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Where are the stories of the over 300,000 who remain totally uninsured??? Where are the stories of those who are being fined under the mandate law b/c they could not obtain state permission to remain uninsured (those were not “granted a waiver”)??? Where are the stories of those individuals, families and employers being crushed, some bankrupted, by the obscenely high cost of insurance and healthcare while this “not-for-profit” MA industry posts billions in profits???

The Joint Committee on Health Care Financing has shown itself to be very willing to build on the insurance industry’s treatment of healthcare as a product rather than as a public good and human right. Is this immoral? Is this why now all the talk of religion, and of stumbling?

And ironic (and insulting) that Mr Moore speaks here of the preamble to the state constitution. It is that very document, the state constitution, that grants citizens the legal right to undertake a process to amend the constitution if deemed necessary by The People. We the People initiated a constitutional amendment process to secure “Comprehensive, affordable, and equitably financed health insurance for all state residents”.

In a brazen move, 102 of the total 200 state legislators chose to break the law on January 2, 2207, when they denied The People their constitutional rights and denied the amendment its second constitutionally required joint legislative vote up or down on its merits. The state Supreme Judicial Court issued its opinion in March 2008 that the law had been broken by the legislature. (Detailed facts at http://healthcareformass.org/).

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See below article excerpt providing the legal background r/t the illegality of NOT VOTING ON THE MA CITIZENS HEALTH CARE AMENDMENT (btw this travesty of justice was totally ignored by the legal community and ALL major media outlets).

By EDWARD LAZARUS, Jan. 04, 2007

“…Since 1918, the Massachusetts Constitution has provided for amendment by ballot initiative. The process is straightforward: To get an initiative on the ballot, proponents have to obtain a designated number of signatures from qualified voters – specifically, more than 3% of the number of voters in the immediately-preceding gubernatorial election.

Once these signatures are obtained and certified, the proposed initiative moves to the legislature or “General Court.” Under the state Constitution, this body must hold a vote on the merits of the proposed initiative. If more than one-quarter of the legislators (a total of about 50 members) votes in favor, then the initiative is placed on the ballot for a popular vote.

Following this procedure, [proponents of an effort to establish "comprehensive, affordable, and equitably financed" health care as a constitutionally protected right, drafted language to create the citizens health care amendment and then collected the requisite number of signatures (in this case, more than 70,000) to move the proposal to the legislature.]

The Democrat-controlled legislature, however, refused to bring the ballot measure to [its second] vote on the merits.

The effect of this parliamentary maneuver was to stymie the initiative. Under the state Constitution, the proposed amendment can’t go on the ballot without the approval of one-quarter of the legislature. And without a vote on the merits, this prerequisite could not be met.

The Supreme Judicial Court’s Unanimous Opinion: The Attempt to Block the Measure Violated the State Constitution

…sponsors of the amendment… cried foul and went to court seeking a judicial order requiring the legislature to follow the constitutional requirement of a vote on the merits.

And last week the Supreme Judicial Court…issued its ruling.

In a unanimous opinion, the Justices excoriated the legislators for disobeying the clear command of the state Constitution — which, they affirmed, unequivocally requires that a vote be taken on all ballot initiatives that have received the requisite number of supporting signatures. The main purpose of the constitutional provision creating the initiative procedure, the Justices observed, is to provide an avenue for the people themselves to move forward on policy initiatives, without the possibility of being thwarted by a simple majority vote of the legislature.

In light of the language and purpose of the constitutionally-authorized initiative procedure, the Justices bluntly admonished the legislators that, if they should adjourn without taking a vote on the merits, they would be in violation of the oath they each had taken to uphold the state Constitution. After all, refusing to take the required vote (and thus forestalling a popular vote) would accomplish the very evil that the initiative process was created nearly 90 years ago to cure.

All that said, the Justices also ruled that the Supreme Judicial Court itself had no power to issue an order forcing the legislature to take a vote. Neither any statute nor the Constitution authorized such an intrusive remedy. And basic notions of the separation of powers prohibited a court, on its own authority, to order a vote. Accordingly, the Justices could do little more than exhort the legislators to look to their consciences, and remind the legislators that they themselves might be held accountable at election time for flouting the law…

A former federal prosecutor, Edward Lazarus is the author of two books — most recently, Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court.

Lazarus article link http://writ.news.findlaw.com/lazarus/20070104.html

TOO BAD THIS ARTICLE FOCUSES SOLELY ON THE GAY MARRIAGE BAN ATTEMPT WHICH THE LEGISLATORS DID FINALLY VOTE ON, LARGELY DUE TO MEDIA AND PUBLIC ATTENTION. THESE VERY SAME LEGISLATORS DENIED THE REQUIRED VOTE ON THE HEALTH CARE AMENDMENT AND THEY GOT AWAY WITH IT. THE MEDIA IGNORED THE HEALTH CARER AMENDMENT FROM DAY ONE. (THEY KNOW WHO BUTTERS THEIR BREAD). THE PUBLIC’S EFFORTS TO CALL ATTENTION TO THIS TRAVESTY WERE THOROUGHLY IGNORED.

see http://www.healthcareformass.org for details.

Face it. This freak show is failing and on the short road to being finished. The truth about this harmful and wasteful law is getting out nationally, and, soon, the entire country will know about the MA fraud disguised as health care reform.

For real health CARE reform, check out HR676.

By the way, S2526 does nothing to help residents with affordability or the shortage of doctors. The premiums were unaffordable for many back in 2007 and are increasing on July 1, 2008 which will exacerbate the problem and cause more disenrollment.

Doubling the copays for residents 300% and below FPL was really clever – this discourages use of the insurance, thus, saving the state much-needed money. And are Commonwealth Care members supposed to wait around for care until nurse practitioners are enticed to MA?

When was the last time you lived up to the oath you took to represent the people, not the special interests that sock money into your bank account, campaign coffers and pay for your luxury trips?