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

Skip to comments.

Fear the 'Mandate Only' Ruling
American Thinker ^ | June 21, 2012 | C. Edmund Wright

Posted on 06/21/2012 5:25:23 AM PDT by C. Edmund Wright

A lot of reasonable musing has been done as to whether or not Barack Obama is advantaged politically by the Supreme Court striking down or upholding ObamaCare. But it is plausible that the ultimate liberal goals for the nation are advanced the farthest by a split decision -- i.e., the much-discussed scenario where the Court strikes down only the individual mandate, while leaving the rest of the law in place. Certainly the mandate -- as drawn up in ObamaCare -- is the most blatantly unconstitutional part of the bill, and therefore it is rightfully considered the low-hanging fruit of legal opposition. But it is far from the most malignant part. Separate from the mandate, the rest of the bill is awful. It is unworkable, and it hands over our collective futures with respect to life and death to an army of bureaucrats whom we did not elect, cannot defeat, and will never see.

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


TOPICS: Government; Politics/Elections
KEYWORDS: healthcare; individualmandate; obamacare; obamacaremandate; scotus; scotusobamacare; supremecourt
Makes the case that a striking down of the mandate only would be the worst of all possible rulings by the Supremes. Could be this is the fantasy that Obama and the libs are clinging onto.
1 posted on 06/21/2012 5:25:29 AM PDT by C. Edmund Wright
[ Post Reply | Private Reply | View Replies]

To: C. Edmund Wright

Good article!


2 posted on 06/21/2012 5:32:53 AM PDT by caver (Obama: Home of the Whopper)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

Yeah just striking the mandate would be an abject disaster. From the line of questioning the justices appeared to wantntomkillmthe whole thing lest the remaining shell be completely unworkable. Hopefully if they kill the mandate the kill the whole thing.


3 posted on 06/21/2012 5:36:48 AM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

I have been warning about this all along.
Strike down the mandate alone and Obama-care turns into single payer medicaid, which is what the Pelosi House progressives wanted to begin with. This doesnt happen immediately but slowly as insurance companies raise rates or stop insuring.


4 posted on 06/21/2012 5:38:34 AM PDT by sickoflibs (Romney is a liberal. Just watch him closely try to screw us.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

Obamacare dies under it’s own weight without the mandate.

Also, the fact that the authors took specific action to omit the severability provision, in order to gain the votes to pass, means the court can NOT overlook that intent in their ruling......TODAY!


5 posted on 06/21/2012 5:39:01 AM PDT by G Larry (There's no hope of a safe landing when you hire a suicidal pilot!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

When the ruling comes out -— keep your powder dry —— the details are in the fine print of the rulings.....not in the headline which will be spun by the MSM.


6 posted on 06/21/2012 5:41:58 AM PDT by Erik Latranyi (When religions have to beg the gov't for a waiver, we are already under socialism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

Striking down the mandate only would, indeed, be the worst possible ruling. Anything less than a total rejection of Obamacare by the Supreme Court will be heralded by the mainstream media as a major victory for the Obama administration.


7 posted on 06/21/2012 5:45:08 AM PDT by GreenHornet
[ Post Reply | Private Reply | To 1 | View Replies]

To: G Larry
Obamacare dies under it’s own weight without the mandate. Also, the fact that the authors took specific action to omit the severability provision, in order to gain the votes to pass, means the court can NOT overlook that intent in their ruling......TODAY!

You are using logic and business sense and reaching a conclusion. The problem is, the congress nor the Court shows that kind of common sense in way too many cases. Obama Care SHOULD die under it's own weight without the mandate. Unless of course the tax payers hold it up. The severability clause SHOULD make a mandate only ruling impossible. But remember, this is essentially the same court that upheld CFR. Fear the mandate only ruling.

8 posted on 06/21/2012 5:46:13 AM PDT by C. Edmund Wright
[ Post Reply | Private Reply | To 5 | View Replies]

To: Wyatt's Torch

Indeed the questioning leads one to think that.

Oh but to be a Justice, with only a sliver of the whole law to be presented. And to know in your heart the whole of the thing is bad for the country...judicial activism?

To know these facts to be self-evident and unable to rule on them:

1. Law not debated
2. Law was not even read
3. The CBO failed to accurately assess costs & benefits
4. Knowing the law is financially unsustainable
5. And a good Justice hearing the chains of serfdom being readied in the dungeons of socialism

What is a Justice to do? Is it activism if the whole law is struck down? Or is it a reminder to congress, that congressional activism that is not republican in nature, as designed by our Constitution, illegal?


9 posted on 06/21/2012 5:46:53 AM PDT by EBH (Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
[ Post Reply | Private Reply | To 3 | View Replies]

To: C. Edmund Wright
Isn't there a severability issue with law so if one part is struck down it all fails?
10 posted on 06/21/2012 5:48:44 AM PDT by Vision ("Did I not say to you that if you would believe, you would see the glory of God?" John 11:40)
[ Post Reply | Private Reply | To 1 | View Replies]

To: caver

I agree. I confess, however, that I fantasize about a split decision. Sometimes things have to get worse before they got better (it took WWII to save the Jews from Hitler). If they strike only the mandate, it will speed up the timeframe of all the “get worse” part.

And lets be frank, even without Obamacare in the equation, the world is going down hard. This may speed up the inevitable, allowing the Phoenix to rise from the ashes just that much sooner.


11 posted on 06/21/2012 5:50:43 AM PDT by cuban leaf (Were doomed! Details at eleven.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: C. Edmund Wright

Only a complete strike down or repeal will prevent private health insurers from going under, which is the ultimate goal of the bill. Libs couldn’t get single payer, so they went after the other payers.


12 posted on 06/21/2012 5:54:02 AM PDT by IamConservative (Well done is better than well said. - Ben Franklin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: G Larry
While I hope you are right, I fear that you are wrong.

A strike down of the mandate with no mention of the severability is the most likely outcome. In very short order, there would exist no private insurance companies - a crisis that demands governmental action regardless of party in power.

13 posted on 06/21/2012 5:55:51 AM PDT by Aevery_Freeman (Typed using <FONT STYLE=SARCASM> unless otherwise noted)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Vision

Not only is there no severability clause (in the normal world this means that the whole law is, by definition, struck down if the mandate is) but there was one in the previous version. It was consciously removed.

That gives the justices all the legal excuse they need to strike down the whole law.


14 posted on 06/21/2012 5:59:43 AM PDT by cuban leaf (Were doomed! Details at eleven.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: cuban leaf

I agree with you too. I hate to be a pessimist but things do not seem to be getting any better. The financial world is going to take us all down. We are going to have to hit bottom before things start improving.


15 posted on 06/21/2012 6:02:10 AM PDT by caver (Obama: Home of the Whopper)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Vision

There is, but the Court can ignore that, strike down only the mandate, and leave congress and bureaucrats to sort out the rest regarding severability.


16 posted on 06/21/2012 6:02:31 AM PDT by C. Edmund Wright
[ Post Reply | Private Reply | To 10 | View Replies]

To: C. Edmund Wright

It will be interesting to see what the Supreme Court decides, but really, this will only be solved by a new administration which passes a bill undoing the whole thing.


17 posted on 06/21/2012 6:05:35 AM PDT by altura
[ Post Reply | Private Reply | To 1 | View Replies]

To: altura

without the mandate who going to fund it?


18 posted on 06/21/2012 6:21:36 AM PDT by scooby321 (h tones)
[ Post Reply | Private Reply | To 17 | View Replies]

To: altura

Even if Romney wins and follows through on his promise to end ObamaCare, it may be a problem to get complete repeal through the Senate—the Republicans are not likely to have a filibuster-proof majority. Maybe they can identify the Senate Democrats coming up for re-election in 2014 who are the most vulnerable (ignoring the total ideologues like Harkin) to get to 60.


19 posted on 06/21/2012 6:58:46 AM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 17 | View Replies]

To: Verginius Rufus

The problem I see with the Senate is McConnell. He loves crafting complicated beltway deals and won’t make any attempt to just steam roll the Rats.


20 posted on 06/21/2012 7:04:10 AM PDT by lodi90
[ Post Reply | Private Reply | To 19 | View Replies]

To: C. Edmund Wright

If the mandate is struck down, and there was no severability clause in the O-Care bill, doesn’t that strike down the entire law?


21 posted on 06/21/2012 7:22:28 AM PDT by Yo-Yo
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

A mandate only ruling would have several good effects for our side.

-It will mobilize the health insurance industry to wage scorched-earth war for repeal (since they are not gonna get stuck with the crap sandwich unless 30-40 million new paying customers at gunpoint come along with it). It will be SuperPAC ad Armageddon for Obama.

-It will keep the Catholic Church energized in it’s fight against the birth control mandate. Will basically force the Bishops to come out and say a vote to re-elect him is tantamount to a mortal sin.


22 posted on 06/21/2012 7:25:04 AM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: scooby321
without the mandate who going to fund it?

There are massive tax increases in this law. If the individual mandate is thrown out, and the rest of the law stays, these tax increases, which have nothing to do with the Bush tax cuts, will kick in, regardless.

Someway, somehow, this lawless administration will find a way to fund it, whether you like it or not.

CA....

23 posted on 06/21/2012 7:28:54 AM PDT by Chances Are (Seems I've found that silly grin again....)
[ Post Reply | Private Reply | To 18 | View Replies]

To: C. Edmund Wright

Personally I think they are going to throw the whole thing out 5-4. There is no separation clause in the bill so technically there is no apparatus for taking the individual mandate out and leaving the rest in place.

Without the individual mandate which will force millions of young people to purchase health insurance the legislation cannot be properly funded.

Some 20 odd states have passed legislation nullifying Obamacare in their state or exempting their citizens from it. If states just refuse to participate there is no way to fund it.


24 posted on 06/21/2012 7:56:34 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright
Fear the 'Mandate Only' Ruling

I have NO HOPE that the Supreme Court is going to do anything about ObamaCare.

The only option left to We The People is to NOT COMPLY.

And when they come to jail you for not paying the baby stranglers, send as many to Hell as you can before they finally get you.

25 posted on 06/21/2012 7:57:54 AM PDT by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Buckeye McFrog
A mandate only ruling would have several good effects for our side. -It will mobilize the health insurance industry to wage scorched-earth war for repeal (since they are not gonna get stuck with the crap sandwich unless 30-40 million new paying customers at gunpoint come along with it). It will be SuperPAC ad Armageddon for Obama. -It will keep the Catholic Church energized in it’s fight against the birth control mandate. Will basically force the Bishops to come out and say a vote to re-elect him is tantamount to a mortal sin.

That's very interesting thesis - basically saying that a split decision would be SOO BAD that it would mobilize the other side more than ever. Not sure that's a risk worth taking. Not sure, in the short run, having an unpopular industry like health insurance being on our side would be good (though they would be morally and intellectually correct). But very interesting thought process.

26 posted on 06/21/2012 7:59:21 AM PDT by C. Edmund Wright
[ Post Reply | Private Reply | To 22 | View Replies]

To: cuban leaf
Sometimes things have to get worse before they got better (it took WWII to save the Jews from Hitler).

Exactly right. And things are going to get much, much worse. Some of us are actually helping that along.

27 posted on 06/21/2012 8:02:01 AM PDT by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: backwoods-engineer
I have NO HOPE that the Supreme Court is going to do anything about ObamaCare.
The only option left to We The People is to NOT COMPLY.
And when they come to jail you for not paying the baby stranglers, send as many to Hell as you can before they finally get you.

Well thought out and realistic post. Though it could be better; we need to band together, "unite or die" as the 1770's saying went.
Build logistics and communication networks. Start or join a local militia.
Unpleasantness is coming.

28 posted on 06/21/2012 10:35:48 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Georgia Girl 2

I think a 5-4 ruling on tossing the whole thing is about a 50-50 option with a 5-4 ruling tossing the mandate about 50-50 too. I also understand that it cannot be properly funded without the mandate - which was the entire point of the article: that lack of funding would crash the system and THATS PRECISELY WHAT THE LIBERALS WANT.


29 posted on 06/21/2012 11:50:16 AM PDT by C. Edmund Wright
[ Post Reply | Private Reply | To 24 | View Replies]

To: C. Edmund Wright

Given Scalia’s line of questioning, he seemed to be under the impression that if they threw out the individual mandate, essentially the glue which holds the entire law together, then SCOTUS would be required to wade through all 2,700 pages to decide which components stayed and which were out.

And given the rest of the Court’s laughter after Scalia’s Eight-Amendment crack, it doesn’t seem to me like something they’re willing to tackle.

The point being, I didn’t get the impression that SCOTUS even saw as an option striking the mandate and leaving the rest to stand as is. To the contrary.


30 posted on 06/21/2012 12:01:56 PM PDT by kevao
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

I actually think that the IPAB being immune from repeal or modification in a future Congress is MORE unconstitutional than the mandate, and I’m sure there are other anti-constitutional hand grenades scattered throughout the bill, as well.

If the Court upholds the law (except the mandate), they will not be hearing anything but ACA lawsuits in 5-7 years.


31 posted on 06/21/2012 12:06:45 PM PDT by Jim Noble (Anna Wintour makes Teresa Heinz Kerry look like Dolly Parton.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: C. Edmund Wright

Throwing out Obamacare or even the mandate is not going to crash the healthcare system. Most people in the US have insurance through their employer and stopping Deathcare from going into effect will just keep that status quo.


32 posted on 06/21/2012 1:39:48 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Georgia Girl 2

I don’t think you are following my reasoning at all. Throwing out the mandate but keeping in the rest of the act most definitely would crash the entire system. And that has been the liberal goal all along.

Throwing out all of the bill would give the system a chance to survive.


33 posted on 06/21/2012 3:47:42 PM PDT by C. Edmund Wright
[ Post Reply | Private Reply | To 32 | View Replies]

To: C. Edmund Wright

I doubt the system will crash. The plan does not really go into effect til 2013 and 2014. Mitt and the GOP will dismantle whats left if SCOTUS only throws out the individual mandate. I think its a false fear. I guess we will find out as the year wears on.


34 posted on 06/21/2012 5:58:00 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 33 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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