It will stand if We the Sheeple let it.
Posted on 06/17/2010 1:28:59 PM PDT by erkyl
In order to protect the new national health care law from legal challenges, the Obama administration has been forced to argue that the individual mandate represents a tax -- even though Obama himself argued the exact opposite while campaigning to pass the legislation. Late last night, the Obama Department of Justice filed a motion to dismiss the Florida-based lawsuit against the health care law, arguing that the court lacks jurisdiction and that the State of Florida and fellow plaintiffs haven't presented a claim for which the court can grant relief. To bolster its case, the DOJ cited the Anti-Injunction Act, which restricts courts from interfering with the government's ability to collect taxes.
(Excerpt) Read more at spectator.org ...
I think I remember it passing in the House first. Remember, Scott Brown was going to be the 41st vote against it? So they regrouped and did it through reconciliation. I also remember all the people who voted against it in the House the first time (or vice versa) switching around after the Senate ‘fixed’ it. It went through the House first, I’m almost positive.
But I’ve been wrong before. Hope I’m wrong.
Per Levin’s Liberty & Tyranny, this is exactly how they got Social Security past the Supreme Court.
right on, sourcery.
this can’t fly.
if it’s a tax, it won’t work for the reasons you state.
if it’s not a tax, there is no authority to charge it.
i hope we see it crumble.
Democrat doublespeak. It means whatever they say it means but it can change if they so decree.
It will stand if We the Sheeple let it.
Oh, so now it’s a tax.
NO STANDING
This case is going to be heard on the merits, and it's going to be heard by the Supremes, eventually. They won't be able to escape that.
Yep, to everything you said.
No, the House passed “a” universal healthcare plan, and then later the senate passed their own. THEN, and I don’t remember the details, but to get around the filibuster the House had to pass the exact bill the senate had passed. THEN it went back and the Senate was able to change it. Or something.
But Social Security (correct me if I’m wrong) is a percentage of income based tax, so it is equal for all. It is not mandated for being a citizen. If you don’t work, you don’t have to pay Social Security tax. This health care tax would penalize you for being alive in the US and not carrying ‘federally approved’ health insurance. It’s not going to fly the same as SS. Additionally, the law mandates a varied cost to citizens based on their income (some getting subsidies, others not), so it’s not equitable as a tax either.
I appreciate those with legal minds sorting this out for me.
Even so, they are essentially arguing that the insurance companies, which they are mandating we purchase from, are now de-facto arms of the government.
Also, there would be no uniformity to each state, from each provider, and group discount or even age.
They are all different, so Commerce Clause cannot possibly be relevant besides all that 1st, 4th, 5th, 9th, 10th, 14th amendment stuff.
Yes, you are right. I recall that scenario. But I thought the Senate was just revising the original ‘universal plan’ that came out of the house.
So when Zero says “let me be perfectly clear” that means he’s lying?
Oh wait, it’s lying when he opens his mouth, so the above statement is included.
Hahaha... The whole process has illegitimate from the word go.
The constitutional challenge may hang on involuntary servitude. Forcing citizens to buy a product or service under penalty of wage garnishment is indentured servitude.
“You mean Barry lied?”
NO! My entire world view is crushed!
O lied, who died?
O lied, who died?
BUMP
This is precisely the argument used when SSIP was challenged in court. The result is that there is no requirement to PAY OUT any SSIP to any individual while every individual is requried to pay into the system.
In order to ensure that every citizen is required to pay into government MANDATED health care, they MUST admit that there is no requirement to PAY OUT a benefit to any individual.
Say hello to death panels.....
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