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Obamacare Is Bigger than Roe v. Wade
Cato ^ | November 14, 2011 | Ilya Shapiro

Posted on 11/14/2011 10:44:59 PM PST by 2ndDivisionVet

This morning, as expected, the Supreme Court agreed to take up Obamacare. What was unexpected — and unprecedented in modern times — is that it set aside five-and-a-half hours for the argument. Here are the issues the Court will decide:

1.Whether Congress has the power to enact the individual mandate. – 2 hours 2.Whether the challenge to the individual mandate is barred by the Anti-Injunction Act. – 1 hour 3.Whether and to what extent the individual mandate, if unconstitutional, is severable from the rest of the Act. – 90 minutes 4.Whether the new conditions on all federal Medicaid funding (expanding eligibility, greater coverage, etc.) constitute an unconstitutional coercion of the states. – 1 hour

In addition to the length of argument, which we can expect to be heard over multiple days in March or April, perhaps the biggest surprise is the Court’s decision to review that fourth issue. There is no circuit split here — in large part because 26 states are already in this one suit — and no judge has yet voted to uphold what also be described as a claim that the federal government is “commandeering” the states to do its bidding. The Court probably took the case precisely because so many states have brought it; that former solicitor general Paul Clement is their lawyer also doesn’t hurt. As a practical matter, this could be a bigger deal than the individual mandate because, while Congress had never before tried an economic mandate, it certainly does attach plenty of strings to the grants it gives states — and the spending power is thought to be even broader than the power to regulate commerce.

In any event, the Supreme Court has now set the stage for the most significant case since Roe v. Wade. Indeed, this litigation implicates the future of the Republic as Roe never did. On both the individual-mandate and Medicaid-coercion issues, the Court will decide whether the Constitution’s structure — federalism and enumeration of powers — is judicially enforceable or whether Congress is the sole judge of its own authority. In other words, do we have a government of laws or men?


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections
KEYWORDS: healthcare; individualmandate; medicare; obamacare; roevwade; scotus; supremecourt

1 posted on 11/14/2011 10:45:01 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet
The latest Rasmussen Reports national telephone survey of Likely U.S. Voters shows that 55% at least somewhat favor repeal of the health care law, with 42% who Strongly Favor it. Thirty-seven percent (37%) at least somewhat oppose repeal, with 26% who are Strongly Opposed.

http://www.rasmussenreports.com/public_content/politics/current_events/healthcare/health_care_law

2 posted on 11/14/2011 10:50:40 PM PST by South40 (NO RINOS IN 2012!)
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To: 2ndDivisionVet
'Bigger than Roe vs Wade?'

Actually a tough comparison to resolve.

Obamacare will ruin our economy once he leaves office. That will endure until we recover, as we are sure to do.

I don't think there is a recovery possible while abortion is state-sponsored.

3 posted on 11/14/2011 11:00:47 PM PST by Rudder (The Main Stream Media is Our Enemy---get used to it.)
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To: Rudder

I think they are referring to the possible expansion of federal government power. If the federal government can compel every resident to buy a private commercial product, then what exactly are the limitations of the interstate commerce clause?


4 posted on 11/14/2011 11:13:58 PM PST by ConjunctionJunction
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To: 2ndDivisionVet
the Supreme Court has now set the stage for the most significant case since Roe v. Wade

Lets cut to the chase. We all know how it will turn out:

1. Kagan will not recuse herself - no way in a case this big

2. Kagan, Sotomayor, Breyer, Ginsberg will vote to uphold Obamacare

3. Roberts, Alito, Thomas, Scalia will vote to throw out Obamacare

4. Weathervane Kennedy will decide, and how he decides will depend on how many DC cocktail parties he attends that are thrown by leftists.

I'm not a lawyer, but all the legal bloviating will boil down to this. And its sad that we are millimeters away from an all powerful, coercive federal government.

5 posted on 11/14/2011 11:17:42 PM PST by bkopto (Obama is merely a symptom of a more profound, systemic disease in American body politic.)
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To: ConjunctionJunction
I concur. But then, once abortion is a govt. mandate, they got you before were born.

Utopia is not sustainable, but they don't care.

6 posted on 11/14/2011 11:19:58 PM PST by Rudder (The Main Stream Media is Our Enemy---get used to it.)
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To: ConjunctionJunction
...limitations of the interstate commerce clause?

Appallingly, none...or so it seems.

7 posted on 11/14/2011 11:22:10 PM PST by Rudder (The Main Stream Media is Our Enemy---get used to it.)
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To: All

Please Donate!

FReepathon Day 46!!

8 posted on 11/15/2011 12:27:30 AM PST by onyx (PLEASE SUPPORT FREE REPUBLIC BY DONATING NOW! Sarah's New Ping List - tell me if you want on it.)
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To: bkopto

>>And its sad that we are millimeters away from an all powerful, coercive federal government.<<

A dictatorship, not a government.

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. “ Declaration of Independence


9 posted on 11/15/2011 1:31:51 AM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: 2ndDivisionVet

You young men and women reading this go learn the meaning of RICO. (In this case Federal-BeltwayCare RICO.)

Ask yourself why the Puppet Spammer turned 360 in a rush, after already stating he didn’t agree with mandate requirement except for kids. RICO.

Ask yourself, why the sudden big SUPER push for this RICO, when the 2008 “bailout” of the insiders has not really materialized (Qe1, Qe2, Qe3...etc.,...) , and Northern Virginia is ranked No. #1 in incomes nationally insulated, while others either suffer or can’t find a job.

Watch who’s got the $ to keep advertising 24hrs., on all the big networks and sports events, and where that so called $ goes, and how they can afford it.

Ask yourself why when you go to fill-up, prices are at all time SUSTAINED highs, despite Americans losing jobs.

Ask yourself why you can’t really OWN a car/vehicle due to prices at or above the price of a house used to be. And instead your shackled to paying off duty every month for much of your life.

Ask yourself, if you can afford close to 10K in “health” insurance, or even if you can, have to “co-pay” anyway out the door. Imagine purchasing a nice necessary warm coat in the fall and winter, walking shoes, necessary food/nourishment, and then after already settling at the cashier, have to stop at the exit door add it all up and pay a % of your purchases AGAIN. RICO.

Ask yourself, why the uproar over Social Security people HAVE ALREADY PAID FOR, and if or when you can’t afford 10K in “insurance” under RICO-care, that you can trust your FINE for not having it will not INCREMENTALY go up....WITH YOU NEVER HAVING A SAY IN IT AGAIN.

Ask yourself, why with all the troubles finding QUALITY employment, prices at the grocery have gone up or are SUSTAINED high.

Ask yourself, why this is called a “recovery’ when Americans using food-stamps is at an all time high.

Ask yourself, after voting for the anti-discrimination candidates, SOME get EXEMPTIONS from RICO-Care and SOME DO NOT.

Ask yourself why the states (e.g. Ohio just recently), voted AGAINST such a FORCED THREAT mandate.

Ask yourself whether your time and energy of your limited time on this earth, is best using your own CREATIVE energies, or being a servent to a select few, that are by law, suppose to be ensuring your freedom.


10 posted on 11/15/2011 1:53:01 AM PST by Varsity Flight
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To: 2ndDivisionVet
When was the last time, if ever, over half of the States opposed the feds in court? There is something “there” when this happens and given the manner in which Obamacare was forced through Congress with bribes and threats to individual members, it would be an incredibly tone deaf, dumb and blind court to ignore the growing resistance movement against tyranny that is swelling across the nation.

If Obamacare is given a pass, the American experiment in self government will be over.

11 posted on 11/15/2011 2:27:41 AM PST by Jacquerie (Think outside the pizza box.)
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To: Jacquerie

“When was the last time, if ever, over half of the States opposed the feds in court? There is something there when this happens and given the manner in which Obamacare was forced through Congress with bribes and threats to individual members, it would be an incredibly tone deaf, dumb and blind court to ignore the growing resistance movement against tyranny that is swelling across the nation.

If Obamacare is given a pass, the American experiment in self government will be over. “ Jacquerie

Truth bump to the top.


12 posted on 11/15/2011 2:36:07 AM PST by Varsity Flight
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To: bkopto

Could the USSC try to split the baby with a decision that indeed does toss Obamacare into the garbage, but sets no precedent? Like a 4-3-0 with Kagan recusing and Kennedy abstaining?


13 posted on 11/15/2011 4:33:51 AM PST by HiTech RedNeck (bloodwashed not whitewashed)
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To: Rudder
Roe v. Wade did not require that everyone must have an abortion.
14 posted on 11/15/2011 5:21:25 AM PST by reg45 (I'm not angry that Lincoln freed the slaves. I'm angry that Franklin Roosevelt bought them back.)
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To: ConjunctionJunction

Why not compel everyone to buy a gun?


15 posted on 11/15/2011 5:26:50 AM PST by depressed in 06 ( Where is the 1984 Apple Super Bowl ad when we need it?)
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To: 2ndDivisionVet

Issue number 3 should not be argued.

The Dems wrote this legislation and they didn’t include a severability clause. Tough tookus. If the indidivudal mandate is struck down, the whole damn thing should go. Why should they be allowed a do-over on this monstrosity of a bill??? No, dammit.


16 posted on 11/15/2011 5:54:12 AM PST by SueRae (I can see November 2012 from my HOUSE!!!!!!!!)
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To: Jacquerie

“If Obamacare is given a pass, the American experiment in self government will be over. “

Look deeper. The federal fascist pigs in DC are ignoring the rule of law, and everyone knows it.

The citizens in the states are voting in referendums telling states to ignore obumacare and its illegal mandates.

States are passing laws encouraging citizens to ignore federal gun laws and start up munitions factories.

State legislatures and courts, especially in the south, are passing broad interpretations of the castle doctrine laws, effectively immunizing citizens who gun down thugs (SEIU, commie demonstrators) on the streets.

South Carolina arrested a gang of Holder’s “people” this past spring, and they’re facing 20 years in prison.

Some states are quietly moving to recruit military leadership for its organized state militias, not to be confused with state guard units.

We’re heading for a major confrontation, somewhere and at sometime.

The Supreme Court ruling will be irrelevant. One side or the other will ignore it. The ruling on obumacare will be the lynchpin for one side or the other to start acting.

The fate of the American experiment is far from a final determination.


17 posted on 11/15/2011 5:55:46 AM PST by sergeantdave
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To: 2ndDivisionVet

The real irony is that the Roe v Wade decision is the exact precedent that should kill ObamaCare. Roe v Wade dodged the core issue about abortion (does life begin at conception or otherwise?), and held that Americans enjoy an inherent right to privacy. The “right to abortion” became the “law of the land” because the court ruled that an individual’s medical care and relationship with their physician is private and none of the government’s business. But ObamaCare violates this right by rendering every individual’s health history and choices into the government’s business. SCOTUS can’t allow fundamental provisions of ObamaCare without overturning their earlier ruling in Roe; the two simply cannot coexist. I hope those who present the arguments have the wit and political courage to make this case.


18 posted on 11/15/2011 7:16:21 AM PST by Chewbarkah
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To: depressed in 06

Indeed. And if they don’t want to buy a gun, then they can just pay a fine to the 16,000+ IRS agents that they just hired under ObamneyCare.


19 posted on 11/15/2011 11:21:47 AM PST by ConjunctionJunction
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To: sergeantdave
Well, I hope you are right.

When the SHTF soon, I'm not confident the people will ask for a return to Constitutional government, but rather demand the government “do something.”

If Obamacare gets by Scotus, the mask will be off, to reveal what we have been trending toward these past 80 years, a post constitutional government in which law making is shared by an authoritarian President and a shadowy, faceless, administrative branch insulated from the voter's wrath.

We are very close to the point where it matters little as to whom our Congressmen and Senators are, for they increasingly do not make the laws under which we labor.

20 posted on 11/15/2011 12:39:10 PM PST by Jacquerie (Think outside the pizza box.)
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To: Jacquerie

The problem with some FReepers is that they’re myopic and look at only the criminal fascist syndicate occupying Washington. That blinds them to the work going on in the states.

They look at DC and say, OH, MY GOD!!!!!!!!!!!! WE’RE DOOMED.

That’s where we get nonsensical and stupid posts from surrender monkeys and poodles here on FR waving the white flag.

I mostly ignore these posters because they’ll be useless in the imminent fight against the DC fascists. In fact, I want nothing to do with them.

Hey, choose your side.


21 posted on 11/15/2011 5:18:34 PM PST by sergeantdave
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