To: Gopher Broke
I think Roberts did this to save the court (another discussion). By declaring it a tax, the bill was passed under reconciliation, 51 votes in the Senate can overturn the law with majority in house and WH signature. I haven't given up hope this can happen in about six months.
posted on 06/29/2012 8:40:49 AM PDT
(Keep your laws OFF my Big Gulp !)
I've been all over the net since the SCOTUS ruling yesterday on obamacare, and the way I decipher it is that SCOTUS did deem the "mandate" - based on the Commerce Clause - as UNConstitutional.
It appears they are saying that the "mandate" must be looked at as a "tax".
To me it appears that the bill will therefore have to be edited and updated as a "tax bill" in order to have it repealed with a 51 vote majority.
It could prove to be a point of order and legislation to repeal it progresses.
Of course, if it was edited and revised, it makes sense tht it would have to go through Congress again, as a "tax bill", and I don't think it would pass....again.
obamacare - as it is currently written with all of its "fines", and "penalties" is UNconstitutional as it is currently worded.
So, if we can't repeal it, or the president vetoes a repeal, then it appears that it should be protested on the wording, forcing the pelosi/reid powerbrokers into introducing it as a new (tax) bill, and going before the House and Senate to be voted anew.
The SCOTUS did not change the law, it only told us how it should be "interpreted", insofar as constitutionality is concerned. But SCOTUS did take away their Commerce Clause leverage.
Now I'm no attorney but I think the whole thing just enterend "Catch 22" status for both sides.
So dems, run it back through Congress again and see if it passes as a "tax" bill, because your "mandate" bill is null and void.
posted on 06/29/2012 9:12:16 AM PDT
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