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Ruling Opens Avenue To Repealing Obamacare
The Hartford Courant ^ | July 8, 2012 | RED JAHNCKE

Posted on 07/08/2012 11:19:01 AM PDT by Daffynition

Obamacare was finally ushered into existence by an arcane procedural maneuver in Congress called "reconciliation." If Republicans prevail in November, this "landmark" legislation will perish by the very same method.

As Democrats drink champagne and marvel at a victory delivered by the unlikely vote of Chief Justice John Roberts, a Republican appointee, they overlook the import of the legal basis upon which Roberts made his decision. The court found the individual mandate, specifically the fine for defying the mandate, to be a tax, a characterization Democrats avoided at time of passage for atmospheric reasons. Democrats did not want to be pegged once again as the "tax and spend" party.

Well, reconciliation can only be used on pure budgetary matters, spending and revenue (tax) items. With the mandate now definitively designated a tax, reconciliation can clearly be employed to repeal it.

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


TOPICS: Business/Economy; Constitution/Conservatism; Politics/Elections
KEYWORDS:
He makes sense.

Author: Red Jahncke is president of The Townsend Group International, a business consulting firm in Greenwich. He can be reached at RTJahncke@Gmail.com.

1 posted on 07/08/2012 11:19:10 AM PDT by Daffynition
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To: Daffynition
The decision doesn't change anything.

The ACA was passed as a budget reconciliation item and can be repealed the same way.

2 posted on 07/08/2012 11:28:04 AM PDT by FredZarguna (When you find yourself arguing against Scalia and Thomas, you AREN'T a conservative.)
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To: Daffynition
The decision doesn't change anything.

The ACA was passed as a budget reconciliation item and can be repealed the same way.

3 posted on 07/08/2012 11:28:25 AM PDT by FredZarguna (When you find yourself arguing against Scalia and Thomas, you AREN'T a conservative.)
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To: FredZarguna

And it can’t be said often enough.


4 posted on 07/08/2012 11:29:06 AM PDT by FredZarguna (When you find yourself arguing against Scalia and Thomas, you AREN'T a conservative.)
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To: Daffynition

bookmark bump


5 posted on 07/08/2012 11:43:24 AM PDT by nralife (www.fireholder.com)
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To: Daffynition
Repeal it or nullify it. Either way, get rid of it. And without the mandate, the whole flimsy Obamacare house of cards goes down.

Obamacare 101 (actually Socialism 101 also called Looney Economics 101): A (government) does for B (the needy 10-20%) by taking from C (the "third man" - the rest of us). Without somebody else money (ours) the "do-gooders" (government bureaucrats) AFTER lining their own pockets first, can't "help" the needy .

6 posted on 07/08/2012 11:43:41 AM PDT by PapaNew
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To: Daffynition

If Obama is reelected but Republicans take control of the Senate with 51 votes and repeal Obamacare under a budget reconciliation procedure, can the President veto the repeal? Or since they are not strictly speaking passing legislation is it not subject to Presidential veto?


7 posted on 07/08/2012 11:51:05 AM PDT by chuckee
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To: Daffynition
With the mandate now definitively designated a tax, reconciliation can clearly be employed to repeal it.

Repeal, shmepeal, nothing of the sort will happen even if after the November elections a Republican is in the white house, 100 Republicans in the senate and 435 Republicans in the house of representatives.

SCOTUS through its spokesman pronounced what the law is, as the powers who govern wish it to be.

The Ruling Establishment have positioned themselves to make huge profits, increased their grip on power and set a precedent for additional looting of our economy under color of law and enforced by legions of additional armed civil employees. Why else the recent vast purchases of small arms and vast quantities of ammunition???

Anyone still thinking that the elected representatives truly govern this nation are either naive, ill informed, politically ignorant, don't care or are active enablers.

8 posted on 07/08/2012 11:58:34 AM PDT by varon
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To: varon

Even if 0bama ISN’T re-elected, he’ll still be our President. He’s the perfect candidate for a shadow government. This guy isn’t going away. He will still own the media and they’ll continue to ram him down our throat.


9 posted on 07/08/2012 12:07:49 PM PDT by GeorgeWashingtonsGhost
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To: FredZarguna

Which leaves us to ponder the urgency of each and every one of us to work locally toward electing representatives that will support repeal.:)


10 posted on 07/08/2012 12:09:02 PM PDT by Daffynition (Our forefathers would be shooting by now.)
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To: Daffynition

Strategy to repeal ObamaCare:

1) House passes a bill to repeal ObamaCare; Senate rejects it.

2) House passes a bill to repeal the individual mandate. The Senate passes it, because it only takes 51 votes in the Senate since the individual mandate was passed under “budget reconciliation,” and therefore cannot be filibustered. Obama vetoes it—he has no real choice.

3) House passes a bill that declares that the individual mandate is not a tax, that denies the Federal Courts jurisdiction to hear challenges to the new law, and that declares that if the courts rule that it is still a tax as a matter of Constitutional law in spite of the new law, then the mandate penalty/tax cannot be enforced.

Now the President and his party are forced to make an impossible choice: They either must acknowledge it’s a tax in a way that is political poison, or they must pass a law that effectively nullifies the Roberts ruling.


11 posted on 07/08/2012 12:14:27 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: Daffynition
You can overturn Obamacare easy enough, that is the easy part. What you cant do is overturn the precedent setting decision that Benedict Roberts handed down. The gubmint can now tax us for “not” doing something the order us or mandate us to do!! You will need another SCOTUS court to overturn that!! Is there A freeze warning for hell?
12 posted on 07/08/2012 12:24:10 PM PDT by Forrestfire (("To educate a man in mind and not in morals is to educate a menace to society." Theodore Roosevelt))
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To: Daffynition

I believe Roberts said that for congressional purposes it was not a tax, but for constitutional purposes it was a tax.


13 posted on 07/08/2012 12:38:47 PM PDT by Raycpa
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To: Daffynition
Never will happen. President Romney, even with a conservative House & Senate, lacks the will, the leadership and the courage to really kill this thing. SCOTUS was the last hope. Obamacare may be tweaked and massaged. Allot of noise will be made, but like Social Security & Medicare, it's here to stay. This is a massive entitlement and I don't see how the nation can ultimately survive it.
14 posted on 07/08/2012 12:55:59 PM PDT by outofstyle (Down All the Days)
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To: Daffynition

Get the Federal Government the “H” out of our lives in every aspect the Left has set us up to fail/fall.

We don’t need the government for say HealthCare. If there’s a market out there private enterprise will fill that need.

We don’t need the Leftist constructed Federal behemoth we have today. Get the damned thing cut down to what it was designed by the founders.

The Left has been at work for decades, “H” for a Century for that matter incrementally instilling their expansion of Federal control for the purpose of centralizing our government so they can rule over the States, the people.

We can’t lose sight of what they have done, and where they are going with this. Stop them NOW.

Today about 50% of the populace in one way or another as by design of the Leftists over the years are reliant upon the expanded Federal government for their very survival. This is not the American way. This is not what the Founders designed for the American people.


15 posted on 07/08/2012 1:19:59 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: FredZarguna

Exactly what I was thinking as I read the article....


16 posted on 07/08/2012 2:06:01 PM PDT by C. Edmund Wright
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To: FredZarguna
The ACA was passed as a budget reconciliation item and can be repealed the same way.

Right. But in order for it to be repealed, we need to retain the House, get a 51 seat majority in the Senate and put Romney in the WH.
17 posted on 07/08/2012 2:07:11 PM PDT by Signalman
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To: Daffynition

I dread the “lame duck” session after Obummer loses big


18 posted on 07/08/2012 2:41:23 PM PDT by DNME (Tired of being polite about it? Time for action? Reawaken the Sons of Liberty!)
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To: DNME
I dread the “lame duck” session after Obummer loses big

Well, it would have to be by executive order, since the House and Senate are gridlocked and can't pass anything.

Even then, the new President could quickly rescind any such insanity.

19 posted on 07/08/2012 2:48:33 PM PDT by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month.)
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To: Daffynition
This was known from day one. I think all of the naysayers are liberals in disguise.

Why else are the dems calling it anything but a tax. Laws are laws and this is not a penalty but a TAX. A tax with less chance of survival than a snow drop in hell.

20 posted on 07/08/2012 4:19:20 PM PDT by BornToBeAmerican (Things aren't as good as they should be and its Obama's fault, the resident said)
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To: sourcery

ping repeal OBAMACARE


21 posted on 07/08/2012 4:58:05 PM PDT by TNoldman (AN AMERICAN FOR A MUSLIM/BHO FREE AMERICA.)
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To: rockinqsranch
Καλώς ήρθατε στην Ελλάδα. FWIW [see my tagline] ;)
22 posted on 07/08/2012 5:46:29 PM PDT by Daffynition (Our forefathers would be shooting by now.)
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To: Daffynition

*


23 posted on 07/08/2012 5:48:59 PM PDT by BunnySlippers (I LOVE BULL MARKETS . . .)
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