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Why the Supreme Court Will Strike Down All of Obamacare
Forbes ^ | April 5, 2012 | Peter Ferrara

Posted on 04/06/2012 6:24:41 AM PDT by libstripper

Barack Obama made a national laughingstock out of himself with his recent comments on the Obamacare law now before the Supreme Court. Obama said on Monday, “I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” (emphasis added)

(Excerpt) Read more at forbes.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: obamacare; scotus
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To: 2 Kool 2 Be 4-Gotten

I agree that automating records is a good thing. However, I don’t think automation should be forced by government on the medical profession or any other.


51 posted on 04/06/2012 7:59:58 AM PDT by fatnotlazy
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To: Harley

“Even Kagan and Sotomayor should know enough about the law to vote Obamacare down. If they don’t they have no business being Supreme Court justices.”

Right, but so?


52 posted on 04/06/2012 8:01:28 AM PDT by Psalm 144 (I'm not willing to light my hair on fire to support Willard. He is what he is.)
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To: libstripper

Guess We Can’t


53 posted on 04/06/2012 8:07:17 AM PDT by Berlin_Freeper
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To: 2 Kool 2 Be 4-Gotten

C’mon, getting the thing passed took an enormous effort & cost - no way would subsequent vacating thereof by SCOTUS be part of some nefarious plan to make it into a 2012 election issue. The whole point of most of it kicking in after the election was so voters & SCOTUS wouldn’t notice how horrible it is; that’s not consistent with some scheme to get SCOTUS to overturn it pre-election.

“The big win of my administration was overturned by the SC for you’ve-got-to-be-kidding-us levels of moronic. Vote for me.”

You do realize that the whole point of incentivising adoption of electronic medical records was so the gov’t could get its hands on your 4-th Amendment protected private information, right? once they have the details of your health, they can tax & regulate YOU far beyond what Orwell imagined. Really good reforms were not included, and Congress (as usual) is exempt from the whole thing (huh, wonder why). A smidgeon of good does not justify the overwhelming bad.


54 posted on 04/06/2012 8:09:40 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: libstripper
OBAMA BACK ATCHA, BACK ATCHA' BARACK
55 posted on 04/06/2012 8:15:50 AM PDT by FrankR
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To: mrs. a

Leave it to Obama to shove so much wrong into a portion of one sentence. It wasn’t a strong majority by any stretch and EVERY bill is passed by a democratically elected Congress!


56 posted on 04/06/2012 8:17:10 AM PDT by Personal Responsibility (Obama 2012: Dozens of MSNBC viewers can't be wrong!)
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To: libstripper

Absolutely spot on analysis IMHO!

Thanks for the post!


57 posted on 04/06/2012 8:22:50 AM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: libstripper; The Great RJ
Thanks for posting this excellent article.

RJ says, "Obama’s attack on the SCOTUS wasn't done in ignorance of the law but to convince the ignorant . . . ."

Inasmuch as the complete statement, broken down, point by point, failed to meet a standard of truth on any level, just how ignorant does he believe American voters are?

On the other hand, where are the articulate voices among the potential GOP candidates who can and will inform and educate the electorate about these things?

Opportunities are being missed for a "teaching moment" for the benefit of keeping the flame of liberty burning for future generations.

58 posted on 04/06/2012 8:27:19 AM PDT by loveliberty2
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To: Mr. K

Because the courts can’t judge the rules of the rules of the House and Senate. The House and Senate of the time considered the bill passed. The fact that the rules were twisted is outside the jurisdiction of the courts. The Constitution gives each house of the Congress sole jurisdiction over it’s own rules.


59 posted on 04/06/2012 8:27:46 AM PDT by GreenLanternCorps ("Barack Obama" is Swahili for "Jimmy Carter".)
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To: SW6906
Best article I’ve read explaining why it is unconstitutional.

I agree completely.

I particularly like all the citations of precedent.

60 posted on 04/06/2012 8:33:22 AM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Sacajaweau

As Scalia joked, the 8th ammendment prevents the SC from having to read it!


61 posted on 04/06/2012 8:36:00 AM PDT by Personal Responsibility (Obama 2012: Dozens of MSNBC viewers can't be wrong!)
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To: libstripper; All

I posted this in another thread related to CommieCare:

Ken Cucinelli, Virgina AJ was on EWTN’s “The World Over” with Raymond Arroyo.

He has been preparing briefs, if not actually arguing the case, but he has been in the Supreme Court Hearing Room itself with the Justices.

Paraphrasing:

Cucinelli: “I was mildly optimistic going in, but now I am much more convinced, after two sessions, that we have the 5 votes necessary to strike this down.”

Raymond: “The whole thing?”

Cucinelli: Yes, the whole bill.


62 posted on 04/06/2012 8:36:00 AM PDT by EyeGuy (2012: When the Levee Breaks)
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To: fatnotlazy
At this point, there is no one willing to stand up against this dictator wannabe. Congress is useless. I hope the SC will do what is right.

In the end, it is up to "We the People" and the guardians stand vigilant!

63 posted on 04/06/2012 8:40:29 AM PDT by varon (Allegiance to the Constitution, always! Allegiance to a political party, NEVER!)
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To: libstripper

When we have four insane anti Constitutionalists liberals anything can happen.


64 posted on 04/06/2012 8:45:02 AM PDT by Logical me
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To: cuban leaf

Of interest to me was the repeated mention of Justice Kennedy in opposition to other cases. The author pretty well puts to sleep the thought Kennedy is the swing vote. He is not.


65 posted on 04/06/2012 8:55:20 AM PDT by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: mrs. a

LOL


66 posted on 04/06/2012 9:00:30 AM PDT by Obadiah
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To: Cheerio

Several did indeed comment

McConnell first comes to mind


67 posted on 04/06/2012 9:06:19 AM PDT by wardaddy (I am a social conservative. My political party left me(again). They can go to hell in a bucket.)
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To: Harley
Even Kagan and Sotomayor should know enough about the law to vote Obamacare down.

What rose-colored glasses do you wear? (LOL) And that is what will be absolutely fascinating thing to me, how Ruth "Buzzi" Ginsberg, Kagan, and the "Wise Latina" construct their dissenting opinion. Their dissent will reveal a lot of very, very scary stuff about how they capriciously liberate the Constitution from its original intent.

68 posted on 04/06/2012 9:11:46 AM PDT by Obadiah
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To: Obadiah; potlatch; PhilDragoo

I suppose the employment records of the University of Chicago have gone the way of his transcripts, passport records, Selective Service records, Social Security records, birth records, parents’ marriage and divorce records, etc.


69 posted on 04/06/2012 9:24:07 AM PDT by ntnychik
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To: libstripper
The first time he verbally attacked the Supreme Court. This time he threathened certain members of the Supreme Court.

In reality, the question is not whay he does, but why does he do it? He knows he can get away with it, but how does he know this? Is he secure in his knowledge that the American people have been so dumbed down by the media and educational system that they do not know how the Country is supposed to orerate, or does he know that the American people have lost the ability to form individual thoughts on their own, so they must be fed by the media?

There are some reason that he continues doing these thinga and stupidity is not one of them.

70 posted on 04/06/2012 9:29:32 AM PDT by sport
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To: libstripper

Even if shot down...the RinoCracy will be back at us with another gussied up piece of legislation attempting to render American Citizens their subjects. Prolly some environmental nonsense....


71 posted on 04/06/2012 9:30:45 AM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: Harley
Even Kagan and Sotomayor should know enough about the law to vote Obamacare down.

It doesn't matter if the decision is 9-0 or 5-4. If it goes down, it goes down.

Sometimes, the justices will vote with the minority just to write an opinion basically outlining where the losing party went wrong. The fact that it is going down gives them cover.

Its just like Congress in that regard.

By how much it goes down doesn't matter; it is only important THAT it goes down. The rest is fluff.

72 posted on 04/06/2012 9:40:18 AM PDT by superloser
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To: libstripper; Clintonfatigued; seekthetruth; MinuteGal; Joe Brower; NautiNurse; 4integrity; bitt; ...

Excellent analysis in this Forbes article. It’s a must read.

Here’s the key to why the author says it will be struck down as unconstitutional:

Quote:
“The reason that at least 5 Justices are going to find the law’s individual mandate unconstitutional is that it is contrary to the fundamental federalism architecture of the Constitution. Under the Constitution, the federal government is an authority of limited, enumerated, delegated powers. All other powers of government are reserved for the states, including the broad authority labeled the “police power.” That is the power to compel individuals to take specific actions for the public good, such as actions for the public health like vaccinations or quarantines, or obtaining car insurance, or attending school. Notice that all such laws are adopted at the state or local level. (Any federal laws compelling action are based on specific delegated powers other than the Commerce Clause, like those providing for national defense, or taxation).

The power to compel the purchase of health insurance for the public good, as in Obamacare’s individual mandate, is a function of the police power reserved to the states, and denied to the federal government by the Constitution and Supreme Court precedents. If the federal government is now to hold a national police power, then the constitutional framework of federalism, with limited, enumerated powers delegated to the federal government, and the remaining powers of government retained by the states, would be obliterated.”


73 posted on 04/06/2012 10:25:26 AM PDT by JulieRNR21 (*OMG ...means Obama Must Go in 2012!)
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To: JulieRNR21

B U M P


74 posted on 04/06/2012 10:38:51 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: mrs. a
“...by a strong majority of a democratically elected Congress.”

Someone help me out here...aren’t we a republic?



We are a republic. What is the issue?


75 posted on 04/06/2012 10:58:52 AM PDT by Kegger
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To: 2 Kool 2 Be 4-Gotten
Electronic patient records are not the problem. The problem is universal government access to those records. Just kiss any privacy you may have in those records goodbye.
76 posted on 04/06/2012 2:08:42 PM PDT by libstripper
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To: Kegger

“We are a republic. What is the issue?”

For me, the issue is that the President of this country doesn’t seem to know that.


77 posted on 04/06/2012 2:45:10 PM PDT by mrs. a (It's a short life but a merry one...)
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To: libstripper

Exactly.


78 posted on 04/06/2012 2:45:14 PM PDT by 2 Kool 2 Be 4-Gotten
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To: Jet Jaguar; Lady Jag; Slings and Arrows; maggief; Dog; BP2; Candor7; Ernest_at_the_Beach; Spotsy; ..

ping


79 posted on 04/06/2012 3:28:49 PM PDT by bitt (Ayn Rand “Honest people are never touchy about the matter of being trusted.”)
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To: bitt
This whole sorry mess was carefully crafted by the Democrats to cause this total unrest. I refuse to think for the most part, those involved where not aware of the constitutional issues, but set forth to ram rod this crap into law. For all we know that little so called slip up with the Russian President might have been a carefully orchestrated act, just to further test how stupid and for those not actually stupid but ill-informed would just keep plodding along and be willing to vote for the Kenyan in November.
They test and prod, and scheme. Slow but surely to change this country into something our fore fathers never intended it to be. So many hundreds of billions of dollars within all those far left foundations, ready and willing to fiance their goals. So many Alinsky in various shapes and forms.
Then you have the world banking system, the Fed. The list of evils in so many dimensions are to large to grasp in the whole.
America has been on a cross road for fifty years plus. To much was keep in the dark closets, earlier on.
80 posted on 04/06/2012 6:07:53 PM PDT by Marine_Uncle
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To: Brookhaven

He was threatening the USSC.


81 posted on 04/06/2012 7:56:14 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: bitt

Thanks for the ping!


82 posted on 04/06/2012 9:37:14 PM PDT by Alamo-Girl
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To: bitt; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

Thanks bitt.


83 posted on 04/06/2012 10:11:37 PM PDT by SunkenCiv (FReepathon 2Q time -- https://secure.freerepublic.com/donate/)
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To: 2 Kool 2 Be 4-Gotten

My feeling about computerized patient records the government can access is just like my feeling about baggage the TSA can access out of my presence, since those thugs have stolen from my baggage on two successive Christmas trips. If there were any assurance that any access wold be legitimate, then I’d not complain; but there isn’t and the actual facts show the primary reason for unsupervised access is illegitimate and illegal.


84 posted on 04/07/2012 10:18:54 AM PDT by libstripper
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To: libstripper

BUMP!


85 posted on 04/07/2012 9:26:54 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: mrs. a
“We are a republic. What is the issue?”

For me, the issue is that the President of this country doesn’t seem to know that.


Good point!
86 posted on 04/10/2012 7:21:21 AM PDT by Kegger
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To: JulieRNR21

The author did a outstanding job of explaining the 10th ammendment.

I have a question for anyone who knows.
Where can a person find details on the medical industry takeover bill?
I hear a detail here and there, but is there a summary of the 2700 page monstrosity?

Thanks for the help in advance.


87 posted on 04/17/2012 5:25:10 AM PDT by Texas resident (Hunkered Down)
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