Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: maddog55

So anyone whose business is destroyed by ObamaCare has no standing?


2 posted on 01/17/2012 9:57:11 AM PST by massgopguy (I owe everything to George Bailey)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: massgopguy
"So anyone whose business is destroyed by ObamaCare has no standing?"

At this point, one would have a very hard time proving ObamaCare has destroyed a business. In any case, trying to determine that would inject an issue into the decision that is not part of the lower courts' record - which the court is generally loathe to do.

But, the central question for businesses is the penalties that will be assessed for failure to provide health insurance. A business that is not a going concern will not be subject to those provisions, so they have no standing. They will not be harmed if they will no longer exist on January 1, 2014.

It would be a completely seperate action for a business that had suffered actual damages - but, if Congress has passed a law, the President has signed it, and the Supreme Court finds it constitutional, I don't know how you could bring a sucessful suit. Government actions destroy businesses every day - if those actions are taken legally, you have little recourse.

4 posted on 01/17/2012 10:46:13 AM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson