Obamacare and the Supreme Court

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  • Color Me Badd Fan
    Senior Member
    • Jan 2009
    • 12519

    #301
    Originally posted by LA Ute View Post
    Looks like the individual mandate is constitutional. Chief Justice Roberts joins the left of the Court. The Medicaid provision is limited but not invalidated. This will be one of those very complex opinions.
    Oh no. This bill is a disaster and it appears as if the Court looked for any way to find it constitutional. However just because a bill is horrendous and damaging doesn't necessarily make it the Court's job to overturn it, it had to.actually be in violation of the constitution. Clearly the mandate is okay as a tax, but it was never characterized as a tax, it was enacted under the Commerce Clause. I'm amazed that the legislative history isn't tsken into accoubt.
    Part of it is based on academic grounds. Among major conferences, the Pac-10 is the best academically, largely because of Stanford, Cal and UCLA. “Colorado is on a par with Oregon,” he said. “Utah isn’t even in the picture.”

    Comment

    • All-American
      Right, as Usual
      • Nov 2008
      • 15648

      #302
      6-3, with Alito, Thomas, and Scalia dissenting.

      Edit: no-- Kennedy dissented too
      Last edited by All-American; 06-28-2012, 07:24 AM.
      τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

      Comment

      • LA Ute
        Receiver of Memory
        • Nov 2008
        • 19512

        #303
        This will energize the GOP base, help Romney. And maybe we will have a decent national debate on healthcare policy now.
        “There is a great deal of difference in believing something still, and believing it again.”
        ― W.H. Auden


        "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
        -- Robert Bolt, A Man for All Seasons


        "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
        --Antoine de Saint-Exupery

        Comment

        • thesaint258
          aka Benito Hazard
          • Jan 2009
          • 3005

          #304
          SCOTUSblog just said that "Chief Justice Roberts's vote saved the ACA." Does that mean it was 5-4 with Roberts being the deciding vote? If so, who would have called Kennedy voting with the right and Roberts voting for it?
          Not that, sickos.

          Comment

          • Moliere
            One man.....one pie
            • Oct 2009
            • 27830

            #305
            David Freddoso ‏@freddoso
            THE INDIVIDUAL MANDATE IS DEAD, LONG LIVE THE HEALTH TAX.
            "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

            Comment

            • LA Ute
              Receiver of Memory
              • Nov 2008
              • 19512

              #306
              Originally posted by Color Me Badd Fan View Post
              Oh no. This bill is a disaster and it appears as if the Court looked for any way to find it constitutional. However just because a bill is horrendous and damaging doesn't necessarily make it the Court's job to overturn it, it had to.actually be in violation of the constitution. Clearly the mandate is okay as a tax, but it was never characterized as a tax, it was enacted under the Commerce Clause. I'm amazed that the legislative history isn't tsken into accoubt.
              It's rotten policy, but constitutional.
              “There is a great deal of difference in believing something still, and believing it again.”
              ― W.H. Auden


              "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
              -- Robert Bolt, A Man for All Seasons


              "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
              --Antoine de Saint-Exupery

              Comment

              • All-American
                Right, as Usual
                • Nov 2008
                • 15648

                #307
                Originally posted by LA Ute View Post
                It's rotten policy, but constitutional.
                Quoth Roberts: we reserve our opinion on the wisdom of the policy.
                τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

                Comment

                • LA Ute
                  Receiver of Memory
                  • Nov 2008
                  • 19512

                  #308
                  Here's the only part of the opinion that does any damage to the law:

                  The key comment on salvaging the Medicaid expansion is this (from Roberts): "Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding." (p. 55)
                  “There is a great deal of difference in believing something still, and believing it again.”
                  ― W.H. Auden


                  "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                  -- Robert Bolt, A Man for All Seasons


                  "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                  --Antoine de Saint-Exupery

                  Comment

                  • LA Ute
                    Receiver of Memory
                    • Nov 2008
                    • 19512

                    #309
                    Originally posted by All-American View Post
                    Quoth Roberts: we reserve our opinion on the wisdom of the policy.
                    Well, it's now a dandy campaign issue for the Mitt Man.
                    “There is a great deal of difference in believing something still, and believing it again.”
                    ― W.H. Auden


                    "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                    -- Robert Bolt, A Man for All Seasons


                    "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                    --Antoine de Saint-Exupery

                    Comment

                    • Moliere
                      One man.....one pie
                      • Oct 2009
                      • 27830

                      #310
                      Originally posted by LA Ute View Post
                      It's rotten policy, but constitutional.
                      Healthy Americans everywhere can now just pay the $600 per year tax and get medical treatment on the spot if they ever need it. That's a heckuva deal. Long live Obamacare!
                      "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

                      Comment

                      • SCcoug
                        Senior Member
                        • Nov 2008
                        • 7625

                        #311
                        I imagine this moves the needle on quite a few republican senate races. What type of majority is required to repeal?

                        Comment

                        • LA Ute
                          Receiver of Memory
                          • Nov 2008
                          • 19512

                          #312
                          Originally posted by Moliere View Post
                          Healthy Americans everywhere can now just pay the $600 per year tax and get medical treatment on the spot if they ever need it. That's a heckuva deal. Long live Obamacare!
                          Yeah, but that won't be enough money to sustain the program, and everyone knows it. One of the most cynical aspects of the legislation, IMO.
                          “There is a great deal of difference in believing something still, and believing it again.”
                          ― W.H. Auden


                          "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                          -- Robert Bolt, A Man for All Seasons


                          "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                          --Antoine de Saint-Exupery

                          Comment

                          • San Juan Sun
                            Kicked to the curb
                            • Dec 2009
                            • 9214

                            #313
                            Supreme Court unwittingly hands Romney a huge campaign issue re: repealing Obamacare.

                            Romney and a solid Republican Congress fueled by Americans against this measure are the only hope now.
                            "Sure, I fought. I had to fight all my life just to survive. They were all against me. Tried every dirty trick to cut me down, but I beat the bastards and left them in the ditch."

                            - Ty Cobb

                            Comment

                            • LA Ute
                              Receiver of Memory
                              • Nov 2008
                              • 19512

                              #314
                              Interesting:

                              The Court holds that the mandate violates the Commerce Clause, but that doesn't matter b/c there are five votes for the mandate to be constitutional under the taxing power.
                              So in the future, be sure to call intrusions on individual liberty a tax, and you're home free.
                              “There is a great deal of difference in believing something still, and believing it again.”
                              ― W.H. Auden


                              "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                              -- Robert Bolt, A Man for All Seasons


                              "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                              --Antoine de Saint-Exupery

                              Comment

                              • Uncle Ted
                                The Big 12 money shot.
                                • Apr 2010
                                • 28853

                                #315
                                Originally posted by Moliere View Post
                                Healthy Americans everywhere can now just pay the $600 per year tax and get medical treatment on the spot if they ever need it. That's a heckuva deal. Long live Obamacare!
                                Hmm... that is less than one month of health insurance. Where do I sign up?
                                "If there is one thing I am, it's always right." -Ted Nugent.
                                "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
                                "Yet I still see wisdom in that which Uncle Ted posts." -creek.
                                GIVE 'EM HELL, BRIGHAM!

                                Comment

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