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Justice Breyer: Can Congress Make Americans Buy Computers, Cell Phones, Burials? ‘Yes, of Course’
CNSNews ^

Posted on 03/29/2012 2:59:08 AM PDT by Sub-Driver

Justice Breyer: Can Congress Make Americans Buy Computers, Cell Phones, Burials? ‘Yes, of Course’ By Terence P. Jeffrey March 28, 2012

(CNSNews.com) - During oral arguments in the Supreme Court this week, Justice Stephen Breyer posed and answered the core question at issue in the controversy over the constitutionality of Obamacare’s mandate that individual Americans must buy government-approved health insurance policies: Can Congress order individuals to buy a good or service?

“Yes, of course they could,” said Breyer.

In the history of the nation, according to the Congressional Budget Office, the federal government has never done this.

But Breyer, on Tuesday, stated his belief that the basic power of Congress to do such a thing was settled by the Supreme Court as early as 1819, in the case of McCulloch v. Maryland, in which the court decided Congress had the power to create a Bank of the United States.

Breyer explained his point of view after becoming impatient with the convoluted answers Solicitor General Donald Verrilli had offered up in response to questions from Justices Sam Alito and Anthony Kennedy and Chief Justice John Roberts.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events
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1 posted on 03/29/2012 2:59:13 AM PDT by Sub-Driver
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To: Sub-Driver

Is Breyer senile?
What does the Governemnt opening a bank have to do with forcing citizens to buy something? No one had to use the bank if they did not want to..


2 posted on 03/29/2012 3:11:43 AM PDT by SECURE AMERICA (Where can I sign up for the New American Revolution and the Crusades 2012?)
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To: Sub-Driver

Having just read his so-called “explanation”, and despite the fact I am NOT a lawyer (thank God), I have to say that represents some of the most convoluted, twisted, tortured “logic” I’ve seen in a long, long time.

What an idiot.


3 posted on 03/29/2012 3:15:17 AM PDT by RightOnline (I am Andrew Breitbart!)
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To: SECURE AMERICA
This Bryer and the Marxists Clinton and Obama put on the Supreme Court need to read the Constitution. Only the powers outlined in the Constitution are for the federal government. The Constitution limits government. All the other powers are reserved for the people and the states.
4 posted on 03/29/2012 3:15:27 AM PDT by rurgan (Make all laws have an expiration date of 3 years. too many laws is the problem)
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To: Sub-Driver

Breyer ought to be forced to buy me a fleet of Cadillacs. I need them.


5 posted on 03/29/2012 3:17:27 AM PDT by SoFloFreeper
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To: Sub-Driver

There’s a lot of anticipation that the Supremes will toss out Obamacare...The opening of Mark Levin’s show dedicated to the discussion of the courts proceedings warned that the Court could go the other way.

By the time the SCOTUS decision arrives the candidate question should be semi resolved.

With Romney at the helm and the PCs (pseudo-cons-servatives) in charge what will happen ?


6 posted on 03/29/2012 3:30:03 AM PDT by mosesdapoet ("The best way to punish a country is let professors run it. Fredrick the Great p/p)
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To: Sub-Driver
When Breyer was confirmed to the Supreme Court, only 9 Republicans in the Senate voted against him.


7 posted on 03/29/2012 3:30:08 AM PDT by EternalVigilance (In self-evident truth, in timeless principle, in the people themselves, lie our republic's only hope)
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To: Sub-Driver
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

-- James Madison, the Father of the U.S. Constitution


8 posted on 03/29/2012 3:31:33 AM PDT by EternalVigilance (In self-evident truth, in timeless principle, in the people themselves, lie our republic's only hope)
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To: Sub-Driver

KaganLezbo and Soda-my-ass jumped in to demonstrate what side of the Constitution they are using for their ruling - the blank side!


9 posted on 03/29/2012 3:32:26 AM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: Sub-Driver

And make us buy (and eat) broccoli because it’ll make us healthy.


10 posted on 03/29/2012 3:39:04 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: mosesdapoet

When is the decision supposed to be? Thanks.


11 posted on 03/29/2012 3:40:06 AM PDT by ptcmama
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To: SECURE AMERICA

Yes, of course. Setting aside the question whether a national bank was a wise idea, the question at issue was whether each of us would have to open a savings account at such a bank (or establish a similar account at another bank). Fact is, I don’t HAVE to open a bank account at all. I can stick my money in a mattress if I want to. Those choices are mine to make, not the government’s to impose. I of course have to face the consequences of my choices, but that’s a different issue.


12 posted on 03/29/2012 3:40:15 AM PDT by ishmac (Lady Thatcher:"There are no permanent defeats in politics because there are no permanent victories.)
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To: RightOnline

Thank God for lawyers - Scalia, Roberts, Thomas and Alito are lawyers. So is Mark Levin, and I could go on.

Lawyers are like neighbors, teachers, soldiers and relatives - some are jerks and some are gems.

Lord knows, when the government comes after you, you will want a lawyer to help you.

If you like freedom, thank a lawyer and a vet.


13 posted on 03/29/2012 3:41:37 AM PDT by Notwithstanding (1998 ACU ratings: Newt=100%, Paul=88%, Santorum=84% [the last year all were in Congress])
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Comment #14 Removed by Moderator

To: RightOnline

You are right about Breyer’s “logic”. Sadly, he gets it from the McCullouch v. Maryland case. It is the “logic” in that case interpreting “necessary and proper” that has gotten us where we are in Commerce Clause jurisprudence. The proof of that is the Wickard case. If you can stomach it, even as a non-lawyer, please try to read those cases, at least the sections discussing “necessary and proper.” if you can read the dissents you’ll pretty much see where both sides are going.

I won’t be shocked either way, sadly.


15 posted on 03/29/2012 3:51:37 AM PDT by NCLaw441
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To: SECURE AMERICA

The short answer to your first question is “Yes, like most Lefties, regardless of age”.


16 posted on 03/29/2012 3:52:20 AM PDT by Pecos (O.K., joke's over. Time to bring back the Constitution.)
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To: Reeses
This election is between a zero-accomplishment one-term half-assed black vs. a zero-accomplishment one-term half-assed Mormon.

Only if you are willing to accept that.

17 posted on 03/29/2012 3:53:11 AM PDT by EternalVigilance (In self-evident truth, in timeless principle, in the people themselves, lie our republic's only hope)
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To: Reeses
If Obamacare is struck down Romneycare is also finished. It also has a mandate for the left side of the bell curve to loot the right side so medical care is equally poor for all. This election is between a zero-accomplishment one-term half-assed black vs. a zero-accomplishment one-term half-assed Mormon.

No. Romneycare is an exercise of the state police power which is almost unlimited. The federal government, however, does not have a general police power and has to justify Obamacare under the enumerated powers of the U.S. Constitution.

18 posted on 03/29/2012 3:58:25 AM PDT by FateAmenableToChange
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To: Sub-Driver

Breyer is interesting, in that he highlights the differences between Clinton and Zero.

Breyer is a Stalinist, in many ways he’s the worst of the bunch. But he’s well-cloaked. Clinton (or, more likely, the Clintons) knew to pick him out of a crowd because he concealed well. Breyer would never be seen having dinner with Sibelius while hearing this case.

Look at the contrast with Kagan and the wise Latina. Zero has no ability to cover his tracks.

Hopefully, it will cost him.


19 posted on 03/29/2012 4:03:24 AM PDT by Jim Noble ("The Germans: At your feet, or at your throat" - Winston Churchill)
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To: Sub-Driver
So what Breyer is saying is the United States is a totalitarian dictatorship, if Congress wants it to be.

I refuse to submit to Congress, but can't fight a revolution alone. We need a rallying point.

In the end, the Revolution was about free men deciding they were free men, and not submitting to those who said otherwise. Those same free men gave us the Constitution, which was supposed to keep us free from such thinking as Breyer’s.

Personally, I think we lost our freedom some time ago, and continue to, as we are simply submitting to the tyranny daily. It's been the slow boiling of a frog theory right before our eyes. I flew across country two weeks ago, and watched how we all smartly got in line to be violated by government agents in order to fly on an airplane. It was like watching herded cattle.

Obamacare will win. Breyer’s thinking is not an exception on the US Supreme Court. Congress can do as it pleases.

20 posted on 03/29/2012 4:09:12 AM PDT by Alas Babylon!
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To: SECURE AMERICA

He’s been up there tooooo long, sounding like nancy p


21 posted on 03/29/2012 4:14:27 AM PDT by reefdiver ("Let His day's be few And another takes His office")
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To: Reeses
...This election is between a zero-accomplishment one-term half-assed black vs. a zero-accomplishment one-term half-assed Mormon.

I'll be damned if you haven't summed it up perfectly.
22 posted on 03/29/2012 4:18:36 AM PDT by mkjessup (0bama squats to pee.)
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To: Sub-Driver

King George made the same mistake about trying to force American Commerce......


23 posted on 03/29/2012 4:23:04 AM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: Sub-Driver

Seems Breyer should not be wearing judicial robes during this argument. Rather he should be wearing his cheerleader skirt and his swaeater with the big O and waving his pom poms.


24 posted on 03/29/2012 4:24:19 AM PDT by chuckee
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To: chuckee

what a pansya$$ he is!!

And watch...all the liberal “waronwomen” crowd is going to paint this as the good ‘ole boys vs. the wise latina .

Breyer will be their hero...the only guy who “gets it” sniff sniff!


25 posted on 03/29/2012 4:26:39 AM PDT by Scotswife
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To: SECURE AMERICA

“Is Breyer senile?”

No. Just a run of the mill left wing Socialist.


26 posted on 03/29/2012 4:28:11 AM PDT by AlphaOneAlpha
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To: Sub-Driver

This is a look into the mind of a GODless, communist, black robed terrorist.

LLS


27 posted on 03/29/2012 4:32:47 AM PDT by LibLieSlayer (WOLVERINES!)
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To: Scotswife

“And watch...all the liberal “waronwomen” crowd is going to paint this as the good ‘ole boys vs. the wise latina .

Breyer will be their hero...the only guy who “gets it” sniff sniff!”

Yup, Sandra Fluke would have attended the oral arguments but she is too busy dumpster diving for trojans right now.Poor thing.


28 posted on 03/29/2012 4:33:42 AM PDT by chuckee
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To: Sub-Driver

Breyer is a parody of the eccentric Supreme Court appointee. He is always incomprehensible, but the leftward trend of his decisions is easily understood.


29 posted on 03/29/2012 4:40:10 AM PDT by Havisham
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To: Notwithstanding

There are some good ones, granted....but the overwhelming majority of members of Congress are lawyers.

I rest my case.


30 posted on 03/29/2012 4:41:32 AM PDT by RightOnline (I am Andrew Breitbart!)
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To: RightOnline

Several years ago Breyer told a captive audience of Law School students that is No way we can determine what the intent of the Founders was when they wrote and ratified the
Constitution and Bill of Rights. He said his learned partners on the Bench were wrong to assume that history or anything else teaches us anything about how these men would decide a thing today.(I’ve got something published by Dr. D.James Kennedy that points directly to that talk-in my stuff)


31 posted on 03/29/2012 4:43:24 AM PDT by StonyBurk (ring)
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To: Reeses
If Obamacare is struck down Romneycare is also finished.

Not so fast. Romneycare is a state issue. Obamacare is a federal issue - two totaly diifferent animals.

32 posted on 03/29/2012 4:45:35 AM PDT by Go Gordon (President Poverty - President Downgrade - President Food Stamp - President Pantywaist - B. H. Obama)
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To: chuckee
Yup, Sandra Fluke would have attended the oral arguments but she is too busy dumpster diving for trojans right now.Poor thing.

OK. That's another keyboard shot to heck! :-)

33 posted on 03/29/2012 4:46:52 AM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: R. Scott

Thats coming for sure.

Commerce clause, of course...

And if zerocare stands, they will simply withold care because you didn’t eat your broccoli, citizen.

Be Well!

/sarc. I can almost see the “public health” posters....


34 posted on 03/29/2012 4:48:51 AM PDT by Adder (Da bro has GOT to go!)
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To: SECURE AMERICA

Senile?

Well...the article said he worked on a committee w/ Ted Kennedy and was appointed by Carter.

How do you tell the difference between senile and dumba$$ liberal?
I’m not sure.


35 posted on 03/29/2012 4:54:19 AM PDT by Scotswife
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To: chuckee

ahhh yes....I just wish it was like it was “before” you know? Before evil republicans set women’s rights back 500 years....or something.


36 posted on 03/29/2012 5:05:08 AM PDT by Scotswife
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To: Sub-Driver

Breyer is illustrating that he is not that bright. He’s just another theorist like Wilson who worships at the altar of big government because it has been his means of moving up the ranks.

That’s the attraction of the Left for most Democrats I know. You don’t have to be conversant in facts and data or articulate a coherent argument. Just espouse the accepted ideology in school, mediator, Hollywood or government and grades, perks and positions will be yours. This case proves that point. Look at the performance of the Solicitor General, the liberal justices and the Dems who passed this bill. These people are supposed to be some of the smartest in the land, but they are seriously incompetent. Ditto the Attorney General.


37 posted on 03/29/2012 5:06:24 AM PDT by Belle22
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To: Sub-Driver

Breyer is illustrating that he is not that bright. He’s just another theorist like Wilson who worships at the altar of big government because it has been his means of moving up the ranks.

That’s the attraction of the Left for most Democrats I know. You don’t have to be conversant in facts and data or articulate a coherent argument. Just espouse the accepted ideology in school, media, Hollywood or government and grades, perks and positions will be yours. This case proves that point. Look at the performance of the Solicitor General, the liberal justices and the Dems who passed this bill. These people are supposed to be some of the smartest in the land, but they are seriously incompetent. Ditto the Attorney General.


38 posted on 03/29/2012 5:07:14 AM PDT by Belle22
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To: Go Gordon; Reeses
Not so fast. Romneycare is a state issue. Obamacare is a federal issue - two totally different animals.

And if Romney is the candidate, that is the ONLY way he separates himself from Obama on the issue; by educating the unwashed masses on the 10th Amendment. I'll be honest, I don't think he, his crew, or the GOP establishment are up to it.

39 posted on 03/29/2012 5:08:50 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: Turbo Pig
And if Romney is the candidate, that is the ONLY way he separates himself from Obama on the issue; by educating the unwashed masses on the 10th Amendment. I'll be honest, I don't think he, his crew, or the GOP establishment are up to it.

I agree. However, it will be interesting to see how Obama uses or doesn't use the results that Romneycare has wrought. Pick a metric: Longer wait for services? higher premiums? Only a net add of 5% more people covered? Costs to the state going out the a$$?

If Obama brings out all the negative results, the inference of most intelligent people will be: Well, why would Obama, if he knew the results of this type of health insurance system, why would he want the entire country to suffer the same fate?

40 posted on 03/29/2012 5:14:03 AM PDT by Go Gordon (President Poverty - President Downgrade - President Food Stamp - President Pantywaist - B. H. Obama)
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To: Alas Babylon!

You are exactly right. I posted this in another thread:

This situation is like a small drip in the basement. You let it go and soon the basement is flooded. This is our government. It is flooded with bad law and it is time to return to the original intent of the creation of this country. FREEDOM!!!!! However, it might take an armed conflict to achieve this.....as predicted by the founders.


41 posted on 03/29/2012 5:18:34 AM PDT by New Jersey Realist (America: home of the free because of the brave)
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To: Sub-Driver

When Obamacare gets tossed by the SCOTUS look for those who voted for it to either “retire” or run for cover. Especially if they are up for reelection. Hopefully bye bye Stabenow in Michigan.


42 posted on 03/29/2012 5:25:39 AM PDT by MomwithHope (Buy and read Ameritopia by Mark Levin!)
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To: Reeses

Your argument would carry more weight if it wasn’t burdened with racial and religious bigotry.


43 posted on 03/29/2012 5:27:42 AM PDT by Adams (Fight on!)
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To: RightOnline

By that logic, since a far bigger majority of Congress is male, you and Gloria Steinem can conclude that men are far worse than lawyers.

This passage from Robert Bolt’s Oscar-winning film A MAN FOR ALL SEASONS demonstrates how vital lawyers are as a vanguard for freedom (and as a war vet and a lawyer, I am happy to be part of that vanguard):

Alice More: Arrest him!

More: Why, what has he done?

Margaret More: He’s bad!

More: There is no law against that.

Will Roper: There is! God’s law!

More: Then God can arrest him.

Alice: While you talk, he’s gone!

More: And go he should, if he was the Devil himself, until he broke the law!

Roper: So now you’d give the Devil benefit of law!

More: Yes. What would you do? Cut a great road through the law to get after the Devil?

Roper: I’d cut down every law in England to do that!

More: Oh? And when the last law was down, and the Devil turned ‘round on you, where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast– man’s laws, not God’s– and if you cut them down—and you’re just the man to do it—do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake.

_____________

Shame on those who hate lawyers - those who hate lawyers hate law - and without law there is no chance of freedom and security.


44 posted on 03/29/2012 5:33:04 AM PDT by Notwithstanding (If you are free, thank a lawyer and a vet.)
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To: Notwithstanding

Well gee golly.....I should probably feel ashamed of myself......but instead, I’ll just say get over yourself.

Don’t EVEN get me started on the misery inflicted on society by your profession vs. the “good” it has done. Trust me; you do not want to go there.


45 posted on 03/29/2012 5:42:20 AM PDT by RightOnline (I am Andrew Breitbart!)
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To: RightOnline

This episode has revealed to me the difference between The Constitution and Constitutional law:

The Constitution: A carefully crafted document, written by patriots, who risked their lives, liberty and sacred honor, warning us to be wary of the excesses of government.

Constitutional law: The 230+ year history of self-important nitwits with personal agendas telling us that the plain language of the Constitution means something else entirely.


46 posted on 03/29/2012 5:47:37 AM PDT by pingman (Durn tootin'; I like Glock shootin'!)
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To: Adams
Your argument would carry more weight if it wasn’t burdened with racial and religious bigotry.

What a person sees has more to do with what's behind their eyeballs rather than in front. What do you see in the picture below? Should you also have this post deleted?


47 posted on 03/29/2012 5:53:14 AM PDT by Reeses
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To: RightOnline

Conservatives are champions of the RULE OF LAW, for which lawyers and courts are essential.

If the people elect legislatures that pass bad laws and fund corrupt court systems, then shame on both the people and the legislatures.

The people are not electing legislators who will impeach bad judges or institute tort reform, etc.

You could blame the people who have to work within the laws that are enacted, or you can blame those who enact (the laws and those who elect those legislators).


48 posted on 03/29/2012 6:41:37 AM PDT by Notwithstanding (If you are free, thank a lawyer and a vet.)
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To: Sub-Driver

After we are forced to buy Obamacare, the next thing we will be forced to buy will be Government Motor’s Volt. From there, we will be required to only eat what the first bitch orders us to....and buy it from government owned grocery stores.


49 posted on 03/29/2012 6:48:59 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: Go Gordon
If Obama brings out all the negative results, the inference of most intelligent people will be

That won't happen. The Dems tack will be to point at the Repubs and say "see we did what we could, but they took it all away". They have already started. obama's deputy campaign manager, just last night basically laid it out as keep obamacare, of follow the Repub plan that say "so sorry, you die."

Romney won't bring it up, unless forced to, because of the exact reasons you stated...MassCare is a disaster, and everyone knows it.

Repealed or not, this is a win for the Dems, because it has created bureaucracy that will not go away, even if obamacare does. The ultimate goal of all this is control, through the transport of single payer, government run healthcare

Just my take on it.

50 posted on 03/29/2012 7:01:23 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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