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What does the Obamacare ruling mean for all those waivers from HHS?

Posted on 06/28/2012 9:45:50 AM PDT by Weight of Glory

Since the "mandate" is only legal as a tax, the Dept. of H.H.S. can't tell some companies they don't have to pay it. That would have to come out of Congress. The bill was written not as a tax, but a regulatory bill under the C.C., which could then be regulated by the executive branch. But since it's now only legal as a tax...Thoughts?


TOPICS: Constitution/Conservatism
KEYWORDS:

1 posted on 06/28/2012 9:45:52 AM PDT by Weight of Glory
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To: Weight of Glory

Unequal protection under the law.

No problem.

Some animals are more equal than others.


2 posted on 06/28/2012 9:49:50 AM PDT by null and void (Day 1255 of our ObamaVacation from reality - Obama is not a Big Brother [he's a Big Sissy...])
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To: Weight of Glory

very good question....call into Rush and ask him....get your question on air


3 posted on 06/28/2012 9:50:08 AM PDT by Jewels1091
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To: Weight of Glory

Obama CAN pick and choose winners and losers. He CAN grant special waivers and favors. He has the power. He has the Power! He has the POWER!!! HEIL!!!


4 posted on 06/28/2012 9:51:48 AM PDT by 2harddrive
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To: Jewels1091

I actually got into Glenn Beck this morning, but he didn’t take any callers. I’ll keep trying Rush.


5 posted on 06/28/2012 9:51:58 AM PDT by Weight of Glory
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To: Weight of Glory

just as “not a tax”, became a tax...
the waivers, will simply become tax exemptions.


6 posted on 06/28/2012 9:52:29 AM PDT by Elendur (It is incumbent on every generation to pay its own debts as it goes. - Thomas Jefferson)
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To: Jewels1091

Exactly and why I emailed Rush. This was not debated and voted on as a tax. Roberts has deemed that is was. What makes the 2009 vote valid?


7 posted on 06/28/2012 9:52:40 AM PDT by DAC21
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To: Weight of Glory

If Obama says people must live under his kingship, we must live equally. That includes from the president down to the dog catcher. No one can be except if we are all equal. But are we really equal?

Equal justice under the law.

It means, that under our system of law, Every citizen is treated and judged fairly, regardless of who they are.

Equal Justice Under Law is a free market principle. “Government must treat everyone equally; neither rewarding failure nor punishing success.” The law cannot reward one person or industry by granting subsidies, special tax rates and/or regulations while dealing with other people or industries by completely different standards.

When governments intervene creating classes of people and businesses who enjoy special rights and privileges not enjoyed by everyone, it undermines the free market as well as introducing enormous moral hazard. The temptation to grant special rights and privileges to those who put politicians into office must be fought strenuously in every generation.

This is done by emphasizing the critical importance of Equal Justice Under Law.


8 posted on 06/28/2012 9:52:48 AM PDT by Linda Frances (Woe to those who call evil good and good evil, who put darkness for light and light for darkness)
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To: Weight of Glory
Since the "mandate" is only legal as a tax, the Dept. of H.H.S. can't tell some companies they don't have to pay it.

That's a great point but our Washington Overlords will merely change their minds and issue a new dictat.

9 posted on 06/28/2012 9:53:06 AM PDT by bimbo
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To: Weight of Glory

The Department of Health and Human Services, headed by Kathleen Sebelius has tallied the total number of ObamaCare waivers issued since the Barack Obama signed the government takeover of healthcare into law nearly two years ago.

Roughly 1,200 companies received waivers from part of the healthcare reform law, the Health and Human Services Department said Friday.

Friday marks the last time HHS will have to update the total number of waivers, putting to rest a recurring political firestorm. The department had been updating its waiver totals every month, prompting monthly attacks from the GOP.

If ObamaCare is so great, why was there a need for waivers at all?


10 posted on 06/28/2012 9:53:32 AM PDT by al baby (Hi Mom)
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To: Weight of Glory

That has been my question all morning. Also, how many people are going to lose their current coverage when their employer just decides that the fine is cheaper than providing coverage??


11 posted on 06/28/2012 9:53:56 AM PDT by eyrish69 (Yellowstone Wolves - Smoke a Pack a Day!!!)
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To: Weight of Glory

Laws? The Obama regime will do whatever they want to do. Who’s going to stop them?


12 posted on 06/28/2012 9:54:33 AM PDT by Hugin ("Most times a man'll tell you his bad intentions, if you listen and let yourself hear."---Open Range)
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To: al baby

bookmark


13 posted on 06/28/2012 9:56:01 AM PDT by corlorde (forWARD of the state)
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To: Elendur

Yes, but “tax exemptions” require Congress. H.S.S. can’t dole them out.


14 posted on 06/28/2012 9:57:12 AM PDT by Weight of Glory
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To: Weight of Glory

Why don’t you post it on the Rush thread for today? I’m convinced that he and Levin read their show threads on here.


15 posted on 06/28/2012 9:57:23 AM PDT by RushIsMyTeddyBear (Wings cannot be redistributed, they can only be broken. ~ Oleg Atbashian (People's Cube))
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To: Weight of Glory
I may be wrong, but if the mandate is now a "tax", shouldn't the entire bill be amended by Congress to make imposing that tax legal?

If only Congress can impose a tax, then it would have to be re-written, as the the bill authorizes a "mandate", and interviews with obama and other dems expose claims that its original intent had nothing to do with "taxation".

As written, obamacare does not authorize a "tax", only fines and penalties. By SCOTUS saying that it is - in effect - a tax, means that SCOTUS is fully involved in judicial activism by implying a bill that does not exist.


16 posted on 06/28/2012 10:00:25 AM PDT by FrankR
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To: FrankR

Great point.


17 posted on 06/28/2012 10:02:22 AM PDT by Weight of Glory
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To: 2harddrive

“Obama CAN pick and choose winners and losers. He CAN grant special waivers and favors. He has the power. He has the Power! He has the POWER!!! HEIL!!!”

Soon to be past tense.


18 posted on 06/28/2012 10:02:46 AM PDT by MichaelCorleone ('We the People' can and will take this country back...starting today.)
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To: Linda Frances
"Government must treat everyone equally; neither rewarding failure nor punishing success"

I call BS. Subsidies and tax exemptions are exactly that - unequal rewards and punishments - all things are unequal!

19 posted on 06/28/2012 10:03:03 AM PDT by I am Richard Brandon
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To: FrankR

Romney is going to win in a landslide after today.


20 posted on 06/28/2012 10:03:43 AM PDT by sheikdetailfeather (Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.")
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To: DAC21

He’ll just sign an Executive ORder.
No problem.

Not Constitutional?
No problem.

Like he said,
“I won!”

What he meant
“I can do whatever the EFF I want and NOBODY is going to lift a finger to stop me or we will call them a racist.”


21 posted on 06/28/2012 10:07:56 AM PDT by a real Sheila ("Vado a bordo, cazzo!")
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To: FrankR

As written, obamacare does not authorize a “tax”, only fines and penalties. By SCOTUS saying that it is - in effect - a tax, means that SCOTUS is fully involved in judicial activism by implying a bill that does not exist.
///
great point! ...and Roberts, is certainly smart enough,
to understand that.
so why, did such a conservative constitutionalist,
suddenly become one of the greatest judicial activists,
in American History?!?


22 posted on 06/28/2012 10:12:22 AM PDT by Elendur (It is incumbent on every generation to pay its own debts as it goes. - Thomas Jefferson)
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To: I am Richard Brandon

You’re right, BUT all those exemptions were written into law. The waivers were NOT. The exist simply because HHS says they do. The Executive branch can’t do that.


23 posted on 06/28/2012 10:13:20 AM PDT by Weight of Glory
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To: Linda Frances
If Obama says people must live under his kingship, we must live equally.

Isn't that communism? Government collects and legislates to take away from some and give to others. All hail the King!

24 posted on 06/28/2012 10:13:44 AM PDT by Logical me
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To: Weight of Glory

The Executive Branch can’t do that??? Who’s gonna stop them?


25 posted on 06/28/2012 10:21:59 AM PDT by ilovesarah2012
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To: Weight of Glory

IRS under the justice dept is responsibility for collecting the “tax” and we know that Holder and Obama can use prosecutorial discretion to enforce or not enforce our laws so the exemptions will stand.


26 posted on 06/28/2012 10:36:01 AM PDT by fatrat (extremely extreme right-wing radicalized veteran)
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To: 2harddrive

Next come the boxcars and camps???


27 posted on 06/28/2012 10:36:44 AM PDT by ExTexasRedhead
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To: Weight of Glory
The Executive branch can’t do that.

Can't? They did.

Try to keep up...

28 posted on 06/28/2012 10:39:27 AM PDT by null and void (Day 1255 of our ObamaVacation from reality - Obama is not a Big Brother [he's a Big Sissy...])
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To: Weight of Glory
"The Executive branch can’t do that."

Try and stop them! Roll on November.

29 posted on 06/28/2012 11:09:18 AM PDT by I am Richard Brandon
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To: eyrish69

fine is cheaper than providing coverage??”

This may work for now but what about when a company is faced with the ruling that they must pay the fine or they can no longer do business?


30 posted on 06/28/2012 11:23:41 AM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: Elendur
Maybe Roberts is saying that it has to go back to Congress, and actually get debated and VOTED in to law, this time. None of that was done last time. There was no debate, because no one had actually seen the legislation, and because the Dems put it through in a Reconciliation bill, it was 'deemed' passed.

From what several folks writing today have said, it would only take a majority in the House and Senate to Repeal Obamacare. There is no need for the 60 votes in the Senate. THAT might be the death knell for the legislation, because if the Repubs in the Senate all stand together, they may be able to peel off a few Democrats who are hearing screaming against Obamacare from their constituents.

31 posted on 06/28/2012 7:51:24 PM PDT by SuziQ
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To: Weight of Glory

The Dictator can give tax waivers to his friends. Laws don’t matter anymore.


32 posted on 06/28/2012 11:00:09 PM PDT by UnwashedPeasant (Don't nuke me, bro)
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