Skip to comments.Affordable Care Act SCOTUS Decision--Live Thread
Posted on 06/28/2012 4:56:21 AM PDT by John W
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“Roberts is a constitutionalist, not a conservative..”
You might want to read Scalia’s dissent. The Constitution gives Congress the power to determine who is a citizen. It says nothing about controlling the borders.
Nothing works right any more...
"Tom: One disclosure re the health care cases: Kevin and I filed a brief for the AARP in support of the mandate. But our client knew that we'd be objectively reporting on the decision."
Now we find out that he actually represents AARP and filed a brief in the case urging that the mandate be upheld.
Who ever said Lefty lawyers weren't slimy bastids?
Today is proof that the system is the challenge.
My Magic 8 Ball is on the fritz as well.....
37 minutes to a new birth of freedom.
The states cannot pass any law pertaining to immigration and naturalization policies.
But, your fears are indeed justified
So, what is a state to do?
Time to jump all over the backside of the state attorney general
document, and place a dollar amount, on everything that the illegal’s have cost, including attacks on citizens.
sue the federal government for said costs..
Have the ninth circus rule that the states cannot sue the feds..
Appeal to supreme court
Win your case
Perhaps, with a little forethought, arizona could have taken this action first, instead of trying to pass a law that could, would and should never pass constitiutional muster..
more like an hour, two ruling will be ahead of it.
I'm afraid you're wrong.
Ruling in favor of Ocare is obviously trouble for the republic. Ruling against, and otherwise a lame duck Marxist in the whitehouse for half a year? Like an alcoholic locked in a liquor store. What damage could he do?
We discussed ad infinitum why Roberts joined the majority for SB1070. Roberts is going to be solid on this one.
Just found thread!! Cant watch on TV, will follow here. I am a nervous wreck, lol. Either too much coffee or afraid that the court upholds this damn thing
Just wanted to make a note here to remind everyone that the Obamacare legislation did NOT include a SEVERABILITY CLAUSE which legally means that if SCOTUS strikes down the mandate, then the entire law SHOULD be scrapped, immediately.
It is irrelevant. The infrastructure is in place. The HHS has already written rules. Money has already been paid in. The insurance companies have already made significant changes. Jobs have been created.
If Obama wins this, he declares it is only the first part of the new law and that much more has to be done. That will be the nod to his constituencies.
If Obama loses, same thing applies.
The most important aspect of this entire program that is not being addressed is this. This program is Cloward Piven on steroids. It is designed to put the nail in the coffin of the middle class. If you are wealthy enough, you will find a way to get your waiver. If you are poor enough, you won’t pay a dime into this. If you are in the middle class, you are going to be sucked dry until you are poor.
Within one election cycle, there will no longer be a middle class. Sorry people, the train has left the station and the on;y set of brakes we had was destroyed by the MSM when they picked Romney as our candidate.
Guess we are about to find out if bam made himself “perfectly clear” during his secret unconstitutional clandestine meeting with the “THE ROBED ONES” in ‘08
That's not quite true. While a specific decision not to include a severability clause is a relevant factor to consider, the court can still strike down a portion of a law if it can be done so in accordance with the blue pencil doctrine.
Well, at least I’m not the only one??? LOL
I’m going nuts here waiting, and praying hard.
That’s exactly how I see this going down as well, and it scares me. After the AZ decision it seems like Roberts may be willing to hold Kennedy’s hand whichever direction Kennedy wobbles.
I don’t trust them. There should be no question about this law’s unconstitutionality. It is blatantly unconstitutional. The Supreme Court is America’s weakest link at this point. It’s no wonder we’re all sitting on pins and needles. The very rule of law is a crap-shoot, like Russian roulette.
I hope the justices do right.
What some people forget is most if not all rulings cite the US Code. Thats where the legal justification comes from and NOT just the Const.
My gut feeling is the mandate and all provisions relating to it goes, but the rest stays. I’m sure a lot of people on both sides won’t know whether to celebrate or despair. I for one will be thrilled, the mandate is by far the most egregious part.
My prediction: It will take hours, if not days for us to figure out whether we “won or lost” and both sides will claim victory today.
Never trusted Roberts. I can see him upholding this abomination.
For that matter I can see Alito upholding it. His statist tendencies are even more striking.
Does anyone know what time the House is voting on the Holder contempt charge?
If it is upheld. Obama loses in November by margins never seen
Guess that leaves one locution: all the middle class need to become upper class.
The whole thing should be struck down as nobody knows what’s really in it...including the damn government.
Then why did the court uphold the ability of AZ law enforcement officers to enforce the law?
The officers of the several states have an intrinsic duty to defend their people. If the United States fails in its imperative constitutional obligation to defend the states from invasion, they must step up. They have no choice.
Geez, my stomach is in knots...
SCOTUS seems to be the only part of the govt that can keep a secret.
Interesting. I’m not familiar with the “blue pencil doctrine” you refer to. I see I’ve got some more studying to do. :) Thanks for the info., I appreciate it.
Me too! I need a little pink pill... pepto
"...I agree to this Constitution, with all its faults, if they are such... and believe further, that this is likely to be well-administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other..."
Benjamin Franklin, 1787, urging the adoption of the US Constitution.
Rumor Obama will be in attendance at SCOTUS today.
What time for central? and what station should I watch?
Most people seem to think the mandate will be struck down but I hope it’s the whole bill.
If they strike down the mandate and Obama remains in office (God forbid) he will just make it a tax.
Ping for location.
Many people forget that even though a majority are against SoetoroCare in name, large numbers of people still support individual provisions that’ll be just as bad.. the stuff about insurance companies being forbidden to deny insurance to anyone bit, for example.
How the hell is an “insurance” company supposed to stay afloat when they’re no longer selling insurance.. correctly defined as protection against future events anyway.. but are forced to offer heavily discounted care for people who are already sick? They’ll need such massive gov’t underwriting that they’ll become Fannie Mae and Freddie Mac’s in all but name.
This is coming by Romney or Obama, I’m afraid. Romneys version might not be as terrible, but it’ll permanently destroy the future of real conservatism within Republican party. At least with barry, legislators with an R after their names can still call themselves the opposition.
Perhaps the USSC striking it all will trigger a public realization that forcing companies into dependence on gov’t aid to stay afloat merely gives you the worst of both worlds, but I doubt it.
What a shit. I bet it is upheld and he knows it. God, I hate that man
Praying that the entire ObamaCare monstrosity goes down in flames BIG TIME. Damn, I wish I was out there on the steps of the Supreme Court with the protestors! With the "good guys" of course...
The blue pencil doctrine says that if you can take a blue pencil and just cross out the offending provision of the law without affecting the rest of it then they may do so. I'm not sure how it got its name (ie. as opposed to normal pencil) but that's what it's called.
Or it gets “kicked down the road” and SCOTUS rules the case cannot be brought until the law is fully implemented.
Thank you for that positive comment.
Way too many gloom and doomers in these here parts.
it’s like waiting for the results of medical tests...maybe worse.