AUGUSTA, Maine — Mainers representing both sides of the argument will be in Washington, D.C. this week as the U.S. Supreme Court takes up what many are calling the most important court case of this generation.

Maine Attorney General William Schneider, one of more than two dozen attorneys general across the country who are challenging the constitutionality of portions of the 2010 Affordable Care Act, will travel to the nation’s capital Wednesday.

“I think the states really want to see this decided. We need to know so that if it is unconstitutional, Congress can craft a constitutional way to proceed,” he said in an interview Monday.

Rep. Sharon Treat, D-Hallowell, was already in Washington, D.C. on Monday as oral arguments on the case began.

She said it was important for people to understand that Schneider was not the only person speaking for Mainers.

“I am here to give voice to the more than 500 state legislators who joined legal briefs to defend the constitutionality of the Affordable Care Act, many of whom are back in their legislatures today working hard to implement the law,” said Treat.

At stake is the individual mandate within the act that requires individuals to obtain health insurance or face a financial penalty. An attorney representing the challenging states plans to argue that Congress lacks constitutional authority to force individuals who are not participating in the insurance market to enter the market and purchase a government-prescribed insurance product.

Schneider said states also are questioning the requirement that states must expand their Medicaid programs to cover more people.

Ultimately, the court will have to decide whether the Affordable Care Act can survive with the individual mandate. Both sides seem to agree that it cannot, so a lot is at stake.

Sen. Margaret Craven, D-Lewiston, also will be in Washington, D.C. on Tuesday and plans to host a news conference on the steps of the court to discuss the Affordable Care Act’s effect on women’s health.

“Standing up for women’s health care is critically important,” she said. “With Obamacare, we’re on the path to ending gender discrimination against women. Insurance companies can no longer call pregnancy, rape and domestic violence a pre-existing condition and use that as an excuse to deny or overcharge for coverage.”

Craven said 187,251 seniors already have gotten free preventative care through Medicare because of the Affordable Care Act and 431,000 Mainers no longer have lifetime limits or annual caps on their insurance coverage. Additionally, she said, Maine’s Community Health Centers have received over $13,200,000 to expand services around the state.

But the Affordable Care Act cannot be fully implemented until the Supreme Court weighs in.

Many states, including Maine, have stalled on creating a health exchange as outlined in the ACA because Republican lawmakers want to wait until the Supreme Court rules. Schneider said he thinks that’s a wise decision.

Polling data shows Americans are divided on the health care reform law and many are not aware of exactly what it does.

“I’ve heard that people by and large oppose the ACA, but that really doesn’t affect my decision to challenge it,” Schneider said. “My challenge is on the Constitution and it’s based on my oath to uphold the Constitution.”

Schneider, who also is a candidate for U.S. Senate, said he has no intent of politicizing his involvement in the court case.

“I’m down there as the attorney general representing the people of the state of Maine,” he said.

While Mainers travel to Washington, D.C. this week, two conservative Maine groups — American for Prosperity-Maine and the Maine Heritage Policy Center — plan to host a rally Tuesday in Augusta. Both groups strongly oppose the Affordable Care Act and have called for the law to be repealed.

The Supreme Court is scheduled to hear testimony through Wednesday. A decision is not expected until at least June.

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59 Comments

  1. It galls me to no end that my tax money is being used to defeat this first effort to provide healthcare for all.  I sincerely and with all my heart hope this ridiculous political ploy to quench the Affordable Care Act fails.

    Hey Schneider, the insurance companies wish you the best! Say, do you get a nice big payoff bonus if you are successful?

    1. Stop drinking the Kool-Aid & take a real look at the ACA.  Check out “defendyourhealthcare.com” for the truth about this abomination.  Any time a politician (in this case, Pelosi) says “You have to pass it to see what is in it” you should be VERY alarmed.

      1. Obamacare means never having to worry about getting sick and running
        up against a lifetime cap on insurance coverage. It gives parents the comfort
        of knowing their kids can stay on their insurance until they’re 26, and that a
        “pre-existing condition” like an ear infection will never compromise
        their child’s coverage.

         

        It’s about ending the practice of letting insurance companies charge
        women 50 percent more — just because they’re women.

         

        And Obamacare can save seniors hundreds of dollars a year on
        prescription drugs — and gives them access to preventive care that is saving
        their lives.

         

        President Obama never lost sight of the fact that this reform is about
        people. People like his own mother, who spent the last years of her life
        fighting cancer — and fighting with insurance companies, too.

         

        That shouldn’t happen. And because of Obamacare, it can’t.

         

        So next time you hear someone railing against Obamacare, remember what
        they’re actually saying they want to take away.

         

        1. This may sound weird but when I graduated college at age 21 I was able to get a job and get my own insurance policy and had been doing it a full five years until I turned 26.

          You might want to research the George Bush Medicare Prescription Drug plan that lowered prescription costs for seniors. It has been around for about 8 years now.

          Many states, including Maine have made pre-existing conditions denials illegal. They have been able to do this without the help of the Federal Government.

      1. Health insurance in this country is a ripoff that this law is designed to alleviate. It is not the best law because of the obstructionist GOP and Blue Dog Democrats. 

        Every Congressperson who voted against this Act has the best publically funded healthcare in the nation.

        1. Sounds like a lot of socialism. I agree about their publically funded healthcare. But to penalize someone for not buying it goes against the fundamentals of the Constitution. It used to be that the States were more autonomous, now the Federal Government has pushed theirselves to much into State issues.

          1. People who push states rights only do it to try and assert some sort of advantage for themselves.  Tell me, when a World War starts do the states each send their own army?   This whole states rights thing is out of control.  My understanding was that this was all decided during the Civil War.  States rights lost.  Get over it.

          2. Now that definatelyy sounds like a  socialist attitude. I am not talking about states being totally independent. States  have certain rights, the Federal Gov. should be overseeing things yes,  but not totally dictating certain things.

          3. Sounds like you love to be exploited by greedy insurance companies–who can cancel your policy as soon as you get sick.  They probably will, and yet you’ll keep defending them.  And when they deny your child coverage because she has a “pre-existing condition,” like acne, you’ll keep kowtowing.

          4. Never said that somethings should change, but do you really want to become a totally Socialist Country.

          5. You know what else galls me?  People who have never studied law that insist they are Constitutional experts.

          6. What does me, is so called legal experts complicating and messing a Constitution that was for the people.

        2. Seamus,  unfortunately, the ” best publically-funded healthcare in the nation ”   which (they)  have access to is this……..extremists who provide (care) under the guise of synthetic, acid-based pharmacopial drugs which only serve to suppress symptoms  and do nothing to cure the root cause of illnesses brought on by toxins……..I remember the day when I GAVE BACK my medicare rights (and gained + 113.00 per month in my check)    as vividly as the day and hour I gave birth to my first child…….!!!!!!     Obama can stick it where the sun don’t shine……..honestly….a couple hours of sunshine per day,  and a PURE bottle of 22.00 olive oil,  a funny movie,  fresh air,   loyal pets, and a decent sermon on Sunday, and basically I am set…..no studies have shown that meds EXTEND one’s life for a day……We saw what happened to Teddy K. when he went on Lipitor……acid environment is RIFE to feed (cancer)……flush out toxins,  eat nice, and one’s immune system is a healer……I hope every Congress-person (chokes)  on  their antacids….(aluminun-based)…….I simply wish all the corrupt bas*****  well in hell…….I predict all 50 states  in the Union will seceed,  and TPTB  (  The Powers That Be )  will be left in DC to count their (worthless)  paper money , whilest playing nightly tiddley winks…….LOL…….Shane Michael,  if you are reading this ,  Ma loves you,  yeah, what the hell…..xoxooxoxoxoxoxox 

      2. The Supreme Court could very well rule parts of the act unconstitutional.  Five out of the nine justices are conservatives appointed by Republicans.  I would have thought it was a ‘given’, but a lot of Supreme Court observers think that some conservatives on the court might possibly hold the act to be constitutional.  We’ll see.

        I’ve always thought that conservatives would like the individual mandate.  Generally they hate the idea of someone getting something for nothing.  They are always complaining about people who don’t pay income tax.  The plan was originally conceived by conservatives in the mid-90’s, and the presumptive Republican nominee for the presidency successfully implemented a similar plan in Massachusetts.  Of course, he has been shaking his Etch-a-Sketch hoping that people won’t remember. 

        Medical care and insurance obviously qualify as interstate commerce.  Good old Anthem isn’t a Maine company.  And when someone in California receives medical care and doesn’t pay, we here in Maine have to pay through higher insurance premiums and taxes.  This isn’t quite the same as that Californian refusing to eat broccoli and worrying about the feds making him choke some down.  (Sorry broccoli farmers for my obvious prejudice against your vegetable.  I’m working at becoming more tolerant.)

  2. Who needs healthcare?  CHENEY and his likenesses have it and, may need some more organs and there’s plenty of us to choose from. They work 5 years and get pension for life with full benefits paid for by us. Thankfully I have the VA for my insurance for life and its better than my neighbors.  I apologize to the rest of you and appreciate what you do for others including growing those organs. I can hear the sheepherder calling, got to go. Don’t worry about your neighbor’s health either you probably wont catch it…..

  3. Watch and see if Schnieder , when he comes out on Wedesday, is in any hurry to make a press statement. $ 3 will get you $10 that he’s going to do all he can to stay away as far from the press as he can. Moreso now since he’s got his Senate ‘campaign wagon’ hitched to his participation in this mess that he’s gonna be stuck with like a child support order around his neck. Maine was told, by both responsible, moderate Republican’s, any number of run-of-the-mill ‘coffee shop’ Independent’s and a whole lot of Democrat’s that this case was a loser from Day 1. Schneider had a public responsibility, not a political one, to determine if the Law was in conflict with the State’s Constitution, and if so to advise the Governor and the Legislature of how it did and what were the options available to it. This Supreme Court case was the last option that should have been considered, much less exercised, as there were, and still are, any number of options open. But no, Paulie and Billy want to make a big splash with the National GOP for the Senate Seat. Fine, they make a big splash and then what ? If the healthcare law doesn’t pass muster we are all back to what we know does not work. How does that help anyone except Schneider screwing Maine just so he can make campaign speeches. Big deal ! And if the law passes then he can claim he ‘fought the good fight against those nasty Big Government type’s who fly black helicopter’s’. Please, some one find me a bucket, I’m gonna be sick !.

    1. “Watch and see if Schnieder , when he comes out on Wedesday, is in any hurry to make a press statement.” 

      The whole LePage Administration seems to have been advised to  keep quiet and in fact get out of Augusta so as not mess up the chances of ALEC agenda getting passed.

  4. I’d hope this clown and “his” efforts to reverse ACA is speaking for himself and NOT for the people who benefit from ACA. Additionally, his travel funds should be from his own pocket, and NOT tax deductible,

  5. So a bunch of you folks think it is ok for the federal government to FORCE you buy insurance? Really? Is it ok for the government  to FORCE you to buy any thing? This is ok with you..?  You are being forced and if you don’t buy it, you will be fined.  Please, please, read the bill and see what you are being pushed into, it is not pretty.

    1. Had it not been for the GOP (and that %&(@# Senator Lieberman) there would have been a universal healthcare plan in place by now.  It probably would have removed the “for profit” portion of the insurance premiums with the result that we’d all be covered and it would cost less.  Thank your republican friends for this debacle riffraft.  Personally I’m hoping this is the first step towards a universal healthcare plan for everyone in America.

    2. Besides that, if this remains law & the government can FORCE us to purchase insurance, what else can they force us to buy?  A particular car? A certain house? Maybe no house? Think before you jump all over opponents of this law.

      1. Obamacare means never having to worry about getting sick and running
        up against a lifetime cap on insurance coverage. It gives parents the comfort
        of knowing their kids can stay on their insurance until they’re 26, and that a
        “pre-existing condition” like an ear infection will never compromise
        their child’s coverage.

         

        It’s about ending the practice of letting insurance companies charge
        women 50 percent more — just because they’re women.

         

        And Obamacare can save seniors hundreds of dollars a year on
        prescription drugs — and gives them access to preventive care that is saving
        their lives.

         

        President Obama never lost sight of the fact that this reform is about
        people. People like his own mother, who spent the last years of her life
        fighting cancer — and fighting with insurance companies, too.

         

        That shouldn’t happen. And because of Obamacare, it can’t.

         

        So next time you hear someone railing against Obamacare, remember what
        they’re actually saying they want to take away.

         

      2. Actually you are already required to buy a vehicle with government mandated features.  Ditto with the building codes for your house, your food, your clothes, your medicine, an education, social security, etc.  There is a reason for these laws.  These laws are put in place for the greater good of America’s citizens.

    3. Obamacare means never having to worry about getting sick and running
      up against a lifetime cap on insurance coverage. It gives parents the comfort
      of knowing their kids can stay on their insurance until they’re 26, and that a
      “pre-existing condition” like an ear infection will never compromise
      their child’s coverage.

       

      It’s about ending the practice of letting insurance companies charge
      women 50 percent more — just because they’re women.

       

      And Obamacare can save seniors hundreds of dollars a year on
      prescription drugs — and gives them access to preventive care that is saving
      their lives.

       

      President Obama never lost sight of the fact that this reform is about
      people. People like his own mother, who spent the last years of her life
      fighting cancer — and fighting with insurance companies, too.

       

      That shouldn’t happen. And because of Obamacare, it can’t.

       

      So next time you hear someone railing against Obamacare, remember what
      they’re actually saying they want to take away.

       

  6.  In a recent survey of legal experts 80% predicted the court would uphold the law on Constitutional grounds. Possibly by an 8-2 margin.  >>>>> Congress has broad power under the Commerce Clause to regulate even personal, noncommercial decisions when those choices in the aggregate have a substantial effect on interstate commerce.<<<<<>> Americans who choose not to buy health insurance and then seek medical care they cannot afford  are shifting tens of billions of dollars in unpaid medical expenses onto government and hospitals.<<<<<

      1.  Except birth control by it’s very nature, lowers healthcare costs for everyone.  It’s the people who don’t have health insurance but still get health care that drive the cost up for the rest of us. Even retired people are forced to go without services because of this problem

        1. It may be true, but to  pay for something so they can have all the sex they want is not right either.

          1. You want to whine about something bruce?  Whine about the incredible greed of insurance and pharmaceutical companies.  If you were not paying for their obscene profits you wouldn’t even notice the little that goes towards birth control.  Geez, think about it will ya!

          2. I know and it is the same as the oil co., unfortunate we want everyone else to drill, but the democrats don’t. Which is weird since they are always whining about how much certian Republicans reap in the money from oil co. I am sure you are talking about the obscene money we pay for abortions too? I imagine you believe in most cases it is a necessity.

          3. Relevance of the drilling for oil issue?  That’s equally complex and not as simple as “Drill, Baby, Drill”.

          4.  Well Bruce, if the President of the US was there are your conception then I’d say you have a beef.

          5. To be more specific, I was talking about the President wanting Insurance companies to pay for all contraceptives for women, regardless of the hospital or the cost.

          6. You are not being charged for someone else s birth control because ,contraceptives save insurance companies lots of money……….  It’s the same reason I get yearly physicals and flu shots for free even though I have a $1500 family deductible.  it’s cheaper to prevent any kind medical treatment then it is to provide it. 

    1. A margin of 8 to 2. That is pretty interesting considering there are only 9 judges to begin with. And five of them were appointed by the Bush Presidents and Reagan.

      1. I meant to say 7 to 2. With Kennedy and Roberts joining the 4 progressive judges and  Scalia and Thomas as the only dissenters.
         Even Scalia could support the mandate since he just recently said Federal law trumps state law on the medical marijuana issue

  7. Someone handpicked by the Maine Republican party doesn’t represent me.  Another reason to polularly elect the AG, Secretary of State, etc.

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