Posted on 03/29/2010 3:55:08 AM PDT by Kaslin
The same Supreme Court justices whom President Obama blasted during his State of the Union address this year may ultimately decide the fate of his crowning achievement as more than a dozen states have called on the courts to strike down the health insurance mandate of Democrats' health care overhaul - a move that would threaten the entire law.
Two major constitutional challenges have been levied against the new law, one by the state of Virginia, which enacted a law exempting its citizens from the federal health insurance mandate, and another by Florida and 12 other states. Legal scholars are divided on the merits of the cases, and even Congress - through its research service and its budget scorekeeper - has said it's an open question whether the provision could pass constitutional muster.
At issue is the scope of the federal government's power over states and individuals. Critics of the law say the requirement that all Americans buy insurance or pay a fine, if allowed, would mean that Congress has virtually boundless authority to compel actions. Proponents argue that legal precedents support an expansive reading of the legislative branch's license to regulate such activity.
(Excerpt) Read more at washingtontimes.com ...
Commiecare is the tip of the jack-boot in the door...
Karma’s a bitch 0bama - you loser.
A fine is not a tax, and there is no taxable event to begin with, that is except living. Even Orwell would be shocked.
Pay back could be a bitch!
Not necessarily so. By the time it reaches the Supremes, there will probably be one or possibly two new justices, appointed by Obama.
OK........here’s the deal....fubo is a flaming commie, but he is not stupid..as a constitutional lawyer???? he knew this was going to be overruled by the supreme court...his little charade against the supreme court justices during his state of the union was planned..now when they overrule the current law, he can say they were just “getting even” and will use this to undercut and possibly stack the court in the way roosevelt tried to....just wait and see
I don’t think that there is any doubt that this will wind up before the Supreme Court and the sooner the better.
Sooner? Ill gladly wait until after November - so the democrats don’t have the power to “fix” it.
At least one of the states should raise the issue that there is a violation of the 5th amendment.
....nor shall be compelled in any criminal case to be a witness against himself,...
Requiring someone to disclose their having obtained insurance or not when there is a penalty for not having insurance would run afoul of this clause.
and
....nor be deprived of life, liberty, or property, without due process of law;.....
The federal government in denying someone medical care is depriving someone of life and thus also runs afoul of this clause.
and
....The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures....
Medical records qualifies for papers and effects so forcing individuals to give those records over to the government is a violation of this clause.
and
...Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted....
Those that can’t afford insurance would consider forced payments for insurance an “excessive fine”.
I had a feeling that was staged. I also had a feeling that he would stack the court. Now you’ve linked the two and given me a reason not to sleep, lol.
How would he "stack the court"? There are 4 solid conservatives 2 moderates and 3 liberals as most court observers have noticed. The 4 conservatives and 2 moderates are not going anywhere...but of the 3 liberals Stevens and Ginsberg they appear to be leaving very soon, so you are basically replacing liberals with liberals so a wash there. Obama cannot do much with the court and that included expanding it.
The White House is not the government. Congress is not the government. SCOTUS is not the government. The people are the government! The three branches operate at the consent of the governed! The people will have the final say as to how they are governed and we do not consent to the unconstitutional, socialist health care agenda being rammed down our throats!
Let’s hope Karma slows this POS down. I’d like to see treason charges against BO, Pelosi & Reid but I guess that’s asking fro to much so I’ll settle for Obamacare being overturned.
Well, that's true.
We don't need conservative justices - because a lot of what they would conserve needs to be reversed instead.
Wickard v. Filburn and Everson both have to be reversed to have any hope of restoring constitutional government - and I'm sure there are many other examples.
“...The people will have the final say...”
-
Bears repeating.
Unless the USSC uses the P & I clause in McDonald and eviscerates the commerce clause here, the republic is toast.
In the next three years, we will have our courts packed with socialists, and 15 million illegal immigrant voters to keep it that way.
I’m not optimistic.
He’s referring to either a loss of the justices (In pelican brief, justices are killed for an envoironmentalism movement), or Obama inflating the number of Justices. It hasn’t always been 9, that’s just been the case for about 100 years or so. Wilson (I think), tried to up the number so he could appoint more justices, his wording would indicate that’s what he’s referring to also.
Ignore my typos...
If mandating people to buy health care insurance were ruled unconstitutional then I suppose Pelosi and Company would just ram single-payer down our throats
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