not afford it, it could have deadly side effects. That sounds like pharmaceuticals. What I mean is keeping people away from the health food store. Also, if someone smokes three packs of cigarettes a day and needs an operation because of it, should the average working American pay for it? Most Americans dont believe so.
Posted by: Clay | February 25, 2011 12:29 PM
Clay trying to use religious freedom as a reason to overturn the law was never going to work. They aren’t obligated to buy insurance, they could pay the penalty. Even if one buys it that doesn’t require it to be used.
The reason the FDA clamps down on natural cure is most are frauds. There is no studies to back them up. In the case of Mgn3 there are no credible studies supporting it’s claims. Getting a drug approved is a question of doing proper testing with proper controls. Most companies who market these types of cure don’t do that research which means nothing is known of long term side effects as well as how effective they really are. Your claims may just as likely be do to some other factor. There is no conspiracy to keep cures off the market. What is being done is scammers from taking advantage of people making exaggerated unproven claims for a quick buck.
Clay you aren’t a doctor and you likely have no training in pharmacology, chemistry or biology so you aren’t qualified to comment on the topic. By the way many health plans actually encourage what they call well care. We are already paying for those who made foolish health decisions. No one is being kept away from anything. I’m not a great supported of the Presidents program because I don’t think enough was done to bring down the actual cost of health care in this country. That is the real looming problem. A problem that can be corrected if both parties put their respective special interests aside and fix the legislation.
Posted by: Anonymous | February 25, 2011 4:03 PM
No one should have to pay any penalty. Also, the drug companies arent interested in studies showing the effectiveness of natural cures, as many have shown. They dont make money off of them. If someone has to be a doctor to recommend natural cures then we are in a lot of trouble. The drug companies have too much influence on them. Why would the drug companies want studies showing the effectiveness of natural cures? Most natural cures arent frauds. Herbs are food in a capsule. They either treat a deficiency in the body or help with something in the body that doesnt need to be there. Your claim that I am not qualified to make a comment on a product that I have been using for years, such as Shen Min which has removed my gray hair, is silly. Chinese people who have been using herbs for thousands of years dont have to explain anything to anyone. Maybe we are paying for the foolish health decisions of people, but with national health care that cost will obviously go up.
Posted by: Clay | February 25, 2011 11:17 PM
Cl;ay,
I hope you were not disappointed when the Shen Min removed your gray hair. Personally, I find bald men very attractive. Don't feel too threatened, though. I also value wit and intelligence.
Posted by: BankStreet | February 26, 2011 10:53 PM