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Could Obamacare Go the Way of McCain-Feingold?
American Spectator ^ | 11.30.12 | DAVID CATRON

Posted on 12/01/2012 12:18:43 PM PST by neverdem

The "Affordable Care Act" might die a death of a thousand legal cuts.

Last June, upon learning that the Supreme Court had ruled Obamacare's individual mandate constitutional, many observers were forced to concur with the Dickens character who opined, "If the law supposes that… the law is an ass." Yet, the increasing number of anti-PPACA lawsuits that have been receiving serious attention from the courts suggests that the legal system may not be as irrational as it seemed when Chief Justice John Roberts began braying from the bench on June 28. If this seems Pollyannaish, consider the fate of McCain-Feingold.

In December of 2003, many were just as shocked and dismayed when the Supreme Court...

--snip--

These lawsuits involving the illegal IRS rule, IPAB, the contraception mandate, religious discrimination, etc. by no means exhaust the list of Obamacare challenges. This should inspire hope. It took the good guys six years to bring down McCain-Feingold. With a little luck, and a lot of patience, the good guys could well prevail against Obamacare as well. One hopes, of course, that it will not take six years. Still, "the law's delay," as Hamlet lamented, must be endured unless the "bare bodkin" seems a better choice.

Unfortunately, an important factor in all of this involves the longevity of the remaining Supreme Court justices who heed the Constitution. If one or more of these is promoted to that great tribunal in the sky, and the president is able to appoint another administration lackey like Elena Kagan to the Court, Obamacare may well be safe. On the other hand, if any of the serious challenges to PPACA arrive on the docket before any of the "conservative" justices shuffles off this mortal coil, the legal system may yet prove itself not to be an ass after all.

(Excerpt) Read more at spectator.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Politics/Elections
KEYWORDS: bcra; mccainfeingold; obamacare; ppaca
As the vast majority of the unconstitutional party passes such bills, the lawyers are not going to the poorhouse. The taxpayers are.
1 posted on 12/01/2012 12:18:56 PM PST by neverdem
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To: neverdem

I don’t think so. While there is much talk about the individual mandate, the bigger and less discussed aspect of the bill is the mandate that all businesses over a certain size pay for more employee health insurance. I don’t think any of them myriad of lawsuits even touch this.


2 posted on 12/01/2012 12:26:08 PM PST by Arthurio
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To: neverdem

The line is correctly rendered, “The law is a [sic] ass.”


3 posted on 12/01/2012 12:31:38 PM PST by Dr. Sivana (There is no salvation in politics.)
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To: Arthurio
The leftwingtards probably took heart from the fact McCain-Feingold was taking so terribly long to get rid of but they neglected to notice that MF (what a set of initials eh) had a small audience of directly affected people.

ObamaKKKare messes with everybody in one way or the other ~ it's very personal, but just as fascistic as MF.

I'm going to be referring all my medical issues to my two senators and crazy old Representative Jim Moran.

I"m taking heart from the fact that Congress finally got tired of answering complaints about mail service ~ they didn't have enough staffers to handle them. Same with medical stuff ~ Congress does not now nor will it ever have enough staff to handle that correspondence.

If all the House does is pass a health care privatization bill every session, eventually they'll hit a lucky streak and there'll go ObamaKKKare.

4 posted on 12/01/2012 12:35:55 PM PST by muawiyah
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To: neverdem

They ought to have declared it unconstitutional on the grounds that as a revenue bill it did not originate in the House.


5 posted on 12/01/2012 12:52:57 PM PST by Blood of Tyrants (Why is the government more concerned about protecting a microbe on Mars than an unborn baby here?)
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To: Dr. Sivana
Thank you. I thought so also.
6 posted on 12/01/2012 12:57:31 PM PST by hinckley buzzard
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To: Blood of Tyrants
They ought to have declared it unconstitutional on the grounds that as a revenue bill it did not originate in the House.

Unfortunately, it did.

While the Senate did not take up the House passed Obamacare bill (single-payer), Harry Reid found another obscure bill that the House had passed -- and which had not been acted upon by the Senate. The Senate then amended that bill by deleting all its original content and replacing it with the body of the Senate bill -- which then passed the Senate.

This amended bill was then sent back to the House for action and it was amended again, slightly, then passed. The bill then went to conference and was approved. Both houses then approved the conference report...and it was sent to the President for his signature.

In other words, the Senate version did, in fact, originate in the House. Technically...

But all this falderal is a not uncommon method of producing legislation that meets constitutional muster. Technically...

7 posted on 12/01/2012 1:09:02 PM PST by okie01 (THE MAINSTREAM MEDIA; Ignorance on parade.)
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To: neverdem

Nope. We are stuck with it. The case that SCOTUS just told the 4th Cir (was it the 4th?) to consider is on a very narrow issue. Thanks to Roberts, ObamaCare is here to stay.


8 posted on 12/01/2012 1:26:04 PM PST by RIghtwardHo
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To: RIghtwardHo
Thanks to Roberts, ObamaCare is here to stay.

Yeah, a very disappointing ruling. I remember when he did that, I was so angry and I said to my hubby, "I hope he really likes Obamacare; because he is going to be hearing cases on that thing for the rest of his life on the Court".

9 posted on 12/01/2012 1:44:05 PM PST by LibertarianLiz
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To: muawiyah

After ObamaCare was passed, my group health plan insurance premiums and deductible were hiked significantly.

While the actual ObamaCare regulations have not yet fully kicked it, it was explained by our benefits people that the insurers have begun to implement the changes themselves so that they are “ahead of the curve.”

The problem is, people are so stupid that they will likely blame the “evil” insurance companies and call for more laws and regulations rather than acknowledge the real culprit - ObamaCare.


10 posted on 12/01/2012 1:47:08 PM PST by Arthurio
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To: neverdem

!


11 posted on 12/01/2012 2:10:38 PM PST by skinkinthegrass (Anger a Conservative by telling a lie; Anger a Liberal by telling the truth....RWR 8-)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks neverdem. Where did McCain-Feingold go? It went right into the corpus of the law.
12 posted on 12/01/2012 2:31:22 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: neverdem

Obamacare will die a quick death, but it was designed to do so.

It will be replaced with single payer, and the destruction of healthcare in the US will be complete.


13 posted on 12/01/2012 3:31:12 PM PST by comebacknewt (Newt (sigh) what could have been . . .)
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To: neverdem

I believe it could. It took 10 years of court battles in the Supreme court, but it got kicked into the dust a bit at a time....shame of Bush 2 for signing it and he figured the supreme court would overturn it, but it took 10 years..


14 posted on 12/01/2012 5:12:16 PM PST by goat granny
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To: Arthurio

>> After ObamaCare was passed, my group health plan insurance premiums and deductible were hiked significantly.

Ditto. I’m seeing my current agreement prematurely terminated to be replaced by one with a 40% increase and higher deductibles.


15 posted on 12/01/2012 5:17:43 PM PST by Gene Eric (Demoralization is a weapon of the enemy. Don't get it, don't spread it!)
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To: Gene Eric

Lucky you. Mine went up in August 100%, and higher deductibles.


16 posted on 12/01/2012 6:29:40 PM PST by alamogal
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To: Arthurio

“The problem is, people are so stupid...”
//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

That is the truth if it has ever been written! This nation is plagued with millions of voters who have no more business entering a voting booth than does a Tomcat.


17 posted on 12/01/2012 7:10:32 PM PST by RipSawyer
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To: Blood of Tyrants

“They ought to have declared it unconstitutional on the grounds that as a revenue bill it did not originate in the House.”

Why would federal employees in black robes care about their master’s practices anymore than our rights?

They are of the Federal government, for the federal government and appointed by the Federal Government. As a body they have only ever rarely ruled against the Federal Government.

Most of the Federal employee’s edicts concern attacking the Federal Governments rivals the people and their States.

There is no justice in that “court”, nor could there be.


18 posted on 12/01/2012 7:59:23 PM PST by Monorprise
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To: Blood of Tyrants
They ought to have declared it unconstitutional on the grounds that as a revenue bill it did not originate in the House.

OOoooooo! Good one! Roberts ruled that Obamacare was a tax .... but didn't address the bastardy of the tax (or of the _Resident~ ...), so the subject is wide open to being brought back in for consideration as to its constitutionality under Article I.

Very good catch!

19 posted on 12/02/2012 12:20:33 AM PST by lentulusgracchus (Hanoi toy, McCain's their boy. (Hat tip to FReeper |neverdem|.))
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To: joe fonebone

Any comment on this article or the dissent of it?


20 posted on 12/03/2012 11:56:50 AM PST by 1010RD (First, Do No Harm)
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To: 1010RD

I am going to take a wait and see attitude for this one...

I am waiting for 2014, and the lawsuits pertaining to the equitable tax...

either the thousands of exemptions written into the bill will be overturned, or the tax will be tossed out as not being equitable..

this will be the big one..


21 posted on 12/03/2012 12:03:40 PM PST by joe fonebone (The clueless... they walk among us, and they vote...)
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