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I’ve written about this case several times here at the AmSpec, but now it gets a new boost from the Medicaid part of the Supreme Court’s ObamaCare decision. Basically, the feds say you cannot decline Medicare benefits unless you forfeit all your Social Security benefits too. It’s crazy. Five plaintiffs are challenging this illegal bureaucratic rule. The high court says there are limits to governmen’t power to coercively use its spending authority to force other “benefits” down our throats. Hence, a new angle to an already strong suit.

Read about it here.

Here’s a taste:

Or, as the new petition puts it, if “a robber gives you a choice between your money and your life,” that’s notreally a choice – and neither are the sorts of coercion involved in both the states’ Medicaid dilemma andthe citizens’ decision whether to forfeit potentially hundreds of thousands of dollars of SS benefits due to this moronic POMS rule.

The new petition makes a strong case that the same principles governing the decision to strike down the coercive parts of ObamaCare’s Medicaid provisions also should apply to the government’s attempt to force citizens to accept Medicare coverage they don’t want. “In neither case,” write the plaintiffs, “may the government constitutionally ask a party to sacrifice one entitlement for the refusal to accept a second.” 

Let’s hope the Supreme Court grants cert.

View all comments (2) |

TeaPartyNow| 8.28.12 @ 11:29AM

This is what happens when the American People no longer do what it takes to limit what their governments do. Don't blame Obama, or the courts, blame the ones who let it happen, all of us. America got here because we thought that we had it made. We thought that freedom didn't need any work to remain. And as long as the American People remain helpless, and refuse to do the work that it would take to turn this nation around, we will continue to decline. And stories like this will come up, and the American People will do nothing about it. That is why we are here, its always about scapegoats, "them". As the People do less and less.

America can not recover until we the people admit that we are the problem. Stop shifting the blame. Freedom doesn't come automatic. Freedom isn't handed out for nothing. Freedom is work. We haven't worked and so we have no more freedom, it is as simple as that. And here the right looks to Romney. Bad habits getting worse.

Oldefarte| 8.29.12 @ 10:58AM

Who knows what the mindset [oximoron] of these radicals now controlling our government is, or cares! The optimum word here is "morons". Hopefully if Romney/Ryan win and R's take over the Senate, a lot of this crapola will disappear in time. The plate is getting fuller and fuller so to speak [I know, Gumpisms and no paragraphs, right?]!!!!!

More Blog Posts by Quin Hillyer

http://spectator.org/blog/2012/08/28/writ-petition-ss-benefits-shou

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