You must buy broccoli!
Posted on 03/27/2012 4:36:28 PM PDT by Clintonfatigued
Couldn't stop it [initially], but could subsequently make it illegal to do so by passing a new bill outlawing it ala Internet Gambling ...
Think you had a typo there! ;)
Correct. Even if there IS a severability clause, SCOTUS can invalidate it - OR, if it IS NOT there, they can rule otherwise.
As Chief Justice Marshal declared in Marbury v. Madison:
"It is emphatically the province and duty of the judicial department to say what the law is ..."
Then how can you describe those cases as ones in which "we lost his vote"?
Yes. If it was a government-run program, paid for by taxes NOT a mandate. See my Post #119 ...
OK, so they make it illegal. So what? How do they physically STOP it? There are a lot more people who'd want to do that than the number who want to gamble online.
Actually, Kagan seemed a bit troubled that the Solicitor General ADMITTED that there were alternative means of funding the program - other than a mandate ...
Interesting ...
I've been scratching my head since 2008 when the Obamacare onslaught began.
First of all, "forcing insurance companies to cover pre-existing conditions transforms a centuries old business into something other than insurance. Premiums are based on math; probabilities and mortality tables rule the entire enterprise.
What the government is insisting on doing is melding welfare into insurance and calling the resulting abortion insurance.
The other provision, forcing insurance companies to cover "children" up to age 26 at no additional cost is another of Obama's twilight zone "WTF" moments.
But both glaring imbecile impossibilities are never discussed anywhere!
The opinion comes out in June [prolly], but the decision could actually be made in the next few weeks ...
This reveals what Obama and the Democrats will do if this law is struck down.
They will argue that the only alternative now is.... SINGLE PAYER.
QUITE TRUE. BUT, why do you think they [Congress] came up with the mandate in the first place - to protect their phoney baloney jobs ...
IF they had passed NEW taxes to pay for it - a LARGE majority of them woulda been tossed out of office the next time they were up for election ...
If the mandate is declared unconstitutional [with the rest of the law remaining in place] - DON'T expect Congress to come back and raise taxes to pay for it ...
You chose to be in the marketplace by buying a car and operating it on state roads. Therefore, the state can compel you to buy liability insurance in case of an accident - but it CANNOT compel you to buy comprehensive insurance. ADDITIONALLY, the state CANNOT compel you to buy liability insurance [if you don't own a car] simply because you MAY own a car in the future ...
As far as healthcare ...
As long as you are healthy - you may wish NOT to participate in the healthcare marketplace. If you need occaisional medical care - you can pay for it out of your own pocket.
Today, the Court cited that the AVERAGE person requires $850 of healthcare a year - but the mandate would require an outlay of about $4000 per single individual.
Even if the penalty [approximately $1500] remained in place - IF a person DID NOT have insurance, it could be paid AT THE TIME of the medical visit.
On an annual basis - this would equate to $850 + $1500 = $2350 ...
The government might run into the same type of problem they’re running into now. If the gov can step into the health care industry as a player and use their unique power to destroy private businesses, what’s keeping them (the gov) from doing that to any industry and basically nationalizing all private business?
I’m no lawyer, but it would seem to me that if the mandate is found unconstitutional then the next law suits will be the insurance companies under the taking clause and the 14th, due process, because the government will be requiring them to provide services but not to make a profit.
would a narrow opinion have any affect in limiting the damage?
Kagan is recused...if Kennedy votes with the 3 lefties, its 4-4, assuming the conservatives all vote to strike down.
Bump!
You must buy broccoli!
Everyone seems impressed with Paul Clement and I think we’ll be hearing about him again.
Thank you for the *ping*!
“I wish I shared Mr. Zengelre’s confidence in the integrity of SCOTUS...but I do not.”
You’re not alone.
There’s something rotten in Denmark and the smell is getting worse. (No offense to any Danes out there.)
IMHO
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