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.
(Excerpt) Read more at seekingalpha.com ...
You got that right. I predict (based on the socialist/statist nature of SCOTUS) that it will be 6-3 to uphold the entire 0dumb0care or possibly the SCOTUS will just take a cowardly approach and kick the can down the road by sending it 8-1 back to some appeals court. The 1 dissenter would be Scalia.
Post #50:
Constitutionally, the SC does not make decisions on the basis of whether or not something is funded. If SC declares the mandate unconstitutional, but leaves the rest, it will be up to Congress to get rid of the other parts.
I fear we are all screwed.
Post #50:
Constitutionally, the SC does not make decisions on the basis of whether or not something is funded. If SC declares the mandate unconstitutional, but leaves the rest, it will be up to Congress to get rid of the other parts.
I fear we are all screwed.
How about $500 bucks you are wrong.
We can have another FReeper hold our money.
Keynes turned out to be right.
He said: “In the long run, we are all dead.”
And now that the long run has arrived, we are.
I could see True Believer libs like Ruth Buzzi...er, Bader Ginsberg voting nay. They would never approve of a law forcing you to support Big Eeeeeeeevil Capitalist Insurance Companies. They are Single Payer fans to the core.
Kagan and the Wise Latina though will do Barry’s bidding.
Kagan pushed for this health care package. There is no way she is going to vote it down. So that makes it at least 8-1.
If this happens, DU will be on suicide watch. Have your popcorn ready.
Well put, and Agree. Although if at all possible id like to retain the ability to deport liberals in our State to their communist block states.
If leftism is a result of a genetic defect than it can be breeded out, if however it is an acedent of development then we must be prepared for future liberals to be born among our population and therefore have a mechanics to peacefully rid ourselves of this dangerous ideological contaminate.
What better way to do that then to ship them off to live with their own kind?
I’d even let those that learn to respect liberty from such an experience stay, and gladly import those patriots born in their territory to live in freedom with us.
Federalism can have a great uses so long as it is kept in a very small box of authority. NEVER of any domestic athoirty always concerning only that which could take place outside of member states.
So logicaly the best way for this to happen is for us to call a convention, propose a new constitution and let the liberal States agree to respect or reject the terms we consent to for continued union.
If they reject that union, then with the existing union dissolved by the rejection, we will then work out our various confederations among ourselves. Leaving open if possible the door for them to reconsister.
The bottom line is our offer is simple: Theses are the rights we consent to ceding in exchange for the benefit of union and said services. Take the deal and respect our remaining rights or leave us AND our liberty in peace.
Former DNC Chairman Howard Dean said at a Townhall meeting: “The reason that tort reform is not in the bill is because the people who wrote it did not want to take on the trial lawyers. . . . And that is the plain and simple truth.”
The simple truth is that trial lawyers wrote the bill along with labor unions, health insurers and pharmaceutical makers. The end product is a Rube Goldberg contraption that will collapse under its own weight and drag the economy down with it. As you say, the beginning of a solution is incremental legislation on tort reform, removing state barriers to the health insurance market, health care savings accounts, etc.
The SCOTUCS is a political machine. They want to be invited to the “good” parties, and like the junkets as much as anyone. Ruling against the Elite on health care will end that.
It's not that simple.
I don’t care who ya are - thats funny riot ther!
A government junket to the Bahamas? No reason for the Scotus to need more than a good library, which D.C. already has.
I wonder how they’d justify a junket. “Observe tribal justice systems of aboriginal peoples.”
LOL!
I have a much bolder prediction: Obamacare will be upheld, 14 - 5.
The mandate was the funding mechanism ,,, without forcing people to buy the H/C plan there is no funding . It’s true Congress can defund programs to kill a program when they want to but 0bamacare will starve it’s self from no funding without the mandate in tact and will need no help from Congress . The program will colapse now unless Congress decides to fund it in order to keep it alive . Stick a fork in it if the mandate is struck down .
“...It’s not that simple...”
:::::::::::::::::::
Maybe no. Maybe yes. But recall too that this “legislation” has no limiting factors put in it (deliberately). Even Kennedy (most dangerous vote) recognized as a major problem. In other words, for this crap being upheld, it opens the door for unlimited powers of the Federal government in many ways. A clear and present danger and in direct conflict with the original founding documents which limit government power to protect the people, etc, etc.
There are many reasons to trash this travesty.
And to illegal aliens we haven't given amnesty to yet.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.