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Ken Cuccinelli, on second thought, likes Supreme Court health-care decision
The Washington Post ^ | 02:44 PM ET, 06/28/2012 | Laura Vozzella

Posted on 06/28/2012 1:56:33 PM PDT by Hunton Peck

CNN and Fox News aren’t the only ones doing a 180 on the Supreme Court ruling.

Virginia Attorney General Ken Cuccinelli II (R), the first attorney generalin the nation to file a lawsuit over President Obama’s health-care overhaul, said the sky was pretty much falling in a news release issued half an hour after the court upheld the law.

“This is a dark day for the American people, the Constitution, and the rule of law,” Cuccinelli said in the release. “This is a dark day for American liberty.”

By the time he held a news conference an hour and 45 minutes later, Cuccinelli had different take: “It’s mostly sunny.”

The reason? His first impression was based on the basic upshot of the ruling: The court had upheld “Obamacare.” His second was based on a closer look at the ruling, which he found upheld individual liberty and curbed federal power even as it left the law in place.

The court ruled that Americans could be required to secure health insurance, but under Congress’s taxing authority, not under the Constitution’s commerce clause. That means the “individual mandate” has been deemed a tax — a tax Cuccinelli...

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


TOPICS: Constitution/Conservatism; Government; US: Virginia
KEYWORDS: bhohealthcare; commerceclause; cuccinelli; kencuccinelli; lawsuit; liberalmedia; obamacare; ruling; scotus; taxation; wapodistortion; wapolies

1 posted on 06/28/2012 1:56:46 PM PDT by Hunton Peck
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To: Hunton Peck

Why sure he likes it. The whole place is rotting with traitors.


2 posted on 06/28/2012 1:58:39 PM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: Hunton Peck

I’m confused: in what way is a tax - backed up by armed IRS agents - not a “mandate”?


3 posted on 06/28/2012 2:05:02 PM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: WKUHilltopper
The whole place is rotting with traitors.

What whole place?

4 posted on 06/28/2012 2:06:40 PM PDT by xjcsa (Ridiculing the ridiculous since the day I was born.)
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To: dagogo redux

The court never said mandates were unconstitutional, they just said it could not be required under the commerce clause.


5 posted on 06/28/2012 2:08:38 PM PDT by Perdogg
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To: All

I wonder who it was who called him and told him to change his tune.


6 posted on 06/28/2012 2:10:04 PM PDT by Terry Mross ( To all my kin: Do not attempt to contact me as long as you love obama.)
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To: Hunton Peck
which he found upheld individual liberty and curbed federal power even as it left the law in place.

I am more concerned about the ends than the means. If Congress can use the tax system to compel someone to buy something, isn't that a loss of liberty?

7 posted on 06/28/2012 2:12:32 PM PDT by kabar
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To: Hunton Peck
The court also ruled that the government cannot withdraw existing Medicaid funding from states that opt against a big expansion of Medicaid eligibility.

Well, we've now learned that the federal government can punish states in other ways. Witness Arizona.

Imagine down the road Colorado has announced it will opt against Medicaid eligibility expansion. Obama: "Wild fires? Sorry, can't afford to do anything about em - burn baby burn!" Or Louisiana gets hit by another hurricane. Obama: "Sorry! Y'all have got too many Republicans down there. You're on your own!"

8 posted on 06/28/2012 2:20:31 PM PDT by COBOL2Java (FUMR)
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To: xsmommy

Perplexing ping.


9 posted on 06/28/2012 2:20:43 PM PDT by secret garden (Why procrastinate when you can perendinate?)
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To: COBOL2Java

Bingo.

See Texas last years fires. No disaster declaration until it became obvious he drug his feet for political punishment. I saw it first hand.


10 posted on 06/28/2012 2:25:13 PM PDT by Sequoyah101 (You've been screwed by your government.)
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To: Hunton Peck

Huh? If the taxing authority can be used to make you buy or do anything, is this really a difference?


11 posted on 06/28/2012 2:26:31 PM PDT by Truth29
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To: COBOL2Java

Didn’t he already do that by refusing to declare TX a disaster area with the droughts last year?

Obama is nothing but a political low-life punk and foreign enemy combatant occupying our White House.


12 posted on 06/28/2012 2:26:43 PM PDT by butterdezillion
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To: Hunton Peck
The court ruled that Americans could be required to secure health insurance, but under Congress’s taxing authority, not under the Constitution’s commerce clause. That means the “individual mandate” has been deemed a tax

But, given it's a tax, is it a constitutional tax?

It's not a federal income tax, which would be legal under the 16th Amendment. It's also not a federal excise tax, since it's based merely on existing, not on using something or carrying on some activity. Nor, obviously, is it a tariff.

So, it must be a head tax or capitation, which, according to Article I, must be laid "in proportion to the Census or Enumeration herein before directed to be taken." Any lawyers care to elucidate that?

13 posted on 06/28/2012 2:26:56 PM PDT by cynwoody
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To: Hunton Peck

This subtlety is just lost on me. If the government is making me do something that I don’t think it should be allowed to under penalty of some fine, how exactly is it different whether the fee is called a fine, a tax, a dog’s butt, or whatever? I’m freer if I’m being compelled by a penalty with the proper name?


14 posted on 06/28/2012 2:27:26 PM PDT by throwback (The object of opening the mind, is as of opening the mouth, is to shut it again on something solid.)
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To: Sequoyah101

I didn’t see your post. That’s exactly what I was thinking about too. The drought, but the fires too.


15 posted on 06/28/2012 2:28:29 PM PDT by butterdezillion
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To: Hunton Peck

An activist judge will decide what outcome he or she wants and then supply the rationale. It looks like Roberts might now be in that category along with the four leftists on the court. Anyone who thinks such activist judges will be restrained by some new interpretation of the commerce clause, or taxing authority or anything else is living in a fantasy world.

Activist, liberal justices will arrive at the conclusion they desire.

The only positive to be found today is that the ruling should reignite the Tea Party fire, then bring many more to it to significantly increase the odds of defeating Obama, holding the House and taking the Senate.


16 posted on 06/28/2012 2:39:47 PM PDT by Will88
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To: Hunton Peck
On the bright side, since SCOTUS ruled the “mandate” is a tax, not “commerce”, a Republican majority Senate will be able to get rid of it through “budget reconciliation” with 51 votes and the Rats will not be able to filibuster.
17 posted on 06/28/2012 2:47:12 PM PDT by HenpeckedCon (What pi$$es me off the most is that POS commie will get a State Funeral!)
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To: butterdezillion

Yes, you are most certainly correct on that statement.


18 posted on 06/28/2012 2:52:20 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: cynwoody
So, it must be a head tax or capitation, which, according to Article I, must be laid "in proportion to the Census or Enumeration herein before directed to be taken." Any lawyers care to elucidate that?

Not a lawyer, but Respected Comrade Supreme Roberts addressed this in his opinion:

Our precedent demonstrates that Congress had the power to impose the exaction in §5000A under the taxing power, and that §5000A need not be read to do more than impose a tax. That is sufficient to sustain it. A tax on going without health insurance does not fall within any recognized category of direct tax. It is not a capitation. Capitations are taxes paid by every person, “without regard to property, profession, or any other circumstance.” The whole point of the shared responsibility payment is that it is triggered by specific circumstances—earning a certain amount of income but not obtaining health insurance. The payment is also plainly not a tax on the ownership of land or personal property. The shared responsibility payment is thus not a direct tax that must be apportioned among the several States. The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness. (pages 39-44)
19 posted on 06/28/2012 3:03:58 PM PDT by xeno
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To: dagogo redux

Exactly

It is in fact a mandate which is enforced through a tax imposed for non-compliance. This would appear to open the door to all types of mandates backed by an unlimited ability to tax.

Cuccinelli claims individual liberty was preserved with this ruling. It’s still coercion which negates individual liberty no matter how it’s spun or what it’s called.

His rethink makes no sense.


20 posted on 06/28/2012 3:14:00 PM PDT by bereanway
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To: HenpeckedCon
That was already unnecessary. Because ACA was passed via budget reconciliation, it could be repealed under the same abuse of the Senate's rules.
21 posted on 06/28/2012 3:14:51 PM PDT by FredZarguna (The justification for a tax cannot be the authority to tax in and of itself.)
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To: cynwoody

But, given it’s a tax, is it a constitutional tax?


The Anti-Injunction law prohibits any Court from addressiing that issue until some part of that Tax is actually collected. If it first takes effect in CY 2014, that would mean that its constitutionality cannot be addressed until April 15, 2015 (or maybe 2 January 2015 for early filers).

Then, I concur with your analysis that it is not covered by any current taxing authority in the Constitution, and that the constitutionality of the tax should be attacked.


22 posted on 06/28/2012 3:15:28 PM PDT by Mack the knife
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To: throwback
There's no subtlety.

The ruling is an unmitigated disaster. Too many Conservatives are trying desperately to polish a turd. This isn't a victory. It can't be spun into one.

23 posted on 06/28/2012 3:16:41 PM PDT by FredZarguna (The justification for a tax cannot be the authority to tax in and of itself.)
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To: Mack the knife
The majority has already signaled in its opinion that it will not entertain such a challenge. In effect, they have violated the anti-injunction law with this ruling (another reason that it is so egregious.)

To wit:

Our precedent demonstrates that Congress had the power to impose the exaction in §5000A under the taxing power, and that §5000A need not be read to do more than impose a tax. That is sufficient to sustain it. A tax on going without health insurance does not fall within any recognized category of direct tax. It is not a capitation. Capitations are taxes paid by every person, “without regard to property, profession, or any other circumstance.” The whole point of the shared responsibility payment is that it is triggered by specific circumstances—earning a certain amount of income but not obtaining health insurance. The payment is also plainly not a tax on the ownership of land or personal property. The shared responsibility payment is thus not a direct tax that must be apportioned among the several States. The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness. (pages 39-44)

24 posted on 06/28/2012 3:20:54 PM PDT by FredZarguna (The justification for a tax cannot be the authority to tax in and of itself.)
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To: Mack the knife
... that would mean that its constitutionality cannot be addressed until April 15, 2015 (or maybe 2 January 2015 for early filers).

I have made that point all day long. But then I read this quote from the opinion:

"....it is abundantly clear the Constitution does not guarantee that individuals may avoid taxation through inactivity. A capitation, after all, is a tax that everyone must pay simply for existing, and capitations are expressly contemplated by the Constitution. The Court today holds that our Constitution protects us from federal regulation under the Commerce Clause so long as we abstain from the regulated activity. But from its creation, the Constitution has made no such promise with respect to taxes."

Doesn't this mean that the constitutionality of the tax has been decided?

25 posted on 06/28/2012 3:26:40 PM PDT by KevinB (We'll stop treating Obama like a dog when he stops treating us like a fire hydrant - Fred Grandy)
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To: Hunton Peck
The three branches of our government obviously no longer enjoy "the consent of the governed", therefore they are essentially illegitimate, possessing only the threat of force (and fear) to exercise power over us.

It's about time we all recognized this fundamental breakdown in the social compact, and made it clear to every agent of government in Washington. They need to be officially unrecognized by the people, and fired en masse.

It's time to simply pull the plug and start over. Heck, pull out the phone book and appoint new leadership from the first 545 names listed. Nearly anything would be better than this.

I'm not kidding. It's time for a civil rebellion, the likes of which this country has never seen.

26 posted on 06/28/2012 3:42:31 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: kabar
Kabar, Roberts merely reiterated that for 225 years, Congress has had the ability to levy taxes; including non-activity as well as activity.

But there's a reason that during that entire time frame, Congress has never passed a law taxing inactivity - and why the 2010 Congress took great efforts in disguising its ploy.

Sure, in theory, Congress can tax you for not eating broccoli, not buying a Volt, etc. But, how does it actually gain the necessary votes to pass?

Think about the waivers & exceptions granted by the DHS that were crafted under the assumption of using the commerce clause for cover, which has -0- oversight and 100% discretion of the executive.

Now, the mandate is a poll tax. Exceptions, waivers, thresholds, etc have to be initiated in the House, passed & signed as law, and executed by the IRS.

If the executive were to have leeway on taxes, then any tax, whether it be income, property, etc, would all be subject to executive discretion.

Roberts dropped a bomb.

27 posted on 06/28/2012 3:55:33 PM PDT by semantic
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To: semantic
I am listening to Mark Levin's analysis of the decision. His Landmark Legal had filed an amicus curiae brief. What you are saying is so much nonsense.

According to Roberts, it is a tax but really not a tax according to Constitution and tax law. Roberts has exempted it from the normal rules applying to taxes.

The statists, Dems and Reps, will find the votes they need when they deem it necessary. We have set a horrible legal precedent that will exist even if Obamacare is repealed. There is no silver lining in this decision. It is an absolute disaster for individual liberty and the Constitution.

28 posted on 06/28/2012 4:16:21 PM PDT by kabar
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To: Hunton Peck
all politicians will come to love this ruling. It means the federal gov’t controls our lives, our earnings, everything we do, everything we own and everything we eat and breath. If you are a tyrant, what's not to love. The only card free men in this country have left to play is rebellion. Unfortunately, most capable of it have been neutered.
29 posted on 06/28/2012 4:54:56 PM PDT by paul51 (11 September 2001 - Never forget)
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To: Mack the knife
But, given it’s a tax, is it a constitutional tax?

The Anti-Injunction law prohibits any Court from addressiing that issue until some part of that Tax is actually collected.

Exactly. This isn't the last time Obamacare will be in the courts.

30 posted on 06/28/2012 5:41:33 PM PDT by skully (I don't need no steenking tagline!!)
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To: Hunton Peck

“ANYONE that supports this decision by roberts is STARK RAVING MAD”

Mark Levin 6/28/2012


31 posted on 06/28/2012 5:52:00 PM PDT by LibLieSlayer (Don't Tread On Me)
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To: COBOL2Java

We’ve always been on our own. Many states never see Federal funds after a disaster. Besides, it basically just means loans for most people. Only the protected classes get actual grants of some sort.

People need to stop using the progressive template “Bush didn’t help New Orleans”. Actually, he did and if New Orleans had been majority white, no one would have said a word or cared. Perhaps the liberals would have complained about the waste of Federal tax funds on white people.

People need to be prepared for disaster on their own. Prepared to help the elderly and disabled. Prepared to rebuild with each others’ help.

Improvise. Adapt. Overcome. If States declined Federal intervention in the first place, they wouldn’t be dependent upon it in the second place.

Borders are a different issue, unfortunately, because it is a Federal obligation and this administration is declining the obligation to protect the border. The solution is to replace the administration with one that actually does its job.

WE are the answer and we can do it electorally.

Everyone also has to realize that the progressives are really enjoying our angst. We could stop the hand wringing and drama and deprive them of that.


32 posted on 06/28/2012 9:04:50 PM PDT by reformedliberal
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To: reformedliberal
Everyone also has to realize that the progressives are really enjoying our angst. We could stop the hand wringing and drama and deprive them of that.

Point well taken.

33 posted on 06/28/2012 10:10:23 PM PDT by COBOL2Java (FUMR)
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To: throwback

I’ve been thinking the same thing. A rose by any other name.... Seems like a game of semantics to me. Whatever they choose to call it, it doesn’t change the fact that Americans are being compelled by the government to act in a certain way or face a penalty/tax/fine/whatever.


34 posted on 06/28/2012 10:33:05 PM PDT by JLLH
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To: Hunton Peck

Like many things on WAPO, this is a complete distortion of what our AG Cuccinelli said.

For his ACTUAL words, see http://www.freerepublic.com/focus/f-news/2900924/posts


35 posted on 06/29/2012 7:44:24 AM PDT by Gopher Broke (Repeal Obamacare !!)
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To: Gopher Broke

Thanks for posting that. It reads like the statement at your link was released after the news conference “reported” in this article.

But yes, the notion that Cuccinelli “did a 180” on the ruling was clearly a spin occurring only in the heads of the WaPo journolistas.


36 posted on 06/29/2012 9:18:10 AM PDT by Hunton Peck (The patient is bleeding to death! Apply more leeches!)
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To: Hunton Peck; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

37 posted on 06/29/2012 11:02:34 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Hunton Peck

**the ruling, which he found upheld individual liberty and curbed federal power even as it left the law in place.**

BTTT — the truth is starting to come out. I saw it right away.


38 posted on 06/29/2012 6:26:40 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Salvation
Since when is instituting/allowing a head tax which has not been enumerated under the Constitution (And never should unless two thirds of Congress/States, or 3/4 of State Legislatures to ratify, allow it) upholding individual liberty and curbing Federal power?

If Roberts wanted to uphold individual liberty and curb Federal power he would of ruled with Kennedy, Scalia, Thomas, and Alito who actually did.

What Roberts did was activism in the form of switching the penalty found unconstitutional (With Breyer and Kagan agreeing) under the commerce clause with a simple head/negative tax. I don't get why people are ignorant about the precedent Roberts set. For goodness sake, he was joined by Ginsburg, Sotomayer, Breyer, and Kagan in this respect.

39 posted on 06/29/2012 6:42:41 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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