
Supreme Court Justice Stephen Breyer said today that he thinks health care reform legislation may be a good candidate for review by the court.
Speaking to the House Appropriations Subcommittee on Commerce, Justice and Science about next year's funding, Breyer suggested the legislation could come before the court in the coming years.
Asked about the court's relatively light caseload, he said that will probably change.
"Every word in a bill is subject for an argument in court," Breyer said. "You have passed a law with 2,400 pages. It probably has a lot of words. And I would predict, as a test of my theory, that three or four years from today, no one is going to ask us again why we have so few cases."
He didn't mention the legislation by name.
Watch:
Opponents of health care reform have called the bill unconstitutional throughout the health care debate. Republican attorneys general and governors from more than a dozen states have filed a lawsuit against the federal government alleging that the bill, specifically the individual mandate, violates the Constitution.
Breyer was appointed to the court by President Clinton in 1994.
Editor's Note: This post has been revised since it was first published.
Powkat
April 15, 2010 12:27 PM
Of course, the forces who hate people having access to health care without paying corporations outrageous sums have oodles of money to pursue it. I just hope that by the time any case reaches the Supremes HCR will be too popular to consider overturning it, and the court will no longer be in the hands of the conservative bloc.
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nomad28
April 15, 2010 12:48 PM
Please stop parroting the liberal talking point that health insurance companies are making "outrageous" sums of money. I know that if problably makes you feel nice and warm inside when you say it, but it's patently false. Did you know that health insurers posted a 2.2 percent profit margin last year, placing them 35th on the Fortune 500 list of top industries.
Heck, farm and construction machinery, Tupperware, the railroads, Hershey sweets, Yum food brands were more profitable than the health insurance industry! Are you going after the little old lady next door that's always trying to sell you tupperware?
You liberals always try to vilify corporations, because it fits into your nice little worldview. However, you probably all work for a corpororation thay pays for your health insurance, right? You're all hypocrites! every one of you!
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tha89kid
April 15, 2010 12:54 PM in reply to nomad28
*yawns*.......
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nomad28
April 15, 2010 12:56 PM in reply to tha89kid
You tired? maybe you shouldn't be drinking into the wee hours of the morning... just sayin'
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kenga
April 15, 2010 12:58 PM in reply to nomad28
a 2.2 percent profit margin last year, placing them 35th on the Fortune 500 list of top industries.
BFD.
2.2% of how much? If it's 1 Trillion, that's 22 Billion in profit.
And a sizable chunk of that really ought to be part of the medical loss, given rescission and other sleight-of-hand.
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George C
April 15, 2010 1:06 PM in reply to nomad28
Look at it this way: 30 years ago health insurance companies were non-profit. If they remained non-profit, how much would it save the country off its health care bill?
I heard an interview with Cigna a couple of weeks ago, and the CEO acknowledged that in 2009 his company alone earned $18 billion in profits and managed to pay its Chairman $125 million. Does that bother you? If one company earned $18 billion in profits, how much does the rest of the industry earn.
The trouble with "profits" in the case of health insurance is that the decisions made with respect to coverage are based on shareholder needs and not on medical facts. The incentive is all warped. Doesn't make any difference whether the profit margin is 2.2% or 15%.
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cambridgeMR
April 15, 2010 1:08 PM in reply to George C
Blue Cross Blue Shield is nonprofit in my state. And they still suck.
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cambridgeMR
April 15, 2010 1:08 PM in reply to nomad28
The CEO of United Health Care made about $100 million this year.
It sounds like his company is doing fine.
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Tao Jonesing
April 15, 2010 1:13 PM in reply to nomad28
@nomad28,
I've seen this profit margin argument before (I think on Crooks and Liars), and I believe that the way the health insurance companies have to account for their reserve requirements (i.e., the money they have to hold in reserve, just in case) depresses their "earnings" but they still have the money. In other words, looking at the profit margin alone does not tell you the whole story of how profitable and wealthy the companies actually are.
Another way to think of it: if the health insurance companies are run so poorly that they have such a crappy profit margin, how come they keep giving their executives such hefty raises?
Everybody needs to check his filters when reviewing each side's talking points.
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lousgirl84
April 15, 2010 1:16 PM in reply to nomad28
GTFOOH - NOW!!!
Only thugs would have the nerve to worry about insurance companies who are probably the richest companies in the fucking world.
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traitorjoe
April 15, 2010 3:28 PM in reply to lousgirl84
That's the Great Republican Scam - getting middle managers, blue collar workers and the unemployed (like most of the Right Wing contributors) to empathize with the insurance companies who are ripping them off. They are the cattle defending the slaughterhouse.
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jeffgee
April 15, 2010 1:25 PM in reply to nomad28
How do you cons justify the enormous paychecks that health insurance CEOs get?
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mans_best_friend
April 15, 2010 1:28 PM in reply to nomad28
You simply cannot compare profit margins from one industry to the other. They may earn only 2%, but they also carry no inventory, make no products and have little overhead. In addition, 80% of the cash flow is just from policyholders to providers. A more comparable (to other industries) calculation of profit margin would exclude payments to providers and calculate the profit margin only on the remaining 20%, which would make their profit margin above 10%.
However, if your argument is that premiums are not as high as they are because of profits, then you're correct. If they eliminated their profits entirely premiums would decline by only 2%.
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jeffgee
April 15, 2010 1:29 PM in reply to nomad28
Do those other corporations decide who they will let buy their products? Do they ask for their products back without a refund whenever they feel like it? Do they have a division in their companies dedicated to denying their customers the service or product they produce?
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fsudirectory
April 15, 2010 1:38 PM in reply to nomad28
So, you know what they do, they pay top level executives 100's of millions of dollars to depress the total earnings since salaries are taken out as costs.
That's the dumbest argument ever man, learn something before you parrot some high level fox talking point, there is usually something significant that undermines it within a google search's distance
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human
April 15, 2010 1:52 PM in reply to nomad28
and yet they always have millions to pay for lobbying against reform, advertising, and paying at least some of their executives tens of millions.
Gee, can't imagine why anyone might have a bad impression of them. Maybe if you weren't just parroting wingnut talking points and braindead stereotypes about the evil "liberals" you might actually understand this.
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free2bme
April 15, 2010 2:20 PM in reply to nomad28
You are obviously a Repuglican and are therefore numerically and factually challanged. In your FakeNews analysis of healthcare industry profits, you failed to define how those profits are calculated. You see, the devil is in the details. So here is some education on how those numbers were fudged so that you can make the uninformed rant that you made on this thread.
Insurers are measuring their profits against total health care spending, not total company revenues. So the 2.2% profit margin you mentioned is misleading and therefore false in the context of your argument or rant. The 2.2% does not take into account the revenues generated by these companies, just the cost of healthcare spending in relation to their administration costs, marketing costs and profit taking. If you add back the revenue totals for the year, their profit margin is substantially higher in relation to costs. Insurance companies actually take 15-20% right off the top of each insurance premium for profit, marketing and Administrative Costs (which is code for we need to pay our CEO at a low of $2.3 million at Cigna and as high as $38.8 million for Cigna CEO., with a 5 year payout ranging from $57million to $120 million for one CEO at Cigna.)
And if their profit forecast projection was so low, how was the industry able to afford spending $1.4 million per day to fight HCR. Because they are fudging the profit forecast by removing profit from the calculation of total revenues at the top.
Additionally, you are ignoring how poorly healthcare stocks performed in 2008 which affected their profit projections for 2009 and this year. Do you know the reason for the poor stock performance? Because of how the last administration screwed the economy and federal budget with out of control spending under a conservative White House with 2 unpaid for wars not included in the federal budget, but passed through reconciliation so that the cost was not on the books. All Republicans are good at is lying, fudging and making up stories to suit your small worldview.
So next time, get your facts straight, because you Republicans always try to vilify liberals because it fits into your worlview (you got that straight from FakeNews. Additionally just because I may have healthcare from my company, they cannot afford to give me a raise in 5 years because Healtcare premiums kept rising faster than inflation. Our company healthcare premiums are 200% higher than 5 years ago. For you mathematically challenged, that is a 40% increase annually year over year. That is why HCR is necessary.
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garp
April 15, 2010 3:12 PM in reply to free2bme
Couldn't help but notice how nomad28 had no reply to those correcting the picture on profits.
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jelemd
April 16, 2010 1:50 PM in reply to garp
Brilliant you idiot.
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jelemd
April 16, 2010 1:48 PM in reply to free2bme
You probably did not even pay taxes '09.
You are a Marxist communist a Leftist not a "Liberal" how stupid.
This is not even about insurance company profits. This is about Big Government which is worse!!
If you want to continue to be "free2bme" What a stupid name. You should vote republican in the next election to restore freedom and liberty not the tyrany currently foisted upon America.
President Obama is a thief and a communist and he lied in the election and he continues to lie now. He should be impeached.
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runfastandwin
April 15, 2010 2:59 PM in reply to nomad28
Sure that's what they "posted" but dig a little deeper and you will see that the real number is closer t0 40%. Not to mention they pay their CEOs upwards of 8 figures.
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beringerd
April 15, 2010 3:54 PM in reply to nomad28
ONLY 35th in the FORTUNE 500?! Yeah, time to feel sorry for those poor persecuted minorities without voices – your wildly profitable yet dysfunctional heath insurance provider.
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Powkat
April 15, 2010 5:51 PM in reply to nomad28
Worked for 2 different insurance companies in my life so don't even try to tell me they are not run by scumbags who take huge salaries and cheat their clients. I've been there and seen it up close.
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loudprogressive
April 15, 2010 6:03 PM in reply to nomad28
Awww. Poowar heawfcawe monopowees. Did you know they only were listed 35th on the Fortune 100? We bedda do something that. They are exempt from anti-trust laws and they're barely scraping by. Now I feel so much better being mandated to pay my regional corporate monopoly now. Maybe with this healthcare bill we can finally get them into the teens on the Fortune 100 next year??
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oetkb
April 16, 2010 2:06 PM in reply to nomad28
As usual this is a distorted line from the insurers. Their 2% also counts the money they pay out to providers and hospitals. This is not revenue for their operations and in a sense does not belong to them. Their true profit is 10 to 15% on the actual money they use to run their business. They even call this payout to doctors the "Medical Loss Ratio." That should tell you something. It is a begrudging hint that they realize it is not theirs but wish it was. There is nothing liberal or conservative in recognizing they are very profitable enterprises.
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Tao Jonesing
April 15, 2010 1:15 PM
It's more than a tad disturbing that a sitting Supreme Court justice decided to publicly opine that HCR may be unconstitutional.
Yep. That's what he did. I wonder how that will affect the thinking of a district court judge.
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Trailerville
April 15, 2010 1:20 PM in reply to Tao Jonesing
He didn't opine that it may be unconstitutional. It doesn't give the exact quote, but it looks like he simply said it may be a good candidate for review. This would make some sense because numerous states are challenging the constitutionality and it would be good to get this issue resolved once and for all.
There is no way that Breyer would think this is unconstitutional. He's one of the good ones on the court, and has seemed pretty comfortable with a broad reading of the commerce clause in the past.
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slb
April 15, 2010 1:25 PM in reply to Tao Jonesing
No, that's not what he did. He simply said he thought it would come before the Court. That only means that he thinks litigation might raise questions that the Court will want to rule on. It doesn't mean that he thinks the law will be struck down, and in fact, I would be surprised if Breyer would want to do that. I seem to remember froma profile of him that I read years ago that he tended to be deferential to legislatures in general and Congress in particular.
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personalrob1
April 15, 2010 1:55 PM
The story needs to be re-written, or further researched by the journalist who authored it. In the current context, it is not meaningful to say that a suit might come before the court. The question is, does he think the current suit will make it. In any event, I doubt he would put himself in the position of saying one way or the other, as that would be a comment on the validity of the suit.
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human
April 15, 2010 2:01 PM in reply to personalrob1
A prediction as to whether a case regarding a particular law might reach the SCOTUS is not a statement on the merits or validity.
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human
April 15, 2010 1:58 PM
Yep. That's what he did.
Nope, he didn't, not at all. Although I don't think his prediction about this law filling up the Court's caseload is accurate at all. Most of the opposition to HIR is based on the individual mandate--I don't see why they would have to hear more than one case to determine that issue, although I suppose it might take longer because they have to read that big font, double spaced bill with giant margins. Well, at least their clerks will. So there's maybe one extra day.
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artgurrl
April 15, 2010 2:02 PM
This is exactly why a strong public option and a Medicare for all through a buy in should be passed right away. If this bill gets knocked down in the Supreme Court, the people have a back up plan to go to for health insurance. And, the insurance corporations will get the shaft either way. These guys shouldn't even be in business.
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Steve in Seattle
April 15, 2010 2:58 PM
Beyer did us a favor.
By recognizing that the issue is likely to come before the court he allows justices to avoid discussing it in confirmation hearings as it would be improper for them to comment on issues that are likely to "come before the court".
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redsteve
April 15, 2010 3:23 PM
My guess is that HCR is so corporatist and beneficial enough to Big Insurance that even some of the activist Scalito faction will not vote to overturn it. The hitch may be that the desire to deal a blow to Obama might trump their allegiance to the plutocracy.
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Jackster
April 15, 2010 4:09 PM
2400 pages and lot's of words, oh my, can't taste good being jammed down the American peoples throats.
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tytester
April 15, 2010 4:31 PM
To me, the most significant fact in that story is that SCOTUS has a "light caseload". This only confirms my observation that (no offense intended!) most of the senior citizens on SCOTUS have each lost one or more marbles and are not really interested in deciding cases. (FYI, unlike a fed appeal court, the SCOTUS picks which cases to hear - it needs at least 4 senior citizens to hear a case; so "light caseload" means at least 6 senior citizens are not really that much into doing their jobs.)
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