National Federation of Independent Business v Sebelius Essay Example for Free

National Federation of Independent Business v Sebelius Essay Life was different back in the 1880s. The telephone had just been invented, James Garfield was president, and doctors used heroin and cocaine as medicine. Alas, many doctors knew very little about medicine. Oftentimes unsafe and unsterile practices were used on patients. The NY Times reports that, â€Å"At least a dozen medical experts probed the President [Garfield]’s wound, often with unsterilized metal instruments or bare hands, as was common at the time. Historians agree that massive infection, which resulted from unsterile practices, contributed to Garfield’s death. One man suggested that they turn the president upside down and see if the bullet would just fall out. † Because of their usual lack of success, doctors did not charge very much for their services; it was very affordable most of the time, even for middle class families. However, as time and technology progressed, the cost of healthcare and medical instruments dramatically rose. In his â€Å"New Deal† package, President Roosevelt proposed a state-run healthcare system with compulsory health insurance for state residents, but states could choose whether to participate. The federal government would provide some subsidies and set minimum standards that the state had to adhere by. While the proposal did not pass, the idea of universal healthcare coverage for everyone stuck. Since Roosevelt, every single Democratic President elected into office has attempted to pass a version of universal health care, but none have achieved the feat. That is, until President Obama was sworn into office in January 2009. In his 2008 presidential campaign, he made healthcare reform a central issue. Both parties adopted their version of reform, but since Democrats held a majority in the House and the Senate at the time, their version was the one that passed. On March 23rd, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (dubbed by many Republicans as â€Å"ObamaCare†). According to the White House, it claims four key components of the law: stronger consumer rights and protections (which includes a ban on lifetime limits, a ban on denying children health insurance based on pre-existing conditions, and a ban on coverage cancellations), more affordable coverage (Private insurers must provide justification for double-digit increases in premiums), better access to care (Preventative screenings for cancer are now free), and stronger Medicare (Provides relief to seniors who cannot afford prescription drugs). Since insurance companies are required to provide care, it makes sense to buy insurance only when you need it. In other words, wait until you get sick to buy insurance, because they cannot turn you down. In order to combat this, the law includes an individual mandate, which requires anyone that can afford it to buy health insurance, or pay a penalty to the IRS. In essence, this is the part of the law that pays for it all. This is also the section many Republicans hate. In their philosophy, the government cannot force someone to buy something they may or may not need. They argued that this law was unconstitutional, and they sued in federal court to have the law nullified. There were three cases overall: one from the states (Florida v. U. S. Dept. of Health and Human Svcs. ), one from the federal government (U. S. Dept. of Health and Human Svcs. v. Florida), and one from the National Federation of Independent Business (Natl Fed. of Independent Bus. v. Sebelius). Due to conflicting rulings from the lower courts in different jurisdictions, the Supreme Court decided to hear the case to settle the differences. From March 26th to March 28th, 2012, the Supreme Court heard oral arguments from both sides. On the first day, the court heard argument over whether the Tax Anti-Injunction Act passed into law in 1867 barred the Supreme Court from even making a decision in this case. The Tax Anti-Injunction Act says, â€Å"No suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed. † Basically, it means that you cannot sue the government for a tax you believe is unfair, until you have already paid that tax. This was passed into law to prevent people from filing lawsuits against the government to avoid paying taxes. Potentially, this could mean that no one can challenge the constitutionality of the ACA (Affordable Care Act) until someone has actually paid the penalty. At the earliest, they could sue on April 15th, 2015. The Supreme Court held that since Congress specifically labeled the consequences of the mandate as a penalty rather than a tax, the Anti-Injunction Act did not apply to this case, and that the court had the authority to hear the arguments. On the second day, the court heard arguments over whether the ndividual mandate component of the ACA fell under the constitutional powers of Congress. There were two arguments from the Solicitor General’s side (the ones supporting the constitutionality of the ACA): the ACA was constitutional under the commerce clause, and that the ACA was constitutional under the taxing power of Congress. The states (the ones claiming the ACA is unconstitutional) argued that Congress could not create commerce for it to regulate, and that the law described the consequences of the mandate a â€Å"penalty†, therefore it is not a tax. On the third day, the court heard arguments on the severability of the law. They questioned whether the ACA could survive if the court struck down the individual mandate. In the end, in a 5-4 decision, the court upheld the individual mandate component of the ACA as a valid exercise of the taxing power of Congress. They concluded that a financial penalty for not buying something constituted a non-direct tax. Because it is a non-direct tax, it is not required to be apportioned among the several states. The justices that voted for the constitutionality of the law are the four liberal justices Sonia Sotomayor, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and the conservative Chief Justice John Roberts. The justices that voted against the constitutionality of the law are the other four conservative justices: Anthony Kennedy, Samuel Alito, Antonin Scalia, and Clarence Thomas. John Roberts was the key swing vote. When asked why he voted for a law he is personally against, Chief Justice John Roberts responded, â€Å"The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcing those limits. The Court does so today. But the Court does not express an opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people. In my opinion, I applaud the decision of the Court. From the beginning, I thought the penalty was a tax; I assumed it was called a penalty for political purposes. People would not like the idea of a tax increase. In reality, the penalty is collected in the same manner as a tax, so there are no real differences between the two. I have also gained a newfound respect for Chief Justice John Roberts. I think it is commendable to put the law in front of your personal beliefs. He has done exactly what is expected of a Supreme Court justice. If I were a Supreme Court justice, I would have made he same decision that he and the four liberal justices made. There are two types of consequences this law holds: political and provisional. The provisional consequences of the law are the ones directly stated in the law: a ban on lifetime limits, Medicaid expansion, etc. The political consequences of this law are not explicitly stated, however they can be inferred and speculated upon. There are three major political consequences. The first consequence is that Obama can claim a major victory. He can now say his law withstood a Supreme Court challenge and passed the constitutionality test. A defeat would have been bad for the administration and the campaign. Instead, he has a chance to re-energize his base and reinstate the flow of campaign cash. The second consequence is that now that the law is no longer a legal issue, it becomes a campaign issue. Both Obama and Romney must sell voters on Obamacare. The court ruling could have stir a shift in public opinion among independent voters, and both candidates must appeal to this shift. Obama will insist this law was the right thing to do, while Romney will propose a new healthcare reform bill. The third consequence is that the ruling will enrage Republicans and make them more eager to vote for Romney so he can repeal the law. Voter turnout is expected to be lower than it was in 2008, and anything that can increase the turnout will be beneficial for Romney. This law and its subsequent legal challenge have major political consequences. Whether you live in the 1880s or in the present day, chances are you will need health care at some point in your life. Ever since President Roosevelt proposed universal health care back in the 1930s, many politicians have tried to pass it into law. Until the ACA, it was considered politically impossible; the idea just did not appeal to voters. The law has withstood a major legal challenge, and it will be up to Obama and Romney to convince independent voters that their version of healthcare reform is the best. If Obama wins the election, in 2014 everyone that can afford it must buy health insurance, whether they want to or not. If they don’t, they will pay a tax equivalent to 1% of their income. If Romney wins the election, he will try to repeal the ACA and replace it with a reform package of his own. Only time will tell what will happen.

Hope in Death Be Not Proud :: Death Be Not Proud Essays

Hope in Death Be Not Proud The novel, Death Be Not Proud, by John Gunther, is the story of the struggle of a child to stay alive. Johnny Gunther Jr.'s constant hope got him out of bed every morning with a positive attitude. His outright opposition to the fact that he was going to die and his determination not to, kept a fiery spirit in him so that he didn't give up. Johnny's stubborn determination to not accept defeat at so early an age, along with the tremendous courage he showed when realizing that he must accept his defeat, is a strong point portrayed in this novel. Johnny's hope, determination, and courage kept his death at bay. One of the main reasons that Johnny remained alive for so much longer than he should have lived, was the hope that he possessed. He hoped every day of his illness that he would get better, that his parents would be spared their grief, or that some doctor would come up with a revolutionary idea that would heal him. Because of his hope, Johnny never complained or protested during the entire course of his illness. He always obeyed the doctors' wishes and followed their instructions to a "T" because he wanted so desparatly to get well. Although he realized that eventually his life would end, he still never gave up the hope that perhaps he could outsmart his fate to die, if just to steal a few extra hours. Each day, until his last, the determination Johnny had to get well, live a normal life, and even maintain his schoolwork was phenominal. After being away from school for sixteen months, being tested constantly by doctors, and having a rapidly deteriorationg brain, Johnny still managed to graduate with his class and be accepted into Harvard. Throughout his illness, Johnny always had an unwavering will to survive, to awake the next morning and find that he was well, that he had only been dreaming the nightmare of his illness. When Johnny awoke each morning however, he felt the bandage on his head and realized that he was living this horrific nightmare. But even th rough this tremendous disappointment, Johnny kept fighting, determined to recuperate. Johnny should be admired for not giving up under the intense emotional burden of knowing that each breath may be his last. Johnny's story is one that will be remembered because of the courage he had.

Audience Analysis Paper

Week two Assignment: Audience Analysis Paper May 10, 2010 Audience Analysis Paper In any business people will work with others that have different lifestyles and backgrounds. Many have different attitudes, beliefs, and values that come with diversity in an organization. This essay will address a situation where a person has to present quarterly sales information at a meeting. The group of people includes: managers, customers, salespeople, and skateholders. The essay will focus on communications with this type of audience and how one must approach the situation. The essay will focus on the characteristics of the audience, and explain the communication channels appropriate for this situation. Because the diversity of the audience is so important, the essay will provide some considerations to keep in mind on how to communicate with different groups. Last, I will speak of the ways to ensure messages are effective when communication with an audience. Much of the characteristics that are considered are the correspondence to the audience. Since the quarterly sales information is presented to more than one person, the individual must conduct information persisting to the topics of the audience. One well known way to get information out is through a PowerPoint Presentation. In most cases this involves being face to face with the audience. Sometimes Individuals will show spreadsheets, graphs, or important bullet notes to help the audience understand what is being presented. Communication channels are important when dealing with different types of audiences. The presentation channel of communication is important to skateholders because it determines the level of production, profit, and production. This channel is important because one can adapt to the needs of the audience. Individuals can see the change in sales information through spreadsheets. The information for managers and customers would be different because they focus more on price, need, and value of a product. Â · o What communication channels are appropriate? Explain. o What are some considerations to keep in mind given the diversity of the audience? o How do you ensure your message is effective? Â ·

A Social Injustice the effects of social inequalities in...

As an adult, people that I encounter in my everyday life often wonder how I got to be the person that I am today – an understanding, open-minded individual who does not look down upon anyone that is less fortunate than I am and who does not look to â€Å"more† fortunate individuals as role models. When I am asked how I got to be so understanding, I answer giving credit to my parents’ value system they instilled in me as well as acknowledging their duties as public servants in the City of New York. My father was a police officer who worked in a number of precincts in some of the worst, crime ridden areas of Brooklyn and my mother worked for the Department of Social Services in Child Welfare and the Bureau of Public Assistance, initially as a†¦show more content†¦Overall, I was disgusted mostly by Nasaw’s book in that it not only did it not properly discuss the effects these prejudiced attitudes had on other cultural groups other than the â€Å"Cau casian† population here in the United States, but also his neglect for addressing the issue of blacks receiving and continuing their education in this country, and the racist/ bigoted ideas that prevented them from receiving equal rights for education. As a result of reading Nasaw’s text, I have proceeded in researching other aspects of academic inequalities concerning Black and Latino children here in America. I have discovered that an area that seems to be evident of social, economic and racial inequalities is the child welfare system – i.e. foster care here in New York City. Through my own research, and discussions with my mother, I have discovered key elements about the current foster care system: 1.nbsp;nbsp;nbsp;nbsp;nbsp;African-American children make-up the largest proportion of children in foster care. 2.nbsp;nbsp;nbsp;nbsp;nbsp;There is an unequal representation of children of color in foster care in which Black and Latino families are most likely reported for abuse and their children removed from the home. 3.nbsp;nbsp;nbsp;nbsp;nbsp;Black and Latino children tend to stay in the foster care system longer 4.nbsp;nbsp;nbsp;nbsp;nbsp;Societal and family problems such as poverty, drug/physical abuse,Show MoreRelatedEffects Of The 1996 Welfare Reform Essay1488 Words   |  6 PagesThe effects of the 1996 welfare reform bill helped declined caseloads on the social and economic well-being of fragile families, single mothers, and children. Although, the welfare reform was documented for making several positive changes such as reducing poverty rates, lowering the out of-wedlock childbearing, and formulated a better family structure, it is undeniable that poverty remained high among single mothers and their children. The reality of the matter was that most welfare recipients experiencedRead MoreThe Toronto Anti Violence Intervention Strategy1564 Words   |  7 Pagesstructural injustices. Nicholas Rose (1998) illustrates that notion associated with risk individual is markedly less concerned with the diagnosis, intervention or the treatment of the individual offender. Rather, it is concerned with techniques that identify, classify, and manage individuals sorted by their perceived dangerousness. The Toronto’s Anti-Violence Intervention Strategy operates on the principle that intelligence-led policing activities, in crime hotspots, have a deterrent effect on crimeRead MoreGender Inequality Affects the Health of Women2179 Words   |  9 PagesGender inequality is a major form of injustice which in turn affects the health of women globally. In most societies, women have lower social status than men, producing unequal power relations. For example, Women have lower status in families, communities and society (World Health Organisation, 2007). In rural areas, female heads of household have less than half the years of education of their male counterparts (Food Agriculture Organisation of United Nations, 2014). They have less access to andRead MoreAfrica Is The Second Largest Continent Essay1513 Words   |  7 PagesProject Kwanele Although Africa is the second largest continent, one can say poverty is an ever-present situation (Abebe and Quaicoe, 2014). Largely due to historical background, social inequalities are the foundation of poverty in Africa. The continent has, for decades, been viewed as the epitome of poverty, with many countries plagued by unemployment, malnutrition, lack of education and limited access to healthcare. The difficulty with this is that poverty then becomes a viscous cycle, passed onRead MoreWomen s Rights And General Moral Values1631 Words   |  7 Pageshave been struggling for many years trying to find ways to get a safe abortion when needed. In the 1800’s, if a woman needed an abortion, she would often perform her own because society and most feminists disagreed with anyone who wanted to have one (Foster 1-2). Elizabeth Cady Stanton, the co-editor of the feminist newspaper titled â€Å"The Revolution† in the late 1800’s, says the main reason women wanted an a bortion was because of the â€Å"degradation of women.† This statement makes sense because women wereRead MoreEffects Of Mass Incarceration1871 Words   |  8 Pageswomen are being incarcerated at all time high, and there should be a national outcry for these women. When women are incarcerated, she is labeled and stigmatized by their incarceration. Society views incarcerated women as deviant who has gone against social norms. However, research and data has shown that more men are imprisoned, but women serve longer sentences for the same charge. Incarceration is time for self-learning, self-evaluating and self-caring to become a changed person than before enteringRead MoreTemporary Assistance For Needy Families3737 Words   |  15 Pageschildren suffer especially since it is no fault of their own. Professional Social Work Values: Social workers are heavily involved in welfare reform, which is seen behind Temporary Assistance for Needy Families (Woodside, 2001). TANF provides certain families such as those with children with funding as well as other resources over a maximum period of 60 months (Woodside, 2001). In providing welfare reform, the core values of social work are recognized and practiced (Woodside, 2001). These values includeRead MoreChildren in Conflict to the Law12401 Words   |  50 Pagescenters that helps these children who are in conflict with the law. Under R.A. 9344 a child who is 15 years of age at the time of the commission of offense are exempted from criminal liability, however the child shall be subjected to an intervention program provided by local social welfare development office who will determine appropriate programs and consultation with the client and to person having custody of the child. There are three types of delinquency: the first type is environment delinquentRead MoreEssay about Ecofeminism4924 Words   |  20 Pagesposition that a return to goddess worship would save our planet. Part One Ecofeminisms Ecofeminism is a multicultural perspective on the interconnectedness of social systems of domination and the domination of non-human nature. It recognizes the cultural and political links between ecology and feminism. Ecofeminism is a value system, a social movement, and a practice. It criticizes the mainstream green movement and challenges the fundamental ideas of the western patriarchy about women, nature scienceRead MoreFaithful Citizenship10006 Words   |  41 Pagesethnicity, and economic inequality. We are a nation of immigrants, struggling to address the challenges of many new immigrants in our midst. We are a society built on the strength of our families, called to defend marriage and offer moral and economic supports for family life. We are a powerful nation in a violent world, confronting terror and trying to build a safer, more just, more peaceful world. We are an affluent society where too many live in poverty and lack health care and other necessities