Posted on 11/15/2011 9:39:39 AM PST by freespirited
I am under that impression also. So all she has to do is refuse to do so.....
That sux.
Perhaps Sen. Whitehouse didn't notice that in their haste to slam ACA through they forgot to include a severability clause? Or that the court has agreed to hear arguments on severability?
If there is no severability, if one provision is found unconstitutional the whole bill is unconstitutional.
Scalia’s work during his stint at the Office of Legal Counsel created havoc on his outlook of the clause.
I hope I am wrong, but history of his decisions involving Federal “encroachments” is very broad to say the least.
Bingo.
So basically nee this is overturned as I think it will be then that means that Obama wasted 2 years watching the economy meltdown by spending so much time on this and then the failed stimulus that did nothing to create jobs....the RNC should flash photos with things said in the background about all of these failed things and ask at the end when he was going to think about the economy with a long line of people around the building waiting at the unemployment office.
I’m hoping we can un elect Sen Brown in 2012.
Insurance is such a mess today. Thanks to political mucking around with it, and then the companies’ trying to get around the mucking. The end result is a company that fights the customer tooth and nail for valid claims through a myriad of a maze of paperwork.
THe dem solution is socialist. Force everyone to buy it.
We need to overhaul it completely. And I think customers need to be more informed about the companies and if you think they are being irresponsible by giving out mega bonuses to their top people while nickling and diming policy holders with valid claims, they should know that’s how that company operates and avoid them.
Or join some of the Christian healthcare groups that assist in covering medical problems. They’re considered valid plans to join even under Obamacare.
Based on they way some of these lower courts have ruled including the most recent with a staunch conservative judge (HA!) appointed by Reagan I would not be so sure.
The way I see it, it will be by pure luck that this monstrosity is removed.
The Florida case, backed by 26 total states is the going to be the key to this whole thing. It was presented soundly and decided in our favor through the original decision and the appeals court. The Virginia case which ended up facing the 2-1 Dem case is also strong, but will require this court to reverse the decision. I believe when these two legal teams combine their effort, our chances on the mandate are good. Although Scalia has shown a love for the commerce clause, he also is likely to recognize the difference in requirement to purchase a product for 300,000,000 people vs his use of the clause in the past. He’s with us a heck of a lot more than he is against us on these major issues. That is my gut feeling, at this point.
Beginning to set up the narrative so if they lose they can say, “see, we TOLD you this right wing court would vote against the people”
We are living out the movie “Idiocracy”.
If they declare the individual mandate is unconstitutional,
but keep the requirement for insurance companies to cover pre-existing conditions...
I, along with millions of others, may very well drop coverage until I get sick.
Wish I could do that with my car insurance!
Hello? State Farm? I just had a wreck and I need for you to pay for it.
With the disclosures concerning Pelosi’s IPO shenanigans and the high percentage of Department of Energy grants and loan guarantees that went to Friends of Obama, you would think that Democrats would at least blush when they engage in this kind of “friend of the little guy” class warfare nonsense.
Exactly. Obama’s system does not work without the individual mandate.
If they OK the individual mandate it will be off to the races with government control over the individual in America. Commerce power analysis has already been a disaster. I’m seriously starting to contemplate other places to spend the second half of my life.
Re: “Perhaps Sen. Whitehouse didn’t notice that in their haste to slam ACA through they forgot to include a severability clause?”
Per: Roger Vinson, of the U.S. District Court for the Northern District of Florida ruling,
“The lack of a severability clause in this case is significant because one hadbeen included in an earlier version of the Act, but it was removed in the bill thatsubsequently became law. “Where Congress includes [particular] language in anearlier version of a bill but deletes it prior to enactment, it may be presumed thatthe [omitted provision] was not intended”
ref:
http://www.scribd.com/doc/47905827/Obamacare-Florida-Decision
Even better!
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