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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: EagleUSA

This is like the old company store legislation.

If you worked the mine, you had to buy your supplies from the company store.

The normal living expenses were always more than what you earned so the company rigged life so as to make people virtual slaves.

Reverse the thought. What if they say we can’t sever it out therefore the entire stinkpile has to stay?


81 posted on 06/26/2012 12:54:51 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: fire and forget
"Do you have a source on this (Ginsberg writing for the minority)?

"Ginsburg suggested in a recent speech that she may be writing a dissenting opinion on the Obamacare case


82 posted on 06/26/2012 12:55:55 PM PDT by DesScorp
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To: doubledeuceswayze

The author is delusional in the extreme. The supreme court has been a political institution for quite some time now, contrary to the intention of the founders of this former Republic. Anyone who thinks the court, with its current makeup of ideologues would come down 9-0 on this particular issue needs to be kept away from sharp objects.


83 posted on 06/26/2012 1:11:52 PM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: arthurus; All

” - - - Romney has already said he wants to keep the parts that are good.”

That is why Romney will lose to Obama.

Obama beats Obamalite, every time.

Romney is determined to lose to Obama, he has worked hard for it, he has spent a lot of money doing it, and nothing can stop Romney from losing to Obama.

That is why Romney must be DUMPED in Tampa by Delegate ABSTAIN votes on the First Ballot.

Romney is toxic and Obama is toxic to America.

Obama will kill America with Obama”care,” and Romney will kill America when he “saves” Obama”care.” America dies either way.

BTW, we can’t afford electing either Obama or Obamalite, because they both love debt-disaster Obama”care.”

Obama”care” is not the only issue in the 2012 National Election, it is the only important issue.

Obama”care” is the Death Knell for the United States of America. We have no money!

Defeat Obama”care” by DUMPING Romney in August, and vote against Obama in November.

If both those measures fail, then either Romney or Obama must be IMPEACHED starting on the day of their respective Inaugurations.


84 posted on 06/26/2012 1:39:31 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Graewoulf

Maybe you might cool your jets when you learn that what Romney wanted to keep was the ability to shop across state boundaries for health insurance.


85 posted on 06/26/2012 1:44:21 PM PDT by raccoonnookkeeper (I keep raccoons in a nook!)
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To: Maceman

Not yet, my FRiend, not yet - - -


86 posted on 06/26/2012 1:51:45 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Monorprise

Thanks.

The Grande Experiment to force America back into Feudal European Slavery has failed.

Split, git and sit!

We can all then live in PEACE, in our own Regions, of course!


87 posted on 06/26/2012 1:57:50 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Defiant

The Keynesian Debt created by the failed Keynesian Economic System is charged to our Grandchildren is the Federal Grandchildren Tax, or FGT, to differentiate it from the FIT or Federal Income Tax which only 51 % of us pay.

If Memory serves, Illegal Aliens pay NO FIT, except Obama, of course.


88 posted on 06/26/2012 2:04:15 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: EagleUSA
"Maybe no. Maybe yes."

No "maybe" to it. The justices themselves addressed this during oral arguments. The presence or lack of severability clause does not restrict their decision. They treat it as an indication of the intent of Congress. That's all. They can sever without a severability clause, or knock the whole thing down even if there is one.

89 posted on 06/26/2012 2:32:41 PM PDT by mlo
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To: raccoonnookkeeper

Not a chance. The US Federal Government has gone broke coming up with medical and insurance programs to buy votes for their stupid politicians.

The sooner the US Federal Government gets out of the “Safety Net” Welfare, vote-buying business, the sooner we can begin to live within our means.

You and I have to do that every paycheck, and it is time to hold these damn Federal Politicians accountable to the same standard of Fiscal Responsibility.

Romney is a spendaholic politician with a great smile, great family and great hair, but he is still a Federal Politician, the lowest form of life on God’s Green Earth.


90 posted on 06/26/2012 2:39:35 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Graewoulf

Take one piece of your BS away and you bring up nine more?


91 posted on 06/26/2012 3:05:18 PM PDT by raccoonnookkeeper (I keep raccoons in a nook!)
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To: OneWingedShark
"Another instance is Wickard v. Filburn, a root of much of the evil in our justice system, where the court decided that the interstate commerce clause applied to intrastate commerce because it impacted the overall market. (And that reasoning was again used in Raich, which expanded it to things never put on the market because it was illegal to sell.)"

Well, you could have carried that one step further -- the reason that the Individual Mandate will be declared unconstitutional in two days, is precisely because the majority knows that to not do so would be to grant the Commerce Clause unlimited power, which it most decidedly was not meant to do.

This is the reason Bobo is so chuffed -- now we will have a blue-line limit on the Commerce Clause, and thusly a limit on everything the Left had hoped to ram through that loophole.

92 posted on 06/26/2012 3:46:27 PM PDT by StAnDeliver (=)
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To: StAnDeliver
Well, you could have carried that one step further -- the reason that the Individual Mandate will be declared unconstitutional in two days, is precisely because the majority knows that to not do so would be to grant the Commerce Clause unlimited power, which it most decidedly was not meant to do.

I'm sorry but such a decision would run quite counter to the preceding trend (my point) and there is the altogether disturbing recent case of Kelo wherein the Court allowed imagination to be the justification for using eminent domain... and further corroborated with this recent AZ decision.

From Scalia's dissent:

So the issue is a stark one: Are the sovereign States at the mercy of the federal Executive’s refusal to enforce the Nation’s immigration laws?

A good way of answering that question is to ask: Would the States conceivably have entered into the Union if the Constitution itself contained the Court’s holding? Imagine a provision—perhaps inserted right after Art. I, §8, ci. 4, the Naturalization Clause— which included among the enumerated powers of Congress “To establish Limitations upon Immigration that will be exclusive and that will be enforced only to the extent the President deems appropriate.” The delegates to the Grand Convention would have rushed to the exits from Independence Hall.

[...]

Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are simply unwilling to do so.

Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State. For these reasons, I dissent.

It's so plainly laid out there that one wonders how the opposing side (the majority) could be logically and legally consistent; yet it is now "legal fact" that those very positions have been declared by the court.

93 posted on 06/26/2012 5:19:38 PM 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: EagleUSA
Maybe no. Maybe yes.

You got it wrong, it's "Maybe yes, maybe no"; at least to the song.

Just trying to introduce something a bit enjoyable here; the recent government [in]actions are disturbing and we'd do well to take some breaks from them sometimes... you know, before getting ulcers.

94 posted on 06/26/2012 5:55:01 PM 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: albie

You have your doubts - I’ll say, “NO WAY!” As others are saying, Ginsberg, Sotomayor and Kagan are owned by O......might be 6-3.....but I’ll bet it’s 5-4....

Only question is which way the 5-4 will be......


95 posted on 06/26/2012 5:58:31 PM PDT by Arlis (.)
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To: muawiyah

“All leftwingtards of all kinds PREFER fascist methods.”

Bulls-eye. You read my mind.......


96 posted on 06/26/2012 6:02:28 PM PDT by Arlis (.)
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To: Graewoulf

Illegal aliens don’t make much money, but the ones with fake SSN’s pay some taxes, and their children, who we stupidly make citizens, will pay more, after they go to school at our expense, and after affirmative action ensures that no native born Americans will be able to get in.


97 posted on 06/26/2012 6:04:30 PM PDT by Defiant (If there are infinite parallel universes, why Lord, am I living in the one with Obama as President?)
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To: Graewoulf

You would seem to have been reading my old posts. We are in pretty full agreement. I am less optimistic about being able to change it, I think. Mr. George Soros has a large interest in SCYTL which is the Spanish company that will be counting the votes with no record of the votes beyond the official “count.” Those votes being counted will have been largely cast on voting machines produced and sold by a company owned by a fellow named Pelosi a relative of another fairly well known Pelosi. If they just skew the presidential vote perhaps we are not in quite so deep a hole fif the new Republican Congress would deign to take things in hand. But they may go whole hog and count in a Democrat House and Senate, too. Six months later the detentions would be underway, I think, and FEMA would be the landlord for a lot of tenants.


98 posted on 06/26/2012 7:53:22 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson)
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To: raccoonnookkeeper

Well FRiend, I’ve been saving it up for almost 4 years now, so it only seems like the ratio is nine to one.


99 posted on 06/26/2012 8:17:51 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Graewoulf

Facts is facts. There are enough real reasons to complain about Mitt that it scarcely serves truth to complain where Mitt wants to loosen up regulation in health insurance — not tighten it.


100 posted on 06/26/2012 8:25:45 PM PDT by raccoonnookkeeper (I keep raccoons in a nook!)
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