I’m not so sure the courts wouldn’t overturn the bill. But, the cases would need to get to the Supreme quickly. There are 4 justices who believe in states’ rights and this case may make good precedent. Also, Obama made the grievous mistake of putting down the Court in his SOTU. This would not be taken lightly by the USSC.
You are arguing that the courts are illiterate? I agree. This bill is clearly unconstitutional but then I can only read the clear language of the Constitution. Clear meanings mean nothing to the court.
I imagine it will depend on the one “swing” justice in SCOTUS, and I think the states will have the best chance of overturning this in their state.
The situation sucks. No doubt about it.
Ok, I won’t kill ya but can you tell me what the hell good are ya?
at least 38 states have stood up today in one form or another denouncing this as unconstitutional.
This is the same number of states that it requires to pass a constitutional ammendment.
Don’t tell us that the chances are nill.
The chances of a full fledged revolt if the court doesn’t intervene are even greater.
People are going to literally die because of this... and the longer it takes to reverse it, the better.
I for one will not comply, nor will I pay some stinking fine... and my state of Oklahoma is in the process of passing a law that makes it legal for me to do so.
Not counting on the Courts, counting on the American People to throw out the Democrat Party and repeal the Bill.
“The Supreme Court follows the election returns. “ (Mr. Dooley)
http://content.healthaffairs.org/cgi/reprint/9/3/75.pdf
1) Keep up intense pressure through 2010 and replace the leadership of the Congress
2) Keep up intense pressure to repeal after 2010
3) Lobby intensely the remaining Democrats who didn’t want to vote for this pig in the first place
4) Override Soetero’s veto, leaving him neutered.
The operative word is ‘intense’. It got an entitlement repealed in 1989 (Don’t know to whom to give the h/t). It is the only thing that will wholesale get this albatross off our necks.
Generally, I would agree with the author on the judicial prediction. At least until I see more.
I would say this, though. The Rats have substantially complicated their legal position by their own cowardice. The individual mandate would have been almost bullet-proof had they simply explicitly made it a tax. The taxing power of the federal government - what court has ever seen the end of it?
Even collecting the tax and then issuing vouchers with which citizens would be required to “purchase” health insurance would have been more aligned with the usual interpretations of the federal government’s powers than mandating an individual purchase.
So, it seems to me the feds are between a rock and a hard place here. It’s likely they can fairly easily win their case by arguing that the individual mandate actually is a tax with a cute name. But then they’ve got the political problem that they’d be admitting that this “free” healthcare actually is going to be funded, first, by a direct tax on individuals regardless of income.
Stop the whining! Right now! Everyone on the Right, just stop it!
This is Civil War II. We did nothing to bring it on ourselves, any more than we did the attacks on Pearl Harbor or the Twin Towers. But it came anyway.
Let’s stop flagellating ourselves and put the blame where it belongs, on the traitorous and treacherous Left. I’m sick of hearing how the GOP Congress underperformed, how Dubya never fought back against slander, or how conservative purists boycotted the 2006 and 2008 elections.
There’s a difference between making a bad decision and being of bad character. Yes, I would have loved to hear George W. take it to the liars in the media. He probably made a big mistake by not doing so.
But Dubya’s bad political choices certainly can’t be called evil or corrupt. Everything about today’s Left is the essence of evil, above all the insatiable lust for power without constraint.
As we get ready to fight this war, we need to stop torturing ourselves over past mistakes, and focus on the fight ahead.
Conservatives are supposed to have practical minds. If that’s the case, why haven’t so many deep thinkers figured out that life is a struggle most of the time and massively unfair nearly all of the time.
Pushback is already starting. If you’re not inspired by the fact that Virginia, Florida and 12 other states are already suing, maybe you ought to just give up and light some incense at the throne of Emperor Bozo the Usurper.
Yes, we are in for the fight of our lives. Yes, we did nothing to deserve this. Yes, there’s evil afoot in the world.
We have a choice between fighting the evil every way we can or submitting like slaves.
Between the courts, the new media, and above all the ballot box, we are by no means without resources to fight this war.
Now, I don’t care if you’re paleocon, neocon, libertarian, evangelical, military, or even a moderate Republican. There are no enemies on the Right!
And as we say in my adoptive home state of Virginia, of which I am very proud tonight:
Sic Semper Tryannis!