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SCOTUS Will Likely Strike Down The Obamacare Mandate 9-0, Says This Article
Seeking Alpha ^ | June 24, 2012 | Zvi Bar-Kochba, Esq.

Posted on 06/26/2012 8:28:01 AM PDT by doubledeuceswayze

I believe the mandate at the core of the proposed laws, requiring Americans to purchase health insurance or suffer a penalty shall be struck down. Additionally, I believe that it is possible that the Supreme Court vote against the mandate will be unanimous.

The mandate at the center of this current scheme is its Achilles heel, and this mandate is particularly peculiar in that the concept should be contrary to both strict textualist and progressive liberal ideologies. In essence, requiring a person to buy a service from another person or a private corporation without having first actively chosen to engage in some risky activity, and that the failure to do so would be in violation of a law, is a concept few if any Supreme Court Justices are likely to support.

The article is here

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


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: bhohealthcare; blogpimp; blogwhore; lawsuit; noob; scotus
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An article that expects the liberals to oppose the mandate as fascism and the vote to be unanimous...The article is here
1 posted on 06/26/2012 8:28:07 AM PDT by doubledeuceswayze
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To: doubledeuceswayze

9-0?! I have my doubts. Kagan and Sont are evil Marxists working directly for the kenyan. Is this to throw us off the trail?


2 posted on 06/26/2012 8:30:38 AM PDT by albie
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To: doubledeuceswayze

Not good enough. The entire bill should be struck down.


3 posted on 06/26/2012 8:31:36 AM PDT by Logical me
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To: doubledeuceswayze

Ginsberg has said they were sharply divided.


4 posted on 06/26/2012 8:31:55 AM PDT by KansasGirl
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To: doubledeuceswayze

Remember too, that the severability clause was REMOVED from the final law, and therefore if the mandate goes down, so should the entire horrid piece of legislation.

Let’s see if the SCOTUS really does their job.


5 posted on 06/26/2012 8:32:14 AM PDT by EagleUSA
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To: doubledeuceswayze

Fantasyland.


6 posted on 06/26/2012 8:33:02 AM PDT by SoFloFreeper
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To: doubledeuceswayze

Sorry, but this is wishful thinking of the worst kind. There’s a greater likelihood that SCOTUS would uphold the mandate than vote against it unanimously. Besides, all the people who know these things say that Ginsberg wrote the dissent. If there’s a dissent, it isn’t unanimous.


7 posted on 06/26/2012 8:35:12 AM PDT by DesScorp
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To: albie
Kagan and Sotomayer do NOT work for Obama. It's why it's a lifetime job. They don't worry about their next job.

I agree and said it way before this...It will be a 9-0 strike out.

8 posted on 06/26/2012 8:35:12 AM PDT by Sacajaweau
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To: doubledeuceswayze

The individual mandate was inserted into law in order to have a ghost of a chance to fund the great beast that is O’Care.

Without the mandate, the beast becomes a massive contributor to national debt year after year. It must either be killed, or it will kill us all.


9 posted on 06/26/2012 8:35:12 AM PDT by lurk
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To: KansasGirl

Ginsberg has said they were sharply divided....

:::::::::::::

Just pray this commie witch does not “pass away” until after Obama is gone from the White House. God help us.


10 posted on 06/26/2012 8:35:27 AM PDT by EagleUSA
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To: SoFloFreeper

Obamacare is not going anywhere ,it will stick around like those burps from a forced meal of kippers


11 posted on 06/26/2012 8:35:59 AM PDT by molson209
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To: doubledeuceswayze

I also think the mandate will be struck down 9-0, but the rest of Obamacare will stand or fall by a 5-4 vote.


12 posted on 06/26/2012 8:36:58 AM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
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To: doubledeuceswayze
ARE YOU SERIOUS? I mean are you serious?

Nancy P former Speaker of the House, who has told us that she is a constitutional scholar (just like our Dear Leader) has said that Congress can pass this law and there is no problem with it.

She couldn't be wrong about such things. I mean she told us she knew what she was doing and that Congress needed to pass the law for them and us to find out what was in it. Surely the leaders of the Democratic Party and their flacks knew what they were doing.

If they didn't then....what else might they have not gotten right.....

(/sarcasm)

A 9-0 unanimous vote would be make it interesting for the Dem leadership to explain. I doubt that they could spin this as George Bush appointed Neo-con judges destroying the will of the people, like they were planning.

13 posted on 06/26/2012 8:38:07 AM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: albie

All leftwingtards of all kinds PREFER fascist methods.


14 posted on 06/26/2012 8:39:19 AM PDT by muawiyah
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To: doubledeuceswayze

From their keyboard to God’s ears.


15 posted on 06/26/2012 8:39:28 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: DesScorp

…not necessarily.

The decision to allow the AZ police to check the immigration status of anyone who comes in contact with the law, was unanimous. The rest of the law recieved different levels of dissent. Scalia, supported letting the whole law stand.


16 posted on 06/26/2012 8:40:28 AM PDT by Eva
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To: doubledeuceswayze

For almost 80 years we have been saddled with the failed Keynesian Economic System. It has bankrupted the US Federal Government.

The derivatives of the WW2 Wage and Price Control Dictates are as follows: Medicare, Medicaid, Romney”care” and Obama”care.”

All of these vote-buying gimmicks are funded by debt created by the failed Keynesian Economic System.

Currently this Debt is charged to those who cannot vote: our Grandchildren’s future descendants.

There will be additional calls for State Constitutional Conventions if the Republicans try to preserve or retain ANY of Obama or Romney”care.”

Obama”care” is the Death Knell for America. It must be ABOLISHED FOREVER if America is to survive.

If Obama”care” does survive, then I favor Regional Areas of the former United States of America. I think the States that the XL Pipeline will run through makes excellent sense for one Region, called The Texas Region. The Mississippi Region would be those States that the Mississippi River runs through. Pacific and Atlantic Regions are obvious, as are the Rocky Mountain States.

In this way people could vote with their feet and move to a greater or lesser degree of personal Liberty.

The Great Experiment of forcing the United States of America back into the European Feudal System began with FDR’s Social Security System and will end with Obama”care.”

No need for armed conflict, as we have already tried that with our bloody Civil War.

Just hold State Constitutional Conventions, split up the former USA into multi State Regions, and hold Fourth of July “Remember When Days” once a year, as we thank our lucky Stars that we in NO WAY are like Europe.


17 posted on 06/26/2012 8:40:45 AM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Sacajaweau

Although unlikely they can be impeached.


18 posted on 06/26/2012 8:44:51 AM PDT by boomop1 (term limits will only save this country.)
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To: EagleUSA

If SCOTUS upholds 0bamacare but strikes the Mandate they are WRITING LAW not ruling on the law because they’ll be adding a severability clause. Anything other than a total strike down is unacceptable because the Mandate is absolutely unconstitutional.


19 posted on 06/26/2012 8:46:07 AM PDT by GeorgeWashingtonsGhost
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To: EagleUSA
A rare photo of Ginsberg without her makeup:

20 posted on 06/26/2012 8:47:16 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: doubledeuceswayze

Outstanding article. Well-written and boldly argued. Let’s hope it happens!


21 posted on 06/26/2012 8:47:51 AM PDT by montag813 (Stop the Obama Amnesty. www.StandWithArizona.com)
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To: DesScorp

Ginsberg said ‘people who talk don’t know’. She talked so she doesn’t know!


22 posted on 06/26/2012 8:48:20 AM PDT by GeorgeWashingtonsGhost
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To: doubledeuceswayze

I say again since it bears repeating that there actually is need for medical reform in this country... it’s just that the reforms we actually need, starting with major kinds of tort reform, do not resemble obungacare at all. The four or five things we need are things which TR called “Trust Busting”, and would be simple and inexpensive to implement.


23 posted on 06/26/2012 8:48:40 AM PDT by varmintman
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To: Sacajaweau
Ginsberg, Kagan, and Breyer are lockstep fellow travelers with 0bama. Sotomayor, a fellow traveler just somewhat out of step occasionally. Roberts is a closet Statist.

It's tough to predict.

Based on the baby splitting of the AZ case, there's going to be all sorts of paper flying out on Thursday.

24 posted on 06/26/2012 8:48:56 AM PDT by Paladin2
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To: doubledeuceswayze

Nice try nOOb.

Excerpting your own article?

IBTZ


25 posted on 06/26/2012 8:50:45 AM PDT by Vendome (Don't take life so seriously, you won't live thnrough it anyway)
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To: doubledeuceswayze

LOL. I’m not even sure Kennedy will vote to strike down the mandate. His judicial philosophy is psycho-social neo Kennedyism.


26 posted on 06/26/2012 8:52:39 AM PDT by jwalsh07 (.)
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To: Vendome
Nice try nOOb. Excerpting your own article? IBTZ

Go easy on him. It's a good piece. Sometimes it takes noobs time to learn the ropes. I've been there (14 years ago, anyway, LOL).

27 posted on 06/26/2012 8:52:57 AM PDT by montag813 (Stop the Obama Amnesty. www.StandWithArizona.com)
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To: Sacajaweau
Kagan and Sotomayer do NOT work for Obama.

The logic may apply to Sotomayer, but I think Kagan and Ginsberg are in bed together.

28 posted on 06/26/2012 8:53:07 AM PDT by CharacterCounts (A vote for the lesser of two evils only insures the triumph of evil.)
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To: albie
9-0?! I have my doubts. Kagan and Sont are evil Marxists working directly for the kenyan. Is this to throw us off the trail?

It surely is, as the author's pseudonym implies (and if it isn't, you should be very wary of what he says). He advocates Federal "regulation" of healthcare, which IS fascist and still unconstitutional.

Anybody who would take that name as a pseudonym is somebody you should scrutinize very carefully. Shimon bar Kochba claimed to be Messiah. He started a revolt against the Romans that that forced Israel into exile for nearly 2000 years and cost over 150,000 Jews their lives. In fact, it was the refusal of Jewish Christians to join in that revolt that deepened the already broken bonds between those two groups first shattered in the rebellion that cost Israel the Temple in 70CE. Shabbatai Zevi (or Tsvi if you like) was ANOTHER claimant to Messiah (the last... so far), who was gathering over a million Jews to retake the Holy Land back in the late 1600s. He was nabbed by the sultan in Istanbul and "converted" to Islam at the point of a sword. The young Turks who foisted the Armenian genocide were his direct ideological descendants (as was Kemal Ataturk BTW).

29 posted on 06/26/2012 8:53:50 AM PDT by Carry_Okie (The Slave Party: advancing indenture since 1787.)
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To: CharacterCounts

“...but I think Kagan and Ginsberg are in bed together.”

Now, that is one ugly thought. :p


30 posted on 06/26/2012 8:58:33 AM PDT by ataDude (Its like 1933, mixed with the Carter 70s, plus the books 1984 and Animal Farm, all at the same time.)
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To: CharacterCounts
but I think Kagan and Ginsberg are in bed together.

That is one butt ugly mental picture right there.

31 posted on 06/26/2012 8:58:44 AM PDT by Lurker (Violence is rarely the answer. But when it is, it is the only answer.)
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To: EagleUSA
Let’s see if the SCOTUS really does their job.

Scotus showed yesterday they are not prepared to do their job. They piece-mealed the Arizona decision so they could give a little to everyone. They are using a purely political template. Why say this? Because there is no sane judge who'd read the Constitution to say that a state law cannot be enacted because it violates a president's decision to implement it.

IOW, if it had been a conservative president unconcerned with his direction being mirrored by a state law, then that Az law would have been constitutional. The ruling yesterday was that it's unconstitutional to violate a chief executive's whim. That's insane....as Scalia said, it's "mind-boggling".

What does this mean? It means they'll put a political template on the ObamaCare decision and give everyone a little bit of what they want. (And they'll turn a blind eye to any whim on the part of the president to fund it via executive redistribution of funds.)

32 posted on 06/26/2012 9:00:15 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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To: doubledeuceswayze

5-4 will be fine with me.


33 posted on 06/26/2012 9:02:58 AM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: doubledeuceswayze

My bigger fear is the SCOTUS will only strike a portion of it and leave some remnant of that monstrosity enforceable on the books.


34 posted on 06/26/2012 9:05:13 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: so_real
My bigger fear is the SCOTUS will only strike a portion of it and leave some remnant of that monstrosity enforceable on the books.

They will most likely leave the 26-year old "kid" and pre-existing condition requirement on the books, which will add to the misery to insurers that this author details.

35 posted on 06/26/2012 9:06:54 AM PDT by montag813
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To: doubledeuceswayze

36 posted on 06/26/2012 9:06:57 AM PDT by E Rocc (November 2, 2010: The beginning of the end of the kleptocracy.)
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To: DesScorp

If Ginsberg is writing the dissent and Roberts the majority opinion,if that’s true, then we can be confident that the individual mandate, at the very least, is toast. Do you have a source on this (Ginsberg writing for the minority)?


37 posted on 06/26/2012 9:11:54 AM PDT by fire and forget
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To: doubledeuceswayze
It will NOT be unanimous.


38 posted on 06/26/2012 9:12:14 AM PDT by C210N ("ask not what the candidate can do for you, ask what you can do for the candidate" (Breitbart, 2012))
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To: doubledeuceswayze

39 posted on 06/26/2012 9:14:22 AM PDT by tumblindice (Sic Semper Tyrannis)
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To: E Rocc
He doesn't need to pimp Seeking Alpha, already a huge traffic site, and not left-wing like Democrat felon Henry Blodget's Business Insider.
40 posted on 06/26/2012 9:15:19 AM PDT by montag813
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To: xzins

My prediction is

Mandate down 6-3 w Sotomayor joining majority

Rest stays 5-4 w Kennedy joining gins, kagam breyer, and soto


41 posted on 06/26/2012 9:16:17 AM PDT by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
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To: doubledeuceswayze

LOL. Kagan was an architect of the plan. So the article requires she have been thinking: “I’ll design a fascist plan with an individual mandate.”

I don’t know. But that seems like a less likely scenaraio than “Whoppee! We finally have total control over life and death. It sure took a long time for us to get those dolts in flyover country out of the way. But all’s well that ends well. We know what’s best for them and in the end, they will thank us for being so wise and generous.”

Even when they are objectively evil, most progressives don’t think of themselves as evil.


42 posted on 06/26/2012 9:17:25 AM PDT by ModelBreaker
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To: doubledeuceswayze
RATs in the comments are not pleased with this guy's description of the mandate as "fascist". I like this response:

I think you do not understand what life, liberty and the pursuit of happiness means. But even if it meant what you are saying it means, or think it should mean, wouldn't you agree that there are many ways to improve life beyond medicine, including food, shelter, clothing, plumbing, electricity, and so on.

In fact, each of those things is probably more important to your survival. So, wouldn't it make sense to be guaranteeing people things like clothing, food and electricity too, and probably even before the right to medical procedures and such?

Equal access to care has nothing to do with insurance. You are injecting this need to insure into a care scenario where you think it should be nationalized. If it is nationalized, insurance companies must be either phased out or primarily paid for from the federal government. The government cannot guarantee equal access through forced purchasing of insurance. The only constitutional way the government could do it is though a system where it is paid for through tax revenues.

43 posted on 06/26/2012 9:19:42 AM PDT by montag813
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To: EagleUSA
Let’s see if the SCOTUS really does their job.

Given that every citizen apparently lacks standing to challenge Obama on eligibility, I don't think I'll hold my breath.

44 posted on 06/26/2012 9:21:26 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: GlockThe Vote; P-Marlowe

I now agree with you. I thought last week that the whole thing would go down 5-4 on both mandate and severability.

Now that Roberts has shown himself not to be a constructionist, it’s anyone’s guess. Who knows what Kennedy’s philosophy is????

I think both he and Roberts have shown themselves to be “politicists” in their interpretation.


45 posted on 06/26/2012 9:22:26 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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To: GlockThe Vote

The WORST outcome would be to strike down the individual mandate but allow the rest. Individuals would be able to “not buy insurance until they needed it (got sick).” Insurance costs would multiply exponentially, and employers would be forced to stop providing insurance, or go broke themselves.

Since insurance companies would not be allowed to turn these sick people away (pre-existing conditions), the companies would quickly go bankrupt.

With no health insurance companies, and no HMO’s, only the very rich would be able to afford healthcare.

The result would be TOTAL CHAOS chaos for US healthcare. The only remedy would then be total government takeover, massive tax hikes, and ultimately, national economic ruin.

I’m confident that the court realizes this and will strike down the whole thing as unconstitutional.

Then we can implement some common sense incremental healthcare and insurance improvements, such as portability and tort reform.


46 posted on 06/26/2012 9:22:50 AM PDT by privatedrive
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To: CharacterCounts
I think Kagan and Ginsberg are in bed together.

A terrifying picture....

47 posted on 06/26/2012 9:23:25 AM PDT by nascarnation
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To: xzins

“...Scotus showed yesterday they are not prepared to do their job. They piece-mealed the Arizona decision so they could give a little to everyone...”

:::::::::::::::::::

And now look at what Obama, et al, are doing to Arizona as a state. What has happened to justice and accountability in the US government? Where is the Congress on Obama? This reprobate is out of control. This is serious!


48 posted on 06/26/2012 9:26:32 AM PDT by EagleUSA
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To: doubledeuceswayze

9-0? No way. If it’s struck down, it will be a party-line vote.


49 posted on 06/26/2012 9:26:45 AM PDT by chessplayer
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To: Logical me

Post #3

Without the mandate the bill is unfunded ,,,, stick a fork in it .


50 posted on 06/26/2012 9:31:24 AM PDT by Lionheartusa1 (-: Socialism is the equal distribution of misery :-)
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