Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Hostage

If Congress exempts federal workers, which it has, if members of SCOTUS shall have their own healthcare, which it will, then o’bamacare is DOA.


90 posted on 03/27/2012 4:50:39 PM PDT by Waco (Nominate Palin or forget 2012 you lost)
[ Post Reply | Private Reply | To 47 | View Replies ]


To: Waco; RIghtwardHo

With the exemptions you describe why would Obamacare be dead on arrival DOA? I hope it would be but I don’t see how.

In order to repeal Obamacare we are going to need at least:

1. A Republican Non-Romney President, GOP control of the House, 60 Senators that will vote to allow a vote of repeal.

OR

2. Obama as President, GOP control of 2/3’s of the House and Senate to override a veto.

Conclusion:
The votes are not there.

The way to kill Obamacare now is to either:

1. Strike down the individual mandate and rule that severability is not implied, therefore the Act’s provisions are not severable,

OR

2. Strike down the individual mandate and send the law back to Congress for a resolution where Congress will decide to revote on the issue of severability. This would result in an immediate death of Obamacare as the House votes against severability.

I am not sure the SCOTUS can do 2. above, to send a portion of the case back to Congress for a clarification of intent. But I do think it is possible that the House can send to the SCOTUS a resolution of meaning and intent which would of course be against severability. The Senate could do the same but I think a GOP filibuster could stop that. Anyways interesting things to ponder.

The way to kill Obamacare in the future (if there is a future for America as we know it) is to pass H.R. 25 the ‘FairTax’ (http://www.fairtax.org/site/PageServer?pagename=about_faq) and repeal the 16th Amendment. Also an amendment needs to be made to explicitly rollback abuses of the Commerce Clause. Here’s how that can be done:

http://online.wsj.com/article/SB124044199838345461.html

Law Professor Barnett wrote the above about one month after Obamacare was passed.


122 posted on 03/27/2012 6:54:28 PM PDT by Hostage (Be Breitbart!)
[ Post Reply | Private Reply | To 90 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson