Skip to comments.Rivkin and Casey: The Opening for a Fresh ObamaCare Challenge
Posted on 12/06/2012 11:19:12 AM PST by american_steve
ObamaCare is being implemented, having been upheld as constitutional by the Supreme Court in June in a series of cases now known as National Federation of Independent Business v. HHS. It is becoming increasingly clear, however, that the court took a law that was flawed but potentially workable and transformed it into one that is almost certainly unworkable. More important, the justices also may have created new and fatal constitutional problems.
ObamaCare, or the Affordable Care Act, was conceived as a complex statutory scheme designed to provide Americans with near-universal health-care coverage and to effectively federalize the nation's health-care system. The law's core provision was an individual health-insurance purchase mandate, adopted by Congress as a "regulation" of interstate commerce. The provision required most Americans to buy federally determined minimum health-care insurance, or to pay a penalty more or less equivalent to the cost of that coverage.
Equally important were provisions requiring creation of state-run health-care insurance exchanges (where middle-income earners could obtain the prescribed coverage) and an expanded Medicaid program (also administered by the states) to cover people with incomes up to 133% (later upped to 138%) of the federal poverty level. An income of up to $31,809 for a family of four would qualify for Medicaid. States that failed to join in the Medicaid expansion were threatened with the loss of all federal Medicaid dollars, nearly a quarter of all state expenditures.
(Excerpt) Read more at online.wsj.com ...
“ObamaCare is being implemented, having been upheld as constitutional by the Supreme Court...”
flawed premise. The court issued no such ruling. It found, in fact, that they passed an illegally legislated tax and is open to challenge if anyone has the guts to do it. GOPe doesn’t.
And we can forget that insane jackass Roberts. He is a pure nut case.
I have decided that the Judicial branch of our Government can no longer be trusted.
They have become as political as the other Branch’s.
They are no longer a part of the checks and balances.
The Supreme Court today is just another corrupt branch of the Government.
It started when they would recognise no one as having status to bring Obama’s hidden past to light. The Court is as guilty of hoiding Obama’s past as he is. Every time someone took him to court it was rejected as no one being able to do so because they didnt have status.
In other words no one has the right to ask about Obama because he was elected.The Supreme Court today is useless except to help Obama and his drive toward Socialism.
All of my life I have been proud to be American, Now there are many things I am not proud of. It isn’t the Government the Founders planned.
So quaint. Subjecting Obamacare’s constitutionality to logic and reason, and finding it sorely lacking, as if such things still mattered in the U.S. Justice Roberts has already make a bold-faced declaration to the world that politics rules the SCOTUS, not logic and reason. I have zero faith that no matter how glaring the contradictions and illegalities in Obamacare are shown to be, that the SCOTUS will pay one bit of attention. They probably won’t even accept another case about it.
this crowd is taking it on...
The Roberts court is full of Constitutional perverts. They are trying to run out the clock until Lil Barry can appoint a majority of perverts to the SC klan. Secede or become a slave.