Obamacare: Road To Decay

Philadelphia Abortion Doctor Charged With 8 Counts Of Murder

A West Philadelphia abortion doctor, his wife and eight other suspects are now under arrest following a grand jury investigation.

Dr. Kermit Gosnell, 69, faces eight counts of murder in the deaths of a woman following a botched abortion at his office, along with the deaths of seven other babies who, prosecutors allege, were born alive following illegal late-term abortions and then were killed by severing their spinal cords with a pair of scissors.

“I am aware that abortion is a hot-button topic,” said District Attorney Seth Williams. “But as district attorney, my job is to carry out the law. A doctor who knowingly and systematically mistreats female patients, to the point that one of them dies in his so-called care, commits murder under the law. A doctor who cuts into the necks severing the spinal cords of living, breathing babies, who would survive with proper medical attention, is committing murder under the law.”

Gosnell is facing charges of murder in the third degree for the death of 41-year-old Karnamaya Mongar. Mrs. Mongar died on November 20, 2009, when she was overdosed with anesthetics prescribed by Gosnell. He is also facing seven murder charges for the deaths of infants who were killed after being born viable and alive during the sixth, seventh, or eighth month of pregnancy. Gosnell is also facing numerous other charges.

Gosnell is suspected of killing hundreds of living babies over the course of his 30-year practice. However, he is not charged because the records do not exist.

DA Williams said Gosnell made approximately $1.8 million in one year alone performing the procedures.

Four of the suspects, some improperly licensed according to officials, also face multiple counts of murder for allegedly killing the newborns. All of the suspects are now behind bars after warrants were served overnight.

A search of Gosnell’s office, called the Women’s Medical Society, revealed that bags and bottles holding aborted fetuses were scattered throughout the building. Jars containing the severed feet of babies lined a shelf.

Gosnell, a family practioner, was never certified as an OB/GYN. He is accused of re-using unsanitary instruments and performing procedures in filthy rooms. Some of the rooms had litter boxes and animals present at the time of the operations.

Investigators also said Gosnell allowed unlicensed employees, including a 15-year-old high school student, to perform operations and administer anesthesia.

The grand jury investigation revealed that, for over two decades, government health and licensing officials had received repeated reports about Gosnell’s dangerous practices. However, no action was ever taken, even after the agencies learned that Mrs. Mongar had died during routine abortions under Gosnell’s care (see related story).

Dr. Gosnell, who has practiced in the West Philadelphia neighborhood for decades, is also the target of a federal grand jury investigation into illegally prescribing prescription drugs. Investigators say during a search of his home, they found $240,000 in cash.

Defense attorney William J. Brennan, who was out of town when the arrest happened this morning, said he had not yet talked to Dr. Gosnell, but says the charges are extremely serious and emotionally charged, and it is extremely important not to have a rush to judgement. Brennan says Gosnell is “cloaked with the presumption of innocence.”

Meanwhile, a civil suit has also been filed against Gosnell on behalf of the husband and children of the woman who died after an abortion. The suit seeks unspecified damages for the family of Karna Mongar, an immigrant from Bhutan who spent many years as a refugee. The suit claims she died after just five months here because of treatment by unlicenced personnel in a facility that lacked proper medical equipment.

The doctor, in past interviews with Eyewitness News, has proclaimed his innocence, predicting if charged, he will be acquitted.(source)

26 States Join Suit Against Obama Health Law

Jan. 18: Rep. Steve King, R-Iowa, speaks after accepting delivery of signed petitions demanding the repeal of 'ObamaCare' in Washington.

PENSACOLA, Fla. -- Six more states joined a lawsuit in Florida against President Obama's health care overhaul on Tuesday, meaning more than half of the country is challenging the law.

The announcement was made as House members in Washington, led by Republicans, debated whether to repeal the law.

The six additional states joined Florida and 19 others in the legal action, Florida Attorney General Pam Bondi said.

"It sends a strong message that more than half of the states consider the health care law unconstitutional and are willing to fight it in court," she said in a statement.

The states claim the health care law is unconstitutional and violates people's rights by forcing them to buy health insurance by 2014 or face penalties.

Government attorneys have said the states do not have standing to challenge the law and want the case dismissed.

Lawsuits have been filed elsewhere. A federal judge in Virginia ruled in December that the insurance-purchase mandate was unconstitutional, though two other federal judges have upheld the requirement. It's expected the Supreme Court will ultimately have to resolve the issue.

"It is important to note that two of the three courts that have reviewed this law on the merits have found it constitutional, and those decisions --as well as two others the government prevailed on -- are pending in courts of appeal. At the same time, trial courts in additional cases have dismissed numerous challenges on jurisdictional and other grounds that have not been appealed," Justice Department spokeswoman Tracy Schmaler said.

Meanwhile, the White House dismissed an expected vote on repealing the law, saying the Republicans' push was not a serious legislative effort. Democrats have a majority in the Senate and they have said they will block repeal in that chamber.

In the Florida case, the states also argue the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it. They say the new law gives the state's the impossible choice of accepting the new costs or forfeiting federal Medicaid funding.

Florida U.S. District Judge Roger Vinson could rule later this month whether he will grant a summary judgment in favor of the states or the Obama administration without a trial.

Florida's former Republican Attorney General Bill McCollum filed the lawsuit just minutes after President Obama signed the 10-year, $938 billion health care bill into law in March. He chose a court in Pensacola, one of Florida's most conservative cities. The nation's most influential small business lobby, the National Federation of Independent Business, also joined the suit.

Joining the coalition in the Florida case were: Iowa, Kansas, Maine, Ohio, Wisconsin and Wyoming.

The other states that are suing are Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.(source)

HOW DEMS OPERATE: Call The House GOP Nazi's

The newfound civility didn’t last long. Political rhetoric in Congress doesn’t get much nastier than the words of one House Democrat during the debate on repealing the health care law.

In an extraordinary outburst on the House floor, Rep. Steve Cohen (D-TN) invoked the Holocaust to attack Republicans on health care and compared rhetoric on the issue to the work of infamous Nazi propagandist Joseph Goebbels.

“They say it's a government takeover of health care, a big lie just like Goebbels," Cohen said. "You say it enough, you repeat the lie, you repeat the lie, and eventually, people believe it. Like blood libel. That's the same kind of thing." And Congressman Cohen didn’t stop there.

“The Germans said enough about the Jews and people believed it--believed it and you have the Holocaust. We heard on this floor, government takeover of health care. Politifact said the biggest lie of 2010 was a government takeover of health care because there is no government takeover," Cohen said.

Cohen made his comments late last night, but they have attracted no attention because his speech was made to a virtually empty House chamber with no reporters around to watch.(source)

OBAMACARE REPEALED: House Votes To Repeal On Strict Party Lines

House Republicans passed a bill to repeal President Barack Obama’s health care plan Wednesday, taking their first major step toward rolling back the massive overhaul that has dominated the American political landscape for almost two years.

The vote was 245 to 189, and unanimous GOP support gave the vote the same partisan feel of the March vote to pass the law, underscoring once again the hardened political lines of the health care debate. Only three Democrats backed the repeal, a smaller number than Republicans had once predicted.


The bill will head next to the Senate, where Majority Leader Harry Reid (D-Nev.) has promised to block it. If it did receive a vote, the repeal bill would be unlikely to draw support from even a majority of senators. Even so, House Republican leaders have challenged Reid to give the bill a vote since Democrats, who control the chamber, have little to fear.

Republicans rejected a procedural maneuver by the Democratic minority to make repeal ineffective unless a majority of the House and Senate withdraw from the federal health benefits program within 30 days after passage by each chamber.

House Majority Leader Eric Cantor (R-Va.) said the effort was “an attempt to derail an appeal of the Obamacare bill.”

House members flooded the floor throughout the day, delivering short but occasionally impassioned speeches that echoed their party’s talking points.

Rep. Lee Terry (R-Neb.) called the law “a trillion-dollar tragedy.”

Rep. John Duncan (R-Tenn.) described it as “job-killing” and “socialistic.”

Rep. Kevin Duncan (R-Texas) said “health care is too important to get it wrong, and Obamacare got it wrong.”

But Rep. Steve Cohen (D-Tenn.) took the debate to a new level late Tuesday night, suggesting to an empty House floor that Republican rhetoric around health care reform is akin to Nazi propaganda that fed anti-Semitism during World War II.


“They say it’s a government takeover of health care, a big lie just like Goebbels,” Cohen said, referring to a Nazi propagandist. “You say it enough, you repeat the lie, you repeat the lie, and eventually, people believe it. Like blood libel. That’s the same kind of thing.”

Reps. Frank Pallone (D-N.J.) and Cliff Stearns (R-Fla.) agreed Wednesday afternoon that the health reform law creates jobs, but sparred on their merits.


Pallone said it’s a good thing that the new law creates jobs in the health care sector. He also said he was glad to hear Stearns say that the law will create jobs, a point, he says, Republicans won’t concede.

But Stearns fired back, saying the measure creates the wrong kind of jobs.

“Perhaps the gentleman of New Jersey didn’t listen to me when I just spoke,” Stearns said. “It’s creating 150 new government agencies. And these are all government jobs. When we talk about job creation here, that’s government jobs.”

The House will vote Thursday to instruct four committees to draft alternative health care proposals that reflect Republican priorities, such as reducing medical malpractice lawsuits, prohibiting the denial of coverage to people with preexisting conditions and barring the use of taxpayer money for abortions.

But House Speaker John Boehner (R-Ohio) said Republicans won’t put a deadline on drafting an alternative to the Democrats’ health care reform law.

“I don’t know that we need artificial deadlines set up for the committees to act,” Boehner said. “We expect them to act in an efficient way, allowing all of their members on their committees to be heard, both Democrats and Republicans.”

Republicans introduced alternatives to the health reform legislation in the last Congress but have said they want to start those conversations anew in the several House committees with jurisdiction over health care.

Democrats tried to score some late political points amid the repeal vote by calling on members to give up their health benefits — the very kind of government-run health care Republicans rail against.

“It’s time for those who support repeal to give up the federal health benefits they currently enjoy as Members of Congress – the same benefits and protections they are voting to take away from millions of Americans,” a House Democratic leadership aide said. “Americans have a right to know that those who support repeal are willing to live without the same benefits they are denying their constituents.”(source)

Obama's Health-Care Law Ruled Unconstitutional Over Insurance Requirement

The Obama administration’s health- care overhaul unconstitutionally requires Americans to maintain a minimum level of health insurance, a federal judge ruled, striking down the linchpin of the plan.

U.S. District Judge Henry Hudson in Richmond, Virginia, said yesterday that the mandate on individuals in President Barack Obama’s health-care legislation goes beyond Congress’s powers to regulate interstate commerce. Hudson severed the issue of the mandate, which is set to become effective in 2014, and didn’t address other provisions such as expanding Medicaid.

“At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it’s about an individual’s right to choose to participate,” wrote Hudson, who was appointed by President George W. Bush in 2002.

The ruling is the government’s first loss in a series of challenges to the law mounted in federal courts in Virginia, Michigan and Florida, where 20 states have joined an effort to have the statute thrown out. Constitutional scholars said unless Congress changes the law, its fate on appeal will probably be determined by the U.S. Supreme Court.

Virginia Attorney General Ken Cuccinelli, who brought the suit, said his office has spoken with lawyers from the Justice Department about asking the U.S. Supreme Court to take the case without a review by the federal appeals court in Richmond. Tracy Schmaler, a Justice Department spokeswoman, said she had no comment on Cuccinelli’s statement.

Appeal Likely

A senior Obama administration official said that an appeal of Hudson’s ruling was likely and also expressed confidence that the legislation would be upheld.

“This is only round one,” Cuccinelli said, during a news conference at his office in Richmond. “This lawsuit is not about health-care, it’s about liberty.”

In his 42-page opinion, Hudson said the “unchecked expansion” of congressional power represented by the insurance requirement “would invite unbridled exercise of federal police powers.” No Supreme Court decision has authorized Congress to “compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” he wrote.

To overcome that conclusion, the Obama administration ultimately may have to persuade at least one of the five Republican-appointed justices on a Supreme Court that in recent years has limited Congress’s power to regulate interstate commerce.

Commerce Clause Cases

The court hasn’t directly considered a challenge to Congress’ power under the Constitution’s commerce clause since John Roberts became chief justice in 2005.

“There’s a lot of activity focused now on alternatives to the mandate,” said Dan Mendelson, chief executive officer of Avalere Health, a Washington-based consulting firm.

Hudson, who didn’t order the government to stop work on implementing the law during an appeal, limited his ruling to the mandatory insurance provision.

Peter Urbanowicz, a managing director at Alvarez & Marsal Healthcare Industry Group in Washington, said he read the decision to leave in place all of the law’s obligations on insurers for expanded coverage. If Hudson’s decision is upheld, insurance companies would be required to provide new benefits without expanding the pool of insureds, he said in an e-mail.

That would cause “skyrocketing costs” for insurers, said Robert Zirkelbach, a spokesman for the Washington lobby group, America’s Health Insurance Plans.

Health-Insurance Stocks

Health plans rose as much as 2.7 percent after the ruling was announced, and then fell back. The Standard & Poor’s Managed Health Index of six insurers climbed 0.3 percent in New York trading, led by a 1 percent increase for Aetna Inc. of Hartford, Connecticut. UnitedHealth Group Inc. of Minnetonka, Minnesota, the largest medical plan by sales, rose 0.6 percent.

White House spokesman Robert Gibbs said at a press briefing yesterday said that the administration still believes the legislation is constitutional.

“One hundred and fifteen miles away, a different judge in a different district rendered a different decision,” Gibbs said, referring to a Nov. 30 ruling by U.S. District Judge Norman Moon, in Lynchburg, Virginia, named by President Bill Clinton. That decision upheld the act in a lawsuit brought by the evangelical Liberty University and five individuals. U.S. District Judge George Caram Steeh in Michigan, another Clinton appointee, also sided with the government.

‘Will Be Upheld’

“Our belief is that when all the legal wrangling is done, this is something that will be upheld,” Gibbs said.

Justice Department lawyers in court papers called the mandatory insurance measure the cornerstone of the overhaul as it pushes younger and healthier people into the insurance pool. Through the individual mandate and expansions of Medicaid and employer-based coverage, the law is estimated to provide 32 million more people with coverage by 2019, according to the Congressional Budget Office.

The law bars insurers from denying coverage to people who are sick or imposing lifetime limits on costs. Without payments generated from the required policies, the health-insurance market would face extinction, the government argued. The mandate falls under Congress’s power to regulate interstate commerce as $43 billion in unpaid medical bills are absorbed by the market each year, U.S. lawyers said.

‘Simply Wait’

“If people aren’t compelled to buy insurance and the insurance carriers are compelled to offer it, then many will simply wait until they are sick,” said John Sullivan, an analyst at Leerink Swann & Co. in Boston. “You can’t just pull this part out of it.”

Virginia’s suit claimed Congress has only the power to tax, not to force participation in a market. Its case defended the Virginia Health Care Freedom Act, a state law barring compulsory purchase of health insurance by its citizens.

Florida, joined by 19 other states, filed a separate lawsuit challenging the law’s constitutionality and arguing it puts too big a burden on its budget by expanding state-run Medicaid programs. U.S. District Judge Roger Vinson in Pensacola, Florida, is slated to hear arguments Dec. 16 on motions by each side to decide the case in their favor.

In the Florida case, the states are backed by 63 members of the U.S. House of Representatives, mostly Republicans, in a court brief. Incoming House of Representatives Speaker John Boehner, an Ohio Republican, and 32 Republican U.S. senators separately submitted papers arguing the legislation represents an unconstitutional expansion of congressional legislative powers.

Expansion of Medicaid

Florida’s Attorney General Bill McCollum said he is hopeful Vinson will strike down the individual mandate and halt the expansion of Medicaid.

“The implementation of this law could add more than 1.9 million Floridians to the Medicaid program, a tremendous financial burden on our state at a time when our budget has no room for extra expenses,” he said in a statement.

A group of about 40 economics scholars, including Nobel laureates Eric Maskin, George Akerlof and Kenneth Arrow, filed their own brief, arguing in favor of the legislative package.

The Virginia and Florida cases are the most likely to reach the Supreme Court, according to health-care and constitutional lawyers.

Both have been “well briefed and well drafted,” Urbanowicz said.

The case is Commonwealth of Virginia v. Sebelius, 10-cv-00188, U.S. District Court, Eastern District of Virginia (Richmond).(source)

Boehner Vows To Repeal Obama Healthcare Reforms

(Reuters) - Representative John Boehner, expected to be named the next speaker of the House of Representatives, vowed on Wednesday to repeal health care reforms pushed into law by the Obama administration.

"I believe that the healthcare bill that was enacted by the current Congress will kill jobs in America, ruin the best healthcare system in the world, and bankrupt our country," Boehner, an Ohio Republican, told a news conference. "That means we have to do everything we can to try to repeal this bill and replace it with common sense reforms to bring down the cost of health care. (source)

House Vote Counter Hunting For Health Care Votes

Rep. James Clyburn of South Carolina

WASHINGTON — The Democrat's chief vote counter in the House says that right now there aren't enough votes to pass President Barack Obama's health care overhaul.

But Rep. James Clyburn of South Carolina says he's confident that the legislation will pass. He says the White House and Democratic leaders in Congress have gotten to a point where there's a way to send the measure to the president's desk for his signature.

Clyburn tells NBC's "Meet the Press" that "a comfort level" has been reached among the House, Senate and White House on details about the sweeping legislation. But he concedes that House supporters don't have the necessary votes right now.

House Democratic leaders are pressing for a vote on their bill as early as this coming week. (source)

Pelosi Confident House Will Pass Health Care Bill

SAN FRANCISCO – House Speaker Nancy Pelosi said Saturday she's confident the House will pass health care legislation and dismissed Republican criticism that she did not have enough votes for the measure.

"We're very excited about where we are and will not be deterred by estimates that have no basis in fact," she said during a dedication of the renamed Lim P. Lee Post Office in San Francisco. The post office was renamed after the nation's first Chinese-American postmaster.

Pelosi declined to say when House members would vote on a health care bill, or how many votes that she had secured. Although she added that lawmakers were "on the verge of making history."

She also dismissed criticism by House GOP leader John Boehner of Ohio that she did not have sufficient votes.

"I'm never dependent on Congressman Boehner's count. I never have," she said to a smattering of laughter from the crowd.

House Democratic leaders are pressing for a vote on their bill as early as this coming week.

The legislation would provide health care to tens of millions who currently lack it. It would require almost everyone to obtain coverage and subsidize the cost of premiums for poor and middle-income Americans.

It would also ban insurance companies from denying coverage on the basis of pre-existing conditions.

The health care bill appeared to be on the verge of passing in early January before Democrats lost a special election in Massachusetts to fill the seat of the late Edward M. Kennedy and with it, their filibuster-proof majority in the Senate.

In the weeks since, the White House and Democrats have embarked on a rescue strategy that would require the House to pass legislation that cleared the Senate in December before both houses approve a second bill that makes changes to the first.

But some anti-abortion Democrats in the House have balked at the bill, and it's not clear they will vote for final passage. The bill needs 216 votes to clear the House.

Health Care Summit: When Owning 2 Branches Of Federal Gov't Ain't Enough