| Author |
Topic:
What will the SCOTUS do with Obamacare [Locked] |
Tych2  Title: Obama Appointed Outpost Czar
Posts: 2,511
Registered: 2005-3-1 06:56:47
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
Are they going to strike it down or not?
-----signature-----
We have enough youth. What we need is a fountain of smart.
Drill Anwar!
Kapie
Drevid in Tanks
|
|
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
Ashmaele posted:
Vydor posted:
I don't really know what "gut" it means, I think the only significant thing that will happen is the mandate will be over turned, but that will be a major problem for the bill.
Yeah I think 'gut it' really means 'rules individual mandate unconstitutional' because that would have the effect of 'gutting it.' I don't think anyone could reasonably argue that the mandate on insurers to cover pre existing conditions could possibly hold if the individual mandate is not upheld, otherwise people would just wait until they get sick to get insurance and the system would collapse.
-----signature-----
I radiate more heat than light.
I know what you're trying to do but you're just sailing another failboat over the falls. - imaloon1
|
cabbyman  Posts: 441
Registered: 2003-1-6 07:48:53
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
Drudge is making it sound like it's getting raped under examination.
-----signature-----
“No man’s life, liberty, or property are safe while the Legislature is in session.â€
"Life's tough. It's tougher if you're stupid." -- John Wayne
“If there must be trouble, let it be in my day, that my child may have peace†- Thomas Paine
|
-Espiritu- Posts: 269
Registered: 2004-11-29 18:27:00
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
Quote:
over and over again, they and the other conservatives asked for a limiting principle – a reason to think approving the mandate woudn’t lead to unlimited federal power.
I think it is still too close to call right now, but this point is very important. The Obamacare team has been unsuccessful thus far to illustrate a limiting principle in this legislation. There are no limitations in the current bill, and we've already seen that its passage will allow the Federal Government to make sweeping rules/laws changes in many different areas of our lives.
-----signature-----
Espiritu - SWTOR (retired)
Espiritu (MajorMUD, UO, DAoC, SB, FFXI, WoW, WAR, Travian, SC2, SWTOR)
|
Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
|
Obamacare will be fine. They're just trying to figure out how to word the opinion so it makes it sound like they arn't saying anything at all goes.
|
Ashmaele Title: Pastor of Muppets
Posts: 1,809
Registered: 2002-1-15 08:30:50
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
I would like to make a prop bet: Mandate gets stricken down 5-4 or upheld 6-3. I lose all other outcomes. Any takers?
BTW: "Unconstitutional" now up to 51% on Intrade (was as low as 30% yesterday), still climbing.
-----signature-----
I had a dream. It was an incredible dream. When I awoke, I had a huge mess to clean up.
 |
Vydor  Posts: 248
Registered: 2001-12-24 21:14:09
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
Wow, reading the transcript, Scalia is down right hostile. I've been watching what Kennedy's tone is and it doesn't look too friendly to the administrations position.
http://www.politico.com/news/stories/0312/74537.html
-----signature-----
Never ascribe to malice, that which can be explained by incompetence.
|
Ashmaele Title: Pastor of Muppets
Posts: 1,809
Registered: 2002-1-15 08:30:50
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
I enjoy paying for Scalia's health insurance with my tax dollars 
-----signature-----
I had a dream. It was an incredible dream. When I awoke, I had a huge mess to clean up.
|
Groucho48  Posts: 821
Registered: 2003-10-22 03:00:14
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
Yeah, it didn't seem to go too well. Vermicelli wasn't able to handle some questions he must have known would be coming. But, there were some positive signs as well...
Quote:
“Yesterday the Chief Justice said that it doesn’t make much sense to say that the mandate is separate from the penalty or the tax,†Dellinger said. “He seemed yesterday to have accepted the government’s argument that there’s a real choice here. If you don’t want to have health insurance that you can pay the tax penalty.â€
That could have broad legal implications. On Monday, in response to questioning from Justice Elena Kagan, Verrilli noted that under the law, a person who chooses to pay the tax penalty rather than comply with the mandate will not be considered in violation of the law. So it’s a choice — not a unilateral command. If even one of the conservative justices agrees, he could vote to uphold the law on unexpected grounds.
“Once the government has said that the mandate is not an independent requirement, it merely provides a choice of paying the tax or having insurance, and given the fact that the Chief Justice yesterday recognized that, it is quite possible that you could have four votes to uphold this under the Commerce power and two votes to uphold it under the taxing power,†Dellinger said.
A tax penalty for not having health insurance isn't really any different than having a tax penalty for not owning a house.
-----signature-----
“Science is like sex: sometimes something useful comes out, but that is not the reason we are doing it.†– Richard Feynman
|
Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
|
Date Posted:
1/1/00 12:00am
Subject:
What will the SCOTUS do with Obamacare |
|
Scalia is being hostile because he doesn't like the gubmint's arguments. He wants them to give him some good excuse to vote to uphold it that he can latch onto as a lifeline so he doesn't get a lot of rage from RWNs. The gubmint lawyer was not giving him what he wanted to hear so he was getting annoyed.
|
|
