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Can this happen in dealing with Obamacare?
Me

Posted on 06/28/2012 11:39:22 PM PDT by MacMattico

Eric Cantor has scheduled a "repeal Obamacare" vote for July 11th. Because the mandate was defined as a tax, can the House simply repeal the tax, as they have the power of taxation?

Would this effectively cancel the mandate, causing the bill to implode on itself?


TOPICS: Health/Medicine
KEYWORDS: obamacare
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If this were possible, then Roberts would be a genius, limiting the commerce clause and tricking the libs on the court into allowing the House to repeal their "win".

It can't be this simple, I know I'm missing something.

1 posted on 06/28/2012 11:39:34 PM PDT by MacMattico
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To: MacMattico

I think for your plan to work, the Republicans would have to have spines, instead of being subservient lick-spittle worms who cower at the thought of confronting Obama and his host of Orcs in the House and Senate.

Other than that, sounds good to me.


2 posted on 06/28/2012 11:42:55 PM PDT by M1911A1
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To: MacMattico

I’ve wondered this too.. Could be grounds for another lawsuit headed to SCOTUS since Roberts “changed” what 0bamacare is.


3 posted on 06/28/2012 11:43:58 PM PDT by GeorgeWashingtonsGhost
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To: MacMattico
House Republicans, who passed a bill, 245-189, to repeal the health care law in January 2011, were meeting Thursday in the Capitol to map out their next steps. Whatever efforts House Republicans make almost certainly will die in the Senate, where Democrats have control, and Obama would have the ability to veto such a bill if it passed both chambers.

http://www.theledger.com/article/20120628/POLITICS/120629327/1520?Title=House-to-Vote-on-Repealing-Law-in-2-Weeks

I say great. Even though it will die in the Senate, make the reps stand up and be accountable for their vote1

4 posted on 06/28/2012 11:45:55 PM PDT by saywhatagain
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To: MacMattico

Right now I’m sick to my stomach and tired of ‘hoping’ people we think are on our side will do something. I’m also tired of hearing how Roberts did us a favor. Sorry, needed rant. To ticked off to hope this happens.


5 posted on 06/28/2012 11:46:50 PM PDT by ReneeLynn (Socialism is SO yesterday. Fascism, it's the new black. Mmm mmm mmm...)
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To: MacMattico

No, the house alone can’t repeal anything.


6 posted on 06/28/2012 11:49:23 PM PDT by Melas (u)
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To: ReneeLynn

Oh, I’m with you. I’ve gone after Roberts on other threads. I was just hoping, probably out of desperation. :(


7 posted on 06/28/2012 11:50:44 PM PDT by MacMattico
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To: GeorgeWashingtonsGhost

“I’ve wondered this too.. Could be grounds for another lawsuit headed to SCOTUS since Roberts “changed” what 0bamacare is.”

First let me say that I agree that this case ranks up there with Roe v Wade and Dread Scott.

But, actually Roberts didn’t change the law in his ruling.

My wife is an attorney and she says that the justices don’t have to follow only the arguments given by the defense.

If they see other ways that a case can win they have the right, a duty even since they are supposed to be seeking justice, to add to the case.

He argued that it is constitutional when viewed as a tax. He is wrong, but has that right to view it that way.

(We are doomed to TSA style health care. Thanks, Bush!)


8 posted on 06/28/2012 11:52:16 PM PDT by garjog
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To: Melas

However the House *can* put up a bill forcing a bunch of vulnerable Senators to declare themselves on what may be the most hated bill in history, right before an election.

It’s a pressure point.


9 posted on 06/28/2012 11:54:50 PM PDT by agere_contra
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To: saywhatagain
But now that it has been redefined as a tax, can't the House just not accept it? I mean, after all, they never passed an individual mandate tax in the first place, so how can one exist? Doesn't the house have to originate all new taxes? The ruling says the mandate is a tax, but the SC has no power to create a tax, and the supreme court said it is a tax, but not that they created one, couldn't the House just say VOID?
10 posted on 06/28/2012 11:57:42 PM PDT by MacMattico
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To: M1911A1
"instead of being subservient lick-spittle worms "

OMG, that was funny!

Thank you for the laugh on such a dark day.

11 posted on 06/28/2012 11:57:42 PM PDT by precisionshootist
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To: garjog
   “I’ve wondered this too.. Could be grounds for another lawsuit headed to SCOTUS since Roberts “changed” what 0bamacare is.”

  Seems that way to me.... If the current law has to be changed to make it constitutional, then how can it be valid now?
12 posted on 06/29/2012 12:04:29 AM PDT by Maurice Tift (You can't stop the signal, Mal. You can never stop the signal.)
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To: MacMattico

Doesn’t matter. It’s all for show.

They don’t have the votes to sustain it and Obama will veto.


13 posted on 06/29/2012 12:05:40 AM PDT by Vendome (Don't take life so seriously, you won't live thnrough it anyway)
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To: MacMattico

Scratch that.

Harry Reid won’t just table it, the repeal will be placed in a dark and dank closet.

The Senate will never see it and Barry will be immune from any action.


14 posted on 06/29/2012 12:07:08 AM PDT by Vendome (Don't take life so seriously, you won't live thnrough it anyway)
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To: MacMattico
Photobucket
15 posted on 06/29/2012 12:10:42 AM PDT by HotHunt
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To: MacMattico
"But now that it has been redefined as a tax, can't the House just not accept it?"

My understanding . . . just because O and his minions call it something else, or by any other name . . . its still a tax. And voted on by both houses and signed by the president.

Now its up to the people to decide by electing their representatives to keep it as is or repeal.

Not much analysis required beyond that.

16 posted on 06/29/2012 12:13:40 AM PDT by saywhatagain
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To: MacMattico

Doesn’t work. Once a tax is in effect, the house and the senate both have to pass a repeal.


17 posted on 06/29/2012 12:20:39 AM PDT by ModelBreaker
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To: MacMattico

I wonder if there are any Demrat legislators who would have
voted against Obumblecare if it had been sold as what it really
is, a mega-tax increase......


18 posted on 06/29/2012 12:20:39 AM PDT by Sivad (NorCal Red Turf)
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To: MacMattico
It can't be this simple, I know I'm missing something.

What you're missing is the utterly destructive legal precedent that Roberts established today, one that will be cited by future courts to uphold the most outrageous, egregious and coercive punitive taxes imaginable.

19 posted on 06/29/2012 12:24:58 AM PDT by kevao
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To: MacMattico

Not really; Roberts said essentially that when the mandate was originally passed, the Congress was within its authority to do so even though they got the reason for that authority wrong. In other words, when it passed, it was passed as a tax even though everyone thought it was going through under the Commerce Clause.


20 posted on 06/29/2012 12:30:09 AM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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