What could happen if they pass state opt-out health care.

[Manifestor_of_Light]

OK, so I live in a state with a jerkwad governor. You know, one of those that shunned stimulus money like it was radioactive, and then turned around and asked for it to renovate the goobernor's mansion.

Now, if they pass UHC, I should be able to get public option universal health care just like a person who lives in a Democratic state.

But what does that mean legally?

I predict that residents of opt-out states will sue the federal government under the equal protection clause of the 14th Amendment and/or the Privileges & Immunities Clause.

This is discrimination against a citizen on the basis of what state they reside in. I think this is just asking for a big fat class action lawsuit.

Thinking ahead here. I'm no Constitutional scholar, but I did stay awake in Constitutional Law class.

:D

[Manifestor_of_Light]

1. this would be similar to gay marriage creep.

Gay marriage is legal in several states. They can't stop it from spreading due to the privileges & immunities clause. Like the gay couple who got married in MA, moved to Texas, want to get a divorce. A judge who has family court jurisdiction in their county, Dallas County, said "Fine. I got jurisdiction, I can grant your divorce". The plaintiffs cannot get a remedy anywhere else other than family court in the county of their residence.

[Yes We Did]

4. Yes... but...

unlike with gay marriage, once people see the results in states that have it, the vast majority will want the same.

Bigots may be ignorant, but they're not THAT stupid. When they learn that if they lived in another state the insurance company wouldn't have "pulled the plug on grandma" they'll come around.

[customerserviceguy]

6. You're forgetting one thing

States that opt out will see their sickest, poorest citizens moving out to states that have opted in. This will result in shorter waits for doctor visits, and lower Medicaid expenditures.

My prediction is that opt-out will create a mass migration of people not unlike that which has happened with low welfare/high welfare states.

[Garam_Masala]

8. So then the OPT-OUT states will benefit by ending up with

a more desirable cross section of insureds? I think you
got that right...the sickest will migrate to a state with
public option. Might create a bigger migration than the
Canada Geese every year.

However from what I surmise is that, the OPT-OUT states will
still be charged $750 per person fine if they are not insured.

[pnwmom]

15. And also their smartest and the ones who can think ahead. n/t

[Clio the Leo]

2. "and then turned around and asked for it "

.... is the key phrase there. ;)

[no_hypocrisy]

3. I could imagine passage and abolition of the public option as the state passes

between democratic and republican majorities.

[customerserviceguy]

7. Some states will always remain

Democratic, and others will always remain GOP. I predict a migration of poor sick people from the always-GOP states to the always-Democratic states.

[TomCADem]

5. The Same Number of States Will Opt Out As Those That Declined The Stimulus

[4lbs]

9. States can also currently "opt-out" of MediCare and MediCaid. None do.

The politicians won't do it, because it would be political suicide.

The public option goes into effect in 2010 when this passes. A year later, the states can choose to opt-out.

What group of politicians, even the clueless GOP, would have the balls to tell their LOCAL constituents that they want to take away their public, low-cost, health care?

[Name removed]

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[sandnsea]

14. That would be none, contrary to their lies

They say they didn't so liberals can bask in their self-righteous anger and wingnuts can pat theirselves on their backs for their independence.

Everybody's happy. Apparently. :crazy:

Every state took ARRA money, not all of it, but they took money. Every Single State.

http://www.recovery.gov

[RepublicanElephant]

10. if a state opts-out of the public option, will their citizens still be mandated to buy insurance? nt

[Hamlette]

11. no, they'll vote for different candidates before they'll sue imho. This could be rich for us.

[anniebelle]

12. Sounds positively Darwinian doesn't it?

I guess it's survival of the fittest or, at the very least, those who have health care get to survive, those who don't, c'est la vie.

[sandnsea]

13. Every citizen MUST have access to coverage EQUAL to the public option

So no, there would be no basis for an equal protection lawsuit.

And as I previously tried to explain to one of your fellow Texans - over 400 contracts have been awarded all over the state. Texas unemployment benefits have been increased $25 a week. Texas did take much of the stimulus money and why progressives think it is helpful to allow goodhair to lie about it is beyond me.

[pnwmom]

16. Just keep on telling 'em, sandnsea.

Eventually the word will get out.

[onenote]

17. you may have stayed awake, but you must have been out the day equal protection was discussed

Giving states an option to participate in a federal program isn't remotely a violation of the equal protection clause. It may be bad policy, but its not a constitutional violation.

[vaberella]

19. Interesting question...I have no clue what would happen...

Hmmm...So your state says fuck it and doesnt let it's people get in on it but you want to be in on it?! I have no idea how that will work.