Michigan Federal Judge Rejects Health Care Law Challenge: Appeal Likely Headed to Cincinnati

CINCINNATI (TDB) -- The Daily Bellwether has the full text of the 20-page decision available by clicking here. It now looks like the 6th Circuit U.S. Court of Appeals in Cincinnati could be the first to decide whether Obamacare passes constitutional muster. That legal showdown -- and all the high-wattage drama it entails -- appears to have been cemented by a ruling turning down a Commerce Clause challenge.  The Volokh Conspiracy blog analyzes it all in lawyerly detail. The blog is slightly right of center, but it nonetheless offers great insight. It disagrees with the ruling. But that doesn't mean Obamacare won't stand. The decision was made by U.S. District Judge George C. Steeh of Michigan's eastern district.  The 6th Circuit has often made headlines over ideological warfare between the 16 judges who comprise the court. The 6th Circuit's jurisdiction covers Ohio, Michigan, Kentucky and Tennessee. The only judges who can overrule the 6th are the Supremes in Washington, D.C.

Cincinnati Tea Party Founder's British Boss Can't Profit From Socialized Med If Wrongly Listed As CEO Of Firm With UK Healthcare Pact

Captured from Firstpoint's homepage

IMPORTANT UPDATE: 10/15/10 12:36 pm -- I just changed the headline.  An e-mail has arrived from PCMS Datafit Inc., the company that employs Mike Wilson, saying that the John Court in Britain who is the CEO of PCMS is not the same John Court who runs Firstpoint Healthcare.  The e-mail said the information contained in the Bloomberg BusinessWeek executive profile and biography is incorrect.  Bloomberg says, "John Court serves as the Chief Executive Officer of Firstpoint Healtcare Ltd. and PCMS Datafit Inc."   This is what came in the e-mail:
 

"There are (at least) two John Court’s in the UK.  One is “ours” and is the CEO of PCMS (partially represented below).  The other John Court is the CEO, we assume, of Firstpoint.  They are definitely different people.  While PCMS’ John Court is aware of the other John Court, they have not met and he did not know he was the CEO of Firstpoint."

The Daily Bellwether passed along a link that would allow Bloomberg to correct its data, and the PCMS e-mailer said she would seek a correction:  I appreciate the link as I will attempt to contact Bloomberg to rectify the inaccuracy on their end.

Hopefully, that straightens out any confusion over the two CEOs in Britain who are named John Court.  PCMS is working to show Wilson's CEO does not have anything to do with FirstPoint, the National Health Service contractor.      

CINCINNATI (TDB) -- Investment research data compiled by Bloomberg lists Cincinnati Tea Party founder Mike Wilson's British boss as CEO of Firstpoint Healthcare Ltd., which holds contracts with Britain's National Health Service. On its website, Firstpoint describes itself as "proud" to have a contract with England's governent-run healthcare system, as the accompanying document shows.  Wilson is running as a Republican for the Ohio House (District 28) in suburban Cincinnati. Wilson is challenging State Rep. Connie Pillich, a Democrat who is a lawyer and former U.S. Air Force captain. Wilson says he will: "Support nullification legislation should Congress pass a health care bill that requires consumers to purchase government-approved insurance." Wilson paints Pillich as backing out of control government spending programs, yet corporate financial data makes it looks like Wilson's bread is being buttered by execs profiting from socialized medicine in England. Wilson says he works for PCMS Datafit Inc., an IT and data-mining firm. Bloomberg says the CEO of Datafit also holds the same job at Firstpoint, which is based in Birmingham, England.  Here's a snippet from Bloomberg:

"Key developments for Firstpoint Healthcare Limited

Firstpoint Healthcare Limited Wins Multiple Awardees Contract for Nursing Services

12/19/2009

Firstpoint Healthcare Limited won a multiple awardees contract award from NHS Purchasing and Supply Agency for the supply of nurses of all bands and sub-job families including community services nurses, dental nurses, health visitors, midwives and theatre nurses to all NHS bodies within England and any other named organizations within the United Kingdom. No contract amount was specified (Ref. No.: CM/ANS/08/4961)."  Firstpoint is a subsidiary of Servoca, another British corporation that has numerous government contracts, including some with the National Health Service.

Meanwhile, Wilson says he's going to oppose government programs here: "Our Constitution was written based on the principle that governmental power is derived from the consent of the governed and that the most effective government is exercised as close to the people as is possible. Over the last 120 years, arrogant politicians have subscribed to the fatal conceit that a one-size fits all federal government could more effectively direct our country than the 50 states or hundreds of millions of people scattered across our fruited plains. As a result, the federal government has continually asserted new powers beyond those enumerated specifically, and contrary to the 10th amendment."

Wilson has been endorsed by the Ohio Tea Party PAC.  Its candidate survey says endorsed candidates have to support limited government, and candidates are expected to "support the Healthcare Freedom Amendment of the Ohio Constitution that would overturn the recently passed federal health care mandate."  But the Bloomberg data shows he works for British bosses, who run businesses that make money from nationalized health care.

UPDATE: 11:50 am -- Just noticed the comments.  Yes, Britain's National Health Service does pay for abortions.  This link will take you to the NHS and its abortion policies. I don't know that the Tea Party has a position on Roe v. Wade, the Supreme Court ruling that legalized abortion in the United States.   The first anonymous commenter makes an interesting point, but there is a counter argument.  If you work for a company that owns casinos, it would be difficult to say you are opposed to gambling; if you work for a gun maker, it is hard to say you are opposed to guns; if you work for the government, or a company that derives income from the government, it is hard to say that you really believe the government should go out of business.

UPDATE 2: 10/08/2010 5:10 pm -- Righty Ohio blogger Matt Hurley at
Weapons of Mass Discussion is hacked at me for posting about Mike Wilson and his British CEO's contract with Britain's socialized healthcare system. Hurley thinks it is the kind of stuff that will drive good citizens away from seeking public office. Hmm. Not quite up there with "Ma, ma where's my pa. He's in the White House, ha, ha, ha." But Hurley is entitled to his opinion and you should read it. That is the point of the Internet and blogs -- to let it all hang out, to unplug the corks that bottled up the flow of information.  That way you get to decide what is interesting or useful, or not.  So click on the link above to see what Matt Hurley has to say.  Here's a sample: "Complete nonsense from top to bottom.  Really, Bill, you are better than this... Is it just me or is all the stupid people out with the most frivolous and irrelevant rubbish they can find during this election cycle?  Or am I just getting too old for this crap?" By the way, Matt Hurley's blog has the coolest name in the blogosphere.

Healthcare Reform Vanishes: Gone From DNC Chair's List Of Initiatives 'Critical To America's Future'

CINCINNATI (TDB) -- The agenda is now down to energy, fighting terror and jobs. The mailman just delivered the letter from Democratic National Committee Chairman Tim Kaine. He was looking for a cash donation and acknowleges healthcare legislation is no longer a critical matter for the months ahead. Kaine writes, "With your help, President Obama will push through initiatives that are critical to America's future." His list is short with these three items:
1. "a clean energy policy to slow climate change and improve our economic and national security."
2. "improving the security of our nation from the threat of terrorism."
3. "further efforts to rebuild our economy and combat unemployment."

Kaine used Glenn Beck and Rush Limbaugh as bogeymen. Hannity and O'Reilly didn't make the cut. "The Republican Party has been trying to fight back after their defeats in the 2008 elections, and is being aided by the misinformation and hatred being spread by the likes of Rush Limbaugh and Glenn Beck. Our nation cannot afford for the Democratic Party to lose momentum. We cannot allow our government to once again fall victim to the domestic and international failures that exemplified Republican rule during the George W. Bush years."

Kaine says the Democrats had a "successful and historic fight for health insurance reform." He seems to have closed the book on that subject.

Jeb Bush In SW Ohio Campaigning for Kasich: Hey, Isn't Bush On The Board Of Giant Hospital Chain?

CINCINNATI (TDB) -- The chain's CEO has been hailing Washington's health care reform efforts as "a step in the right direction." Yes, former Florida Gov. Jeb Bush sits on the board of directors of Tenet HealthCare, a multi-billion corporation that owns and operates about 50 for-profit hospitals nationwide. The company's CEO, Trevor Fetter, supports federal healthcare reform, particularly the measure known as America's Healthy Future's Act. It's largely the Senate version. Bush, of course, says publicly that he does not support anything that is going through the Democratically controlled Congress. He's hewing to the Republican Party line while serving on the board of a corporation that has been very public in stating that health care reform would benefit both its business model and customers.

Last October, Tenet CEO Fetter was on the PBS business show Nightly Business Report and said the Senate legislation was a positive movement on the health care reform front:

"It certainly is a step in the right direction. As you know, hospitals across America are the places where the uninsured are treated, generally in our emergency rooms. Even people with insurance have a hard time paying for the services that we offer them. So it is certainly a step in the right direction to cover more Americans that are covered today. We'd just like to see more covered under this legislation."

Fetter is talking about Democratic legislation. The Republicans took a hike. Bush is decamped with his party. This morning, Bush is in downtown Cincinnati for a invitation-only breakfast reception at the private Queen City Club. Then he joins GOP candidate for governor John Kasich at a forum in suburban Mason, then its back to the Queen City Club for a Kasich fundraiser.

None of the money being raised today is going to help the uninsured. Is there not irony in the fact that Bush collects a director's fee from a large corporation that supports healthcare reform? He takes the money, but disparages the reform measures his company sees as beneficial.