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Suit: Roberts' ruling a poison pill for Obamacare
WorldNetDaily ^ | Sep 14 2012 | Bob Unruh

Posted on 09/15/2012 5:03:15 PM PDT by WilliamIII

he penalties Americans will be required to pay under Obamacare for going without health insurance were declared constitutional in a U.S. Supreme Court decision that hinged on Chief Justice John Roberts’ assertion that the assessments are taxes.

But a legal challenge to the federal government takeover of health-care decision-making says that’s a problem, because Harry Reid created the Obamacare legislation, with all of its new “taxes,” in the U.S. Senate.

The demand for an explanation is being raised in an amended complaint filed by the Pacific Legal Foundation, which is representing a man who believes the new bureaucracy isn’t legal.

“If the charge for not buying insurance is seen as a federal tax, then a new question must be asked,” said Paul J. Beard II, the principal attorney for the organization.

When lawmakers passed the Affordable Care Act, with all of its taxes, “Did they follow the Constitution’s procedures for revenue increases?” Beard asked.

The Supreme Court wasn’t asked and didn’t address this question, he noted.

“The question of whether the Constitution was obeyed needs to be litigated, and PLF is determined to see this important issue all the way through the courts,” he said.

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


TOPICS: Constitution/Conservatism; Extended News
KEYWORDS:
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To: djf

People have already been ‘dinged’ as some of the taxes have already gone into effect haven’t they?


21 posted on 09/15/2012 7:35:45 PM PDT by sheana
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To: Vision

They can’t do it on their own.


22 posted on 09/15/2012 7:36:17 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: WilliamIII

>>>Really? Which politicians, if elected, are going to repeal Obamacare? Please give me their names.

Look up the names of the 244 members of the House who last voted to repeal it. July this year I believe. Second vote to repeal in the House IIRC.


23 posted on 09/15/2012 8:07:52 PM PDT by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: WilliamIII

It’s also the case that this administration has issued waivers to favored, connected businesses. As this program has been determined to be a tax, I wonder if there has been any questioning about where Obama derives the authority to issue waivers to taxes, which must be uniform and indiscriminately applied.


24 posted on 09/15/2012 8:08:07 PM PDT by Sgt_Schultze (A half-truth is a complete lie)
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To: WilliamIII
“The chief justice explained the apparent inconsistency in concluding that the ‘shared responsibility payment’ is a tax for constitutional purposes, but not for purposes of the Anti-Injunction Act.” His logic was that while Congress did not have the power to require citizens to buy insurance, it could require them to pay a tax.

No.

His logic was that there's a difference between "citizens" and "them."

The Chief Justice laid the keys of freedom before the American People.

He must be appalled that they are too terrified to even pick them up, let alone use them.

How Chief Justice Roberts Saved America

25 posted on 09/15/2012 8:49:40 PM PDT by Talisker (One who commands, must obey.)
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To: Blood of Tyrants; jessduntno

The Supreme Court has three distinct factions: 4 liberals, 4 conservatives, and 1 moron.


26 posted on 09/15/2012 8:55:02 PM PDT by Lancey Howard
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To: Lancey Howard
The Supreme Court has three distinct factions: 4 liberals, 4 conservatives, and 1 moron.

See my post #25 above, genius.

27 posted on 09/15/2012 9:39:07 PM PDT by Talisker (One who commands, must obey.)
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To: WilliamIII

What a ridiculous headline! Poison pill?! If he really wanted to kill obamacare why did he go so far out of his way to make sure it passed?


28 posted on 09/15/2012 9:57:35 PM PDT by fellowpatriot
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To: Talisker
See my post #25 above, genius.

I did, lame apologist.
I guess you and Roberts are just smarter than everybody else.

29 posted on 09/15/2012 10:18:39 PM PDT by Lancey Howard
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To: jessduntno
It was a ruling that needed another ruling and he knew it.


30 posted on 09/15/2012 11:31:18 PM PDT by itsahoot (I'll write in Palin in 2012. That is 1 vote for Palin, 0 votes for Romney and Zer0 votes for Obama.)
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To: fellowpatriot

I agree. This is all wishful thinking. Roberts was bullied by the left.....and it worked. Period. End of story.


31 posted on 09/15/2012 11:55:49 PM PDT by LongWayHome
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To: Iron Munro
Hope Justice John Roberts doesn’t do ua any more favors.

I call him "Judas Roberts."

32 posted on 09/16/2012 4:07:49 AM PDT by SkyPilot
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To: outofstyle

If Romney gets elected and the case is challenged at the Supreme Court level then Obama won’t have the power of the Presidency to blackmail the Supreme Court with. Whether or not Obama and ilk will still have other powers to hold over their heads is another question. If both things happen, though, it is much more likely to be stopped by the SC.


33 posted on 09/16/2012 6:19:15 PM PDT by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Revel
they claim

"They claim" is the key phrase here. They claim all kinds of things that are lies. If the SC has a shred of decency left they won't let them get away with blatant fraud.

34 posted on 09/16/2012 6:22:44 PM PDT by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: itsahoot

you would have pcute cartoon. Little kids love it.referred a bolstering of the unrestricted commerce clause


35 posted on 09/16/2012 11:24:50 PM PDT by jessduntno ("Socialism only works...in Heaven where they don't need it and hell where they have it." - RR)
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To: itsahoot

“It was a ruling that needed another ruling and he knew it.”

You would have preferred a bolstering of the Statist use of the commerce clause, I guess. Tough luck. Roberts killed it. And that was his first thought. They are now forced to go back to the court for a second ruling if they want to go that way. They don’t. Now, to do it legislatively, they will be blocked by the legislative process. Unless the dumbasses that think they are clever do not pull it together to gain some majority status. TKO by Roberts.

Cute cartoon. Kids love it.


36 posted on 09/16/2012 11:30:11 PM PDT by jessduntno ("Socialism only works...in Heaven where they don't need it and hell where they have it." - RR)
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To: jessduntno
You would have preferred a bolstering of the Statist use of the commerce clause, I guess.

It was not an either or, they could have killed it all, he chose to derail that.

37 posted on 09/17/2012 1:25:16 AM PDT by itsahoot (I'll write in Palin in 2012. That is 1 vote for Palin, 0 votes for Romney and Zer0 votes for Obama.)
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To: itsahoot

“It was not an either or, they could have killed it all, he chose to derail that.”

Didn’t derail it, he killed it. That should come in handy some day. Now for the bill...if it’s a tax, it will have to be legislated as such. It’ll be dead, too, the first time it is applied in a state where they reject it as written. I don’t understand why everyone is whining. And no, they couldn’t kill it all. It was, in fact, an either or, except the morons in the administration didn’t see this checkmate coming. And it is checkmate. They can shuffle a few pawns around, but it’s already over.


38 posted on 09/17/2012 9:01:29 AM PDT by jessduntno ("Socialism only works...in Heaven where they don't need it and hell where they have it." - RR)
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To: jessduntno
Didn’t derail it, he killed it.

What part of it died, my doctor is going full force implementing the monstrosity, so is all the rest of the medical infrastructure.

You are either deluded or you are a shill.

39 posted on 09/17/2012 1:31:15 PM PDT by itsahoot (I'll write in Palin in 2012. That is 1 vote for Palin, 0 votes for Romney and Zer0 votes for Obama.)
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To: itsahoot

“You are either deluded or you are a shill.

OK. It’s a law. Tell me...how does it work? there are whole sections that haven’t been set up. The infrastructure might be going forward, but it is NOT even written yet. Because your doctor gis going forward makes me neither a sh9ill or deluded. Your saying that makes you a fool, though. You don’t know what you are talking about.


40 posted on 09/17/2012 3:38:42 PM PDT by jessduntno ("Socialism only works...in Heaven where they don't need it and hell where they have it." - RR)
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