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ObamaCare: Supreme Court may postpone ruling till 2016
FreedomWorks ^ | 2-21-12 | Dean Clancy

Posted on 02/21/2012 11:55:07 PM PST by STARWISE

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To: Lmo56
The question before the Court THIS YEAR is whether Obamacare is a "tax", as the Administration contends. Or if it is an unprecedented "requirement" to purchase a service.

Isn't it really a two step process?

1. A mandate that individuals must purchase health insurance (or have it as part of employment).

2. A penalty if health insurance is not purchased.

It would seem the argument of what is or is not a tax could only be made for the second, penalty stage.

51 posted on 02/22/2012 4:51:25 AM PST by Will88
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To: STARWISE

The SCOTUS has just confirmed with this announcement that it is totally corrupt, this should leave no doubt in anyone’s mind.


52 posted on 02/22/2012 4:52:58 AM PST by stockpirate (Romney, Ann Coulter & our ruling republican SOCIALISTelites, are Big Government socialists,)
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To: STARWISE

Is there a rule where Thomas, Scalia, Roberts are not allowed to explain this delay...can they open their mouths?


53 posted on 02/22/2012 5:01:39 AM PST by CincyRichieRich (Keep your head up and keep moving forward!)
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To: STARWISE

If I were a skeptic, I might think that obamacare isn’t so much about affordable health care for everyone but rather the wrong people are living way too long.

Whenever life saving treatment is restricted, delayed or denied for whatever reason...people die.


54 posted on 02/22/2012 5:13:35 AM PST by RetSignman (I take responsibility for what I post not for what you understand.)
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To: STARWISE
I think this is making a mountain out of a molehill. Argument times and addressing certain issues at argument is not something that can be fairly read as suggestive of majority opinion. This is a huge issue, and Roberts will not want to be accused of ignoring arguments or giving them short shrift. If a few of the liberal justices wanted additional time to address this issue, he'd agree.

The Anti-Junction Act will only apply if they deem the mandate a tax rather than a penalty, and that is likely the determinative issue anyway. So if they are inclined to strike down the mandate because it is a penalty and not a tax, then the AJA won't apply anyway.

This reads sort of like a public-interest group trying to draw attention to its advocacy. Nothing wrong with that, but nothing to get alarmed about either.

55 posted on 02/22/2012 5:13:41 AM PST by Bruce Campbells Chin
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To: STARWISE; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; ...
SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

56 posted on 02/22/2012 5:15:00 AM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: STARWISE
It's probably too late now to stop the spending and takeover of yet another segment of the American private sector businesses (auto manufacturing was the other BIG takeover by the Progressives). You can bet that Obamacare can NEVER be totally un-wound, with Regulations being used in EVERY Public Sector business, to take control to the Elites and their favored Donors.

Follow the money....

The USSC has done NOTHING to protect the Constitution, and Liberal Judges have destroyed the Founders' Intent by making "interpretations" that are totally Leftist, at their core.

57 posted on 02/22/2012 5:16:58 AM PST by traditional1
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To: STARWISE
A lot of 'sky-is-falling posters' this morning.

The main issue, and one that can be decided very quickly, is the mandate issue.

The whole law depends on it. If the mandate is unconstitutional, the rest of it has no basis.

58 posted on 02/22/2012 5:20:33 AM PST by Wizdum (My job is to get you to shoot soda out your nose)
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To: STARWISE

UCC 1-308


59 posted on 02/22/2012 5:25:28 AM PST by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: Truth29

“The GOP has been amazingly passive and just keeps laying it off on the Supreme Court. Where is the fire to take every step to stop implementation, defund agency programs that have any part in implementation, cripple rule making, etc? It all seems to have died with Boehner’s tears.”

Right on, FRiend. McConnell and Co. just want the lobbyist cashola. They could care less what is good for the country. I dream of a repeal of obamacare but there is zero percent chance McConnell will beat the Maine hags with a wet noodle and push repeal through the Senate. We are doomed unless we get a strong President who just repeals obamacare by fiat.


60 posted on 02/22/2012 5:30:55 AM PST by lodi90
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To: STARWISE

———until the middle of 2016! -——

That will be post revolution. By then it will not matter because there will be a new government of the remaining states


61 posted on 02/22/2012 5:38:01 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: Just mythoughts
IF the newly elected Republican House of Representatives refuse to pull the funding, why would the Supremes be in a hurry to end this madness? I am so glad we got those Bush appointees to the court.

This court is tied 4-4. It is all about Kennedy. What HE does. HOW HE votes!! If during the next few years, Obama still there, something happens to Kennedy or one of the conservatives on the court, BOOM!!!!! 5-4 liberal court. They have it all. Nothing stops them. Their agenda will run ramped then.

62 posted on 02/22/2012 5:40:59 AM PST by RetiredArmy (POLITICIANS: Promise the moon. Deliver the shaft.)
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To: STARWISE

Holy crap. It’s a done deal, now.


63 posted on 02/22/2012 5:42:25 AM PST by Lazamataz (If you only think about a diet, only your brain loses weight.)
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To: Just mythoughts

The first act out of the box was to repeal Obama care. The bill passed by the House has been ignored by the Senate


64 posted on 02/22/2012 5:43:19 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: AuH2ORepublican

The “supreme court” (note not capitalized) is nothing more than a bunch of cowardly bastards sitting on their arses.

Make a damn decision and move on!


65 posted on 02/22/2012 5:47:36 AM PST by DaveA37
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To: Lmo56

“If the Court rules it to be a “tax” [this year], then it cannot be contested until AFTER the tax is collected [in 2015].”


Just one more piece of evidence the USSC is not doing its job and needs to be dismantled and replaced with people who will do the job as described by the founders.

If we were to follow this logic to lets say the death penalty for killing a politician then the USSC would have to wait until one was actually killed before ruling on the case.

We have a bunch of traitors to the Founders, Constitution, and Citizens of the USA sitting on the bench of the USSC making political decisions and NOT what they are mandated to do and that is make sure any law, executive order (huge problem here), regulation (usually from un-elected scum), is ALLOWED by the Constitution.

They are not there to do what they think is right at the moment if the Constitution does not allow it. That is a function for an AMENDMENT not some piece of political slime using case law to make stuff up.

Watch, and learn how many times this vile court refuses to hear a case because a US CITIZEN does NOT HAVE STANDING?

What kind of wimps are we when we allow these political hacks to say we do not have standing. If the government is involved, then we MUST have standing because our government only receives its LIMITED powers from US yet these pompous a$$e$ on the USSC have completely forgotten that.


66 posted on 02/22/2012 6:00:46 AM PST by Wurlitzer (Welcome to the new USSA (United Socialist States of Amerika))
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To: Wizdum
The main issue, and one that can be decided very quickly, is the mandate issue.

There is a second mandate to be taken into account - The mandate that religious organizations be required to fund practices that violate the basic principles of the organization.

The Obama organization, which is always too cute by half, may have inadvertently, swayed a key swing vote on the court by initiating, for political purposes the birth control debate.

67 posted on 02/22/2012 6:01:37 AM PST by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
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To: STARWISE
Even delay is treason against the United States Constitution.

The Father of the U.S. Constitution: "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

-- James Madison


68 posted on 02/22/2012 6:01:53 AM PST by EternalVigilance (We still hold these truths to be self-evident...)
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To: ballplayer

What you appear not to know and should know is that Obama and his circle are following the FDR playbook on Social Security from the 1930s. That’s not an opinion or a theory but a fact because they have said so.

In the 1930s FDR was publicly proclaiming that Social Security was a modest pension retirement program whereas in court his lawyers were arguing that Social Security was a tax and was constitutional under the 16th Amendment. It was upheld as a tax.

Same exact thing here, by design. Obamacare will be upheld as a tax despite that it will lose on Commerce Clause arguments. They only need to win on the tax question.

It is the 16th Amendment that in 100 years has brought us to this point. Is there are replacement? Yes, read below:

http://www.fairtax.org/site/PageServer?pagename=about_faq


69 posted on 02/22/2012 6:05:34 AM PST by Hostage (The revolution needs a spark. The Constitution is dead.)
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To: STARWISE
There's nothing quite like a cowardly betrayal to make your day.
70 posted on 02/22/2012 6:06:30 AM PST by Carry_Okie (The RNC would prefer Obama to a conservative nominee.)
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To: STARWISE
"It has long, however, been my opinion, and I have never shrunk from its expression ... that the germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one."

--Thomas Jefferson, letter to Charles Hammond, 1821

71 posted on 02/22/2012 6:07:43 AM PST by EternalVigilance (We still hold these truths to be self-evident...)
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To: STARWISE

What a bunch of shiite!


72 posted on 02/22/2012 6:24:44 AM PST by b4its2late (Only two things are infinite, the universe and human stupidity, and I am not sure about the former.)
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To: Carry_Okie

I sure hope those that voted in the kenyan usurper are proud of themselves for what they wrought on this once proud and strong country. They owe each of themselve a huge pat on the back. They are all part of this travesty. One day some of them will wake up and realize what they’ve done. It will be too late, though. Hope they enjoy the consequences of their actions. We sure as he!! don’t.


73 posted on 02/22/2012 6:28:39 AM PST by NCC-1701 (In Memphis on January 20, 2009, pump price were $1.49. We all know what happened after that.)
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To: STARWISE

We are so f***ed!

Next question, what country to move to.


74 posted on 02/22/2012 6:42:31 AM PST by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: STARWISE

I can’t believe conservatives placed any hope in the Supreme Court, or specifically, Kennedy.

Besides his unreliability, is it too conspiratorial to imagine a communist, community organizer bringing outside pressure on the justices?


75 posted on 02/22/2012 6:47:47 AM PST by St_Thomas_Aquinas (Viva Christo Rey!)
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To: SueRae
I think I’m going to be ill.. Our ONLY option is to roundly defeat the 0bama in Novemebr and overwhelmingly take both houses. Like that's gonna matter. I'm THOUROUGHLY convinced that voting does not work anymore. If we intend to get our country back, drastic measures will have to be taken.

If taking up arms is the solution then so be it. Let's get it over with and begin anew.

76 posted on 02/22/2012 6:47:59 AM PST by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: Lmo56

bttt


77 posted on 02/22/2012 6:48:44 AM PST by Matchett-PI ("Without consequences, there's no virtue". ~ Rush Limbaugh 12:51 PM, Friday, 2/17/2012)
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To: PapaNew

“Will Obama actually get a second term? The fact that I’m even having to ask that question says a lot. We have a POTUS who can only be described as Marxist in that as a Congressman he voted to the left of the only Socialist in Congress. His actions as POTUS support that notion. And there’s a serious chance of him being RE-ELECTED. Why?”

Part of that has to be that our candidates absolutely SUCK.


78 posted on 02/22/2012 7:04:30 AM PST by Pravious
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To: Brad from Tennessee

If waivers are already granted, can it be challenged as in effect now, regardless of the “tax versus mandated purchase” definition?


79 posted on 02/22/2012 7:08:48 AM PST by tbw2
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To: STARWISE
We are so screwed.
80 posted on 02/22/2012 7:28:25 AM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: STARWISE

I really hope the government starts doing what The People want and the Constitution requires. The other option is not pleasant, but is coming much closer.


81 posted on 02/22/2012 7:28:25 AM PST by CCGuy (USAF (Ret.))
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To: STARWISE
It can't be a tax.

A tax implies that a citizen is funding a service funded by the government and carried out by the government independently.

The individual mandate demands citizen participation in the mandate through the purchase of a service that the citizen did not choose. If a citizen doesn't participate in the mandate then a fine is levied.

A tax does not imply coerced participation.

This is worse than a tax. This is tyranny.

82 posted on 02/22/2012 7:31:50 AM PST by Crucial
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To: STARWISE

Just in time to be too late.


83 posted on 02/22/2012 7:37:50 AM PST by Antoninus (Mitt Romney -- attempting to execute a hostile take-over of the Republican Party.)
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To: STARWISE
The Court posted a seemingly minor but potentially portentous administrative change, which suggests it might postpone delivering a final ruling on the constitutionality of ObamaCare until the middle of 2016!

Police halt investigation into attempted rape until the child of the victim enters pre-K.
84 posted on 02/22/2012 7:41:26 AM PST by aruanan
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To: STARWISE

Then it appears necessary to make the SCOTUS decision unnecessary by electing a Congress and president that will make it their first priority to revoke Obamacare in its entirety.


85 posted on 02/22/2012 7:43:33 AM PST by aruanan
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To: STARWISE

So, what happens if say, hypothetically, God willing, somehow Obamacare gets repealed before 2016? Does that make this SC issue moot?


86 posted on 02/22/2012 7:45:58 AM PST by Lucky9teen (Peace is that brief glorious moment in history when everybody stands around reloading.~Thomas Jeffer)
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To: unixfox

Next question, what country to move to.
_________________________
Yep, and I’m sure glad my money wasn’t wasted when I bought that house elsewhere. I said I would not stay here if and when obongodeathcare took effect and I meant it. If this country is stupid enough to elect that Marxist again, it’s time for me to get out of here.


87 posted on 02/22/2012 7:50:06 AM PST by mojitojoe (SCOTUS.... think about that when you decide to sit home and pout because your candidate didn't win)
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To: Pravious

And there’s a serious chance of him being RE-ELECTED. Why?
__________________
Because a certain part of the population will vote because he has a lighter shade of their own skin color. They don’t care who or what he is.


88 posted on 02/22/2012 7:53:04 AM PST by mojitojoe (SCOTUS.... think about that when you decide to sit home and pout because your candidate didn't win)
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To: Brad from Tennessee

I think you are right. If 10 or more states don’t participate how can the progarm proceed? It can’t. Millions of peope will just not sign up for insurance because they cannot afford it. If you are not due a refund on your tax return there is not much the IRS can do about it.


89 posted on 02/22/2012 7:54:20 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Lmo56

And yet they are already spending taxpayer money on it...


90 posted on 02/22/2012 7:56:45 AM PST by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: STARWISE; All

This is hysterical babble.

The hearing is going to determine if it is a tax, and regardless, that is just one part of the argument.

The court will not wait to rule against the law until 2016. I would bet money on that. They will rule by next summer as they always do.


91 posted on 02/22/2012 8:19:35 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: thouworm

Talk about a headline guaranteed to make a stomach drop! 2016 far too late to save America.


Thats the idea.


92 posted on 02/22/2012 8:54:43 AM PST by chessplayer
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To: STARWISE

I thought Obamacare wasn’t a tax.


93 posted on 02/22/2012 9:19:42 AM PST by Tzimisce (Never forget that the American Revolution began when the British tried to disarm the colonists.)
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To: STARWISE

Gingrich is RIGHT!!! Time to start Impeaching judges!


94 posted on 02/22/2012 10:22:43 AM PST by GraceG
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To: TigersEye

The Supreme Court is more like a “FOOD Court” because they are a bunch of chickens at OFC!


95 posted on 02/22/2012 10:24:44 AM PST by GraceG
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To: thouworm; StarFan; Dutchy; alisasny; BobFromNJ; BUNNY2003; Cacique; Clemenza; Coleus; cyborg; ...
Talk about a headline guaranteed to make a stomach drop! 2016 far too late to save America.

Ugh, you said it, thouworm... :-(

96 posted on 02/22/2012 10:28:42 AM PST by nutmeg
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To: nutmeg

Thanks for the ping!


97 posted on 02/22/2012 10:42:58 AM PST by Alamo-Girl
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To: All

I just started the Constitution 101 course that Hillsdale College offers. I am very excited to learn more about and study the intent of the framers.

There is one common thread in my research and in the thinking of those philosophers that the founders had studied and that is “consent of the governed”. This idea is really the crux of everything. Not enough of us realize this. It is our responsibility to make sure we KNOW the people we vote for. KNOW who we are sending to represent us. We cannot afford anymore, to allow people to win election based on the color of their skin, how much money they have or whether they “seem like a nice fellow” or not. This is what got us into this mess in the first place. Americans by in large could care less about politics. Or at least, are content to let others care enough to make the decisions for them.

CONSENT OF THE GOVERNED. Without it, these @ssholes couldn’t do what they are doing. We put them where they are and we can damn sure take them out. We only need enough of us to know that and do something about it.


98 posted on 02/22/2012 10:48:46 AM PST by conservativebabe
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To: Wurlitzer

Amen! You are dead on! We have to take power back. Simple as that.


99 posted on 02/22/2012 10:51:26 AM PST by conservativebabe
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To: STARWISE

IMPEACH THE WHOLE SUPREME COURT FOR NON-FEASANCE! It’s time to take our country back from the pimps of the law industry. It no longer has any appearance of JUSTICE!


100 posted on 02/22/2012 11:30:51 AM PST by leprechaun9
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