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To: afraidfortherepublic
After reading endless commentaries like this, my general sense of the ObamaCare decision is as follows:

1. The case before the Supreme Court was probably brought prematurely, since the most destructive provisions of ObamaCare aren't even in force yet (and therefore can't legally be contested).

2. The Court's ruling is actually problematic for ObamaCare in other areas. The ruling is filled with landmines that can be exploited by individuals or groups in future legal challenges. For one thing, if ObamaCare is a "tax" then by definition there are enormous loopholes that would likely apply to tax-exempt organizations (religious or not).

3. As more and more provisions of ObamaCare are implemented, there will be additional legal disputes related to specific provisions (First Amendment grounds, the ability of HHS to grant waivers in an arbitraty fashion, etc.).

4. ObamaCare is not likely to remain in its current form by 2014 anyway, since the financial numbers aren't going to work and too many members of Congress are going to be running away from it.

40 posted on 07/05/2012 7:22:24 AM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: Alberta's Child
too many members of Congress are going to be running away from it.

They may be unwilling to feed the dragon, but they are unwilling to slay it as well.

47 posted on 07/05/2012 7:27:36 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: Alberta's Child

“there are enormous loopholes that would likely apply to tax-exempt organizations (religious or not)”

The “mandate” penal-tax is a tax on individuals, not groups. Existing group exemption schemes don’t apply.


105 posted on 07/05/2012 9:15:39 AM PDT by Tublecane
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