Judge Napolitano on CVS Policy Forcing Employees to Turn Over Health Info: Consequence of ObamaCare

Judge Napolitano on CVS Policy Forcing Employees to Turn Over Health Info: Consequence of ObamaCare



3/21/13 - Appearing on America's Newsroom this morning, Fox News senior judicial analyst Judge Andrew Napolitano took on the controversial CVS policy of forcing its employees to submit personal health information as part of receiving health insurance coverage from the company. The outspoken libertarian posited that the unpopular mandate is a consequence of federal micromanagement of health-care through ObamaCare.

The largest retail pharmacy chain in the country is now requiring its employees to hand over personal health information like their weight, body mass index, and glucose levels or face an annual fine of $600. The company says it is requiring this as a way to ensure their employees are as healthy as possible.

Napolitano told host Martha MacCallum of the policy: "I think this is a consequence of the federal government micromanaging health care and forcing employers to provide coverage to all employees, many who otherwise wouldn't qualify for it, and forcing them to provide coverage, whether the employees need it or not."

The judge noted that under federal law, CVS has an interest in hiring only healthy employees in order to save money now that they are forced to cover all of their workers. "So will ObamaCare result in larger people with larger body mass and higher glucose levels not getting employed? Would that be an unintended consequence of ObamaCare?" he suggested.

He later explained that the policy is "so expensive because ObamaCare has a one-size-fits-all," meaning people cannot tailor an insurance policy to met their individual needs. "We knew that was coming but I don't think we realized — even those of us who didn't read all 2700 pages but have a good understanding what is in there — we didn't realize the economic effect of people not being able to get jobs because they're overweight. Maybe judges will have to decide what is obese? Is it 10 pounds heavier than your height? Is it 20 pounds? Is it 50 pounds?" he added.

MacCallum pointed out that CVS defends itself by noting that 79-percent of other companies have a "health assessment" policy in place. "The fine clearly helps to pass along the cost of ObamaCare to the employee, right?" she asked.

"Absolutely," the judge replied. "Because contrary to what the president said, these insurance policies will cost more than the coverage you had before the federal micromanagement."

Judge Napolitano & Glenn Beck discuss the Libertarian Party

Judge Andrew P. Napolitano discusses the Libertarian Party w/ Glenn Beck & The Freedom Answer Book ,Judge Napolitano is a patriot. Glenn Beck still has a ways to go but this is a massive improvement. Unfortunately most people have never learned the correct definition of anarchy and believe the fallacy taught in schools (by teachers that didn't know any better) that no centralized government results in total chaos. It's absurd considering many parts of the world were without centralized governments until the last two centuries or so. Were all these places in a state of chaos prior to centralized/federal governments? Hardly, because they had local governments/authority.

The Communist Party USA Sam Webb stated that the U.S.is now "on the road to Socialism. people.' In th speech delivered at the CPUSA's national convention ,Webb stated it was no exaggeration' to call Obama's victory a "sea change." Norman Thomas,former associate editor of leftist magazine, THE NATION stated the American people will never knowingly adopt Socialism but under 'liberalism America will be a Socialist nation without knowing how it happened. America is divided, but not because of race.The real spectrum is complete respect for individual rights vs. Statism.

Judge Napolitano ~ The Big Government Tyrants need to be stopped!

Judge Napolitano: Will States' Nullification Of Federal Gun Control Laws Hold Up In Court?

2/19/13 - Appearing on Fox's America Live this afternoon, Judge Andrew Napolitano applauded several states' proposals to protect firearms made and kept within their states' borders from any potential federal weapons bans. However, the outspoken libertarian conceded that despite how "ridiculous" federal law has become, the states will likely fail in their effort to shield themselves from the feds.

"If this were 200 years ago, and the Constitution were new, and it meant what it said, this legislation would make sense because at the time, Congress only regulated commercial goods that actually passed from one state to the next," Napolitano explained of the proposed laws and their relation to the so-called "interstate commerce clause."

"But that clause has been so blown out of proportion, by presidents and Congresses and Supreme Courts, that Congress can now legislate anything it wants, even something that moves from one state to the another," the judge lamented. "And even something that isn't commercial in nature simply because, in some theoretical way, its movement or not movement might have some effect on interstate commerce."

Host Megyn Kelly likened that to how during the debate over ObamaCare, the president argued that the law fit under the "commerce clause" — a point which the Supreme Court rejected, instead saying the law was legal under the Constitution's "tax and spend clause." Nevertheless, Obama based his argument on Wickard v. Filburn (1942), which allowed the government to regulate a man growing wheat in his backyard for personal consumption under the commerce clause. That case has set the precedent for many subsequent court rulings.

As such, Kelly asked, "Why would the states try to tee up the challenge of going to the Supreme Court in light of pretty clear precedence that the federal law will prevail?"

"If enough states agree, Congress might back down," Napolitano theorized. "Remember, states can look at the Constitution if enough of them want to."

He also suggested that perhaps this Supreme Court — which has twice within the last five years upheld the individual right to keep and bear arms in states and cities — would refrain from further interfering with that right and "carve out an exception" for congressional regulatory powers.

However, Napolitano conceded the unlikelihood of these states' proposals actually gaining traction: "As much as I love this legislation and wish it would be constitutional, it's directly opposed to 60 years of jurisprudence that lets Congress do anything it wants."

Despite the Supreme Court rejecting Obama's use of the commerce clause for the Affordable Care Act, Napolitano and Kelly said the Wickard ruling would likely be applied here. "This is ridiculous lines of argument, it's rationalizing a way for the Supreme Court around the Constitution's intent, but this is how lawyers and members of congress and judges work," the judge said.

Judge Napolitano on Obama's Drone Strike Policy: 'This Is the Power Claimed by Kings and Tyrants'

Judge Andrew Napolitano, saying on Fox Business Network earlier today that the Justice Department has "resisted in every forum" attempts to gain access to the legal opinions that the drone policy is based on. He said the government has persuaded judges that releasing the information could threaten national security. "Suddenly it shows up in an NBC newsroom earlier this week! It could only have come from a governmental source. So they really have made fools of the federal judges who've spent hours and days and weeks struggling over the laws involved here," said Napolitano, who called the document itself "breathtaking and chilling" because of the power it grants the government. "It says 'any informed high-level U.S. government official can strip an American of his or her constitutional protections and order the killing of that American if the person is overseas, if it's difficult to arrest that person," said Napolitano, explaining that the memo does not clearly define what "imminent danger" to the United States means. "This is the power claimed by kings and tyrants. This is about as un-American a power as one could imagine," he said.

Judge Napolitano: Obama Has Not Hesitated To Kill Foreign And American Innocent Children With Drones

Judge Napolitano: Obama Has Not Hesitated To Kill Foreign And American Innocent Children With Drones , "We have a president who has not hesitated to kill foreign innocent children or American innocent children when they are in a foreign country. He loses credibility when he stands with innocent American children and says 'I'm going to keep you safe,'" Napolitano said

Judge Napolitano : Obama Administration Wants to Go Beyond Current Gun Control Proposals! - 1/10/13

1/10/13 - Tonight on Special Report Judge Napolitano agreed with host Bret Baier that the Obama Administration wants to go further in restricting the Second Amendment than the current proposals they are floating to the press.

Judge Napolitano : Obama is becoming a King

Judge Napolitano : 'If Congress Keeps Ceding Power to the President, He Will Become a King'

A new Obama administration rule, done without the approval of Congress, will make it easier for many illegal immigrants to stay in the U.S. or apply for permanent residency. The new rule from the Department of Homeland Security would allow a person without U.S. citizenship to stay in the country while applying for a legal visa if they can show that separating from an American spouse, child or other family member during the application process would cause "extreme hardship." Some critics are calling this, effectively, a form of amnesty. Judge Napolitano explained that his larger gripe is that Congress has continually "deferred" to the executive branch in the lawmaking process, with immigration being a prime example of an issue where legislators have failed to act. Napolitano explained that Congressional Democrats are willing to let the president have control over something like this because he's "with them" on so many other issues. "Ya know what, too many of these 'gimmes' and the president becomes a prince, or a king, and not a president," said Napolitano, who explained that Obama can currently make decisions on immigration issues by choosing which laws to enforce or not enforce. January 4, 2012

The Government Can Read your Emails without a Search Warrant ~ Judge Napolitano

The 4th Amendment was rendered meaningless long ago by the Supreme Court. We were guaranteed security of "persons, houses, papers, and effects," and yet homes are the only thing still somewhat protected. Forget spying on emails. Stop and frisk alone is a gross violation of the 4th, but no one seems to care. Mountains of regulation. Licensing for everything. Civil Liberties thrown away. Rules on what one is allowed to say and where. Bailouts. Social Welfare. Higher taxes. Are we really free anymore? Maybe we are all just being brainwashed 24/7 so we don't do anything about this. What if the goal of government is to have a majority of people not care or just be oblivious?