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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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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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