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To: Blueflag

>> Judge voided the current law. Moot.

Not moot, for two reasons.

a) The law could survive appeal
b) Congress repealing it would be a frontal slap in the teeth to The One — much more embarrassing and damaging to his 2012 chances. Striking it down judicially is more like a kick in his keister from the rear — satisfying but not as in-your-face direct.

To actually ensure the crappy bill is dead, however, it’s good to have both legislative AND judicial repeal in place. Conventional wisdom says he’d never sign a repeal. I’m not so sure — he might do so as a political triangulation to attempt to save his scrawny neck.

FRegards


15 posted on 02/01/2011 12:22:21 PM PST by Nervous Tick (Trust in God, but row away from the rocks!)
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To: Nervous Tick
Not moot, for two reasons.

Add a third one:

c) despite their supposedly non-political role, the Supreme Court generally shows great deference to the legislature whenever possible. A recorded legislative sentiment against the law would make it more likely for the Court to toss the whole thing, rather than attempt to just sever the individual mandate.

25 posted on 02/01/2011 12:27:16 PM PST by kevkrom (De-fund Obamacare in 2011, repeal in 2013!)
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To: Nervous Tick; Blueflag
Not moot, for two reasons.

a) The law could survive appeal

b) Congress repealing it would be a frontal slap (...)

Also, it is my understanding that there are automatic stays that kick in on a federal judge's ruling - 14 days or such.

No matter what, something additional is going to have to force Zero to stop implementing it at the executive level. Perhaps getting nailed by two branches of government will be enough.

(Probably not, but I can hope/pray. I suspect this will all go down in a very ugly way.)

32 posted on 02/01/2011 12:30:28 PM PST by Yossarian (Heartfelt thanks, Tea Party Patriots! Despite slander and muck, you pulled through!)
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To: Nervous Tick

>> Not moot, for two reasons.

Right again.


58 posted on 02/01/2011 1:09:03 PM PST by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: Nervous Tick

Good point.Having 2 branches of government slap his grand scheme down may force his hand.The the 60%+ of us who really dislike this have a target to blame for it and vote against that in 2012!


83 posted on 02/01/2011 1:47:46 PM PST by chris_bdba
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To: Nervous Tick

Good points - it would be fun indeed to see his pet project thrown back at him.

I think he’d look silly either way - if it was repealed and he had to veto it AND especially if he signed it. He’d do the Kerry thing - he was for it before he was against it. And would be great fodder for the election on how much money it cost the taxpayers for him to play around with this bill.


101 posted on 02/01/2011 2:13:50 PM PST by CottonBall
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To: Nervous Tick

I do not believe that repeal without a Veto from the Won is going to happen, as this is the framework he needs to perpetuate his thugocracy and take it to the next level...

Legislative repeal (even if it is unsuccessful) along with a SCOTUS opinion that the law violates the constitution, plus a dissent from the far left Socialists indicating their willingness to let Liberty and personal freedom be destroyed for Social Justice, well that would be delicious!


139 posted on 02/01/2011 5:44:01 PM PST by Shady (Our quest is to rebuild the United States of America as it was founded by the Founders!)
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To: Nervous Tick

Lovved Vinson’s opinion. His argument is very strong. The whole act depends on an unconstitutional act. I can’t conceive of any argument that Obama might offer that the judge hasn’t shot down in flames already.


151 posted on 02/01/2011 11:13:47 PM PST by RobbyS (Pray with the suffering souls.)
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