The Ever Weakening Case For Obamacare

Neoavatara ^ | June 8, 2011 | Neoavatara

[Neoavatara]

As the legal case for Obamacare makes its way up to the Supreme Court, both sides have been ferreting out their legal defense of their positions.

Legal scholars have noted that the Obama Administration's defense of their massive health care plan has changed over time. Originally the government was arguing that the law was regulating the mental activity of whether or not to purchase insurance. But now the argument is that it's regulating the activity of obtaining health care. The shifting defense should raise doubts about the Obama team's confidence of winning in court.

The insecurity of the defenders is showing, to be sure. Neal Kumar Katyal, President Obama's solicitor general, defending the national health care law last week, told a federal appeals court that Americans who didn't like the individual mandate could always avoid it... by choosing to earn less money. He made the argument under questioning before the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.

[Brett11]

I’m pretty sure the individual mandate will be struck down by the Supreme Court in a 5-4 decision. The only question will be whether the entire law will be struck down or not.

[crz]

I thought there was no separation in the law? That if one part was illegal the rest went also.

[SpringtoLiberty]

It has to be all struck down. The idiots passed it as an omnibus bill. If only one portion is found unlawful then it all is.

We’re dealing with complete idiots (the Dems) here.

[goat granny]

This so called law was written so that no part of it can be seperated from the rest....In otherwords, its all or nothing...

[Brett11]

Yes, but the judge in Virginia’s lawsuit actually struck down the individual mandate without striking down the entire law. I’m just guessing that the Supreme Court will probably try to find a way to strike down the mandate without striking down the entire bill.

[Siena Dreaming]

The only question will be whether the entire law will be struck down or not.

If the mandate is struck down Obamacare cannot be funded. This was the Dems rationale...that the mandate would provide a large part of the funding.

The House would then have an easy time of passing legislation to revoke it and I don't know how the Senate could justify not going along with that.

[Tallguy]

Unless "the game" was to overload employers with the threat of a healthcare mandate and thereby stall the economy. If that's the case then Obama can declare "Mission Accomplished!"

[Jeff Winston]

Neal Kumar Katyal, President Obama's solicitor general, defending the national health care law last week, told a federal appeals court that Americans who didn't like the individual mandate could always avoid it... by choosing to earn less money.

That's just...

I'm at a loss for words every time I read this.

[shibumi]

These pictures were sent in by LJ at Britex Stainless Steel. He writes: "A while back I submitted some photos of a stainless steel urinal that Britex Stainless Steel manufactured for Middle Brighton Baths that included a TV in the back wall - now #5 on your top 10! "

"Well since then, Britex Stainless Steel has gone on to make a few more similar urinals. Attached is a picture of a Britex ‘Sanistep’ stainless steel urinal with a TV incorporated into the back wall. This is installed in the bathroom of Slattery Auctions in Newcastle, NSW, Australia. The urinal itself incorporates a stand on grate that provides excellent hygiene for male urinals and a water ‘sparge’ along the top that flushes the urinal automatically with the aide of a detector after being used. Neat huh?"

[FrankR]

Graphic from April, 2010

[scooby321]

Language granting HHS that power was never in the original law. Instead, through new rules and regulations, HHS gave itself the power last summer using a broad interpretation of certain parts of the law.

The annual limit requirement waivers exempt recipients for one year from having to increase the amount of health care coverage they provide their workers. Each year between now and 2014, the minimum annual limit rises to a new, higher amount. Though the waivers are only for one year, recipients can reapply and be re-approved every year through 2014.

[Jacquerie]

. . . through new rules and regulations, HHS gave itself the power

Rule through decree. Totalitarian government in the land of Jefferson. Weep America, weep for what you have become.