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The ACA's poison pill? (Pelosi knows)
Rochester City Newspaper ^ | 12/24/14 | Mark Hare

Posted on 12/24/2014 11:44:18 AM PST by Libloather

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>> Republicans in Washington will celebrate as the people they represent find themselves without access to essential medical care.

The consequences of regaining one’s liberties. It’s something worth fighting for.


21 posted on 12/24/2014 11:10:10 PM PST by Gene Eric (Don't be a statist!)
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To: itsahoot
This is not a Constitutional law question. It's a question of statutory interpretation. The Supreme Court has agreed to hear it because there exists the possibility of conflicting rulings in the circuits on the interpretation of the subsidy language.

Roberts is a strict constructionist. He will construe the language to mean that the subsidies are payable only to people in states that have exchanges because that's what the language plainly says. If the majority of the Court agrees, which I think it will, Obamacare will still be very much in place, but no subsidies will be payable to people living in states without exchanges. That begins the death spiral for Obamacare as we know it since the very people it was designed to help will not be able to afford the premiums.

Roberts hates Obamacare as policy and pretty much said so in his previous opinion. He was bound to follow his interpretation of the Constitution, however. He found that the penalty was a tax because there is Constitutional authority for that. As an attorney for over thirty years who has studied the Constitution extensively, I think he got it right (as much as I hate the result).

The conservatives on this board who have focused their ire on Roberts do not realize that the majority of the Court in that opinion, including Roberts, ruled that Congress does not have the authority under the Commerce Clause to force people to buy insurance. That was a big win for believers in smaller government.

22 posted on 12/25/2014 5:33:58 AM PST by KevinB (Barack Obama: Our first black, gay, Kenyan, Socialist, Muslim president!)
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To: KevinB

Since Roberts change his mind and rewrote ACA into a TAX law (un-Constitutionally I might add), I question his Constitutional scholarly background and specifically question why he changed his vote to support the communist, Comrade obamatollah.


23 posted on 12/25/2014 5:38:33 AM PST by newfreep ("Evil succeeds when good men do nothting" - Edmund Burke)
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To: newfreep

The logical conclusion is that they have something on him that he does not want the public to know, i.e., he is being blackmailed. One does not change 180 degrees without a reason. And if he has been blackmailed once, he can be blackmailed again.


24 posted on 12/25/2014 5:44:05 AM PST by sport
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To: sport

Exactly. His kids and/or homo lifestyle.

That’s why I have no faith SCOTUS will do what’s right and follow the Constitution.


25 posted on 12/25/2014 5:45:58 AM PST by newfreep ("Evil succeeds when good men do nothting" - Edmund Burke)
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To: newfreep
Since Roberts change his mind and rewrote ACA into a TAX law (un-Constitutionally I might add), I question his Constitutional scholarly background

See John Roberts

I think it's safe to say that his Constitutional scholarly background far exceeds that of anybody who has criticized him on this forum.

26 posted on 12/25/2014 5:51:56 AM PST by KevinB (Barack Obama: Our first black, gay, Kenyan, Socialist, Muslim president!)
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To: Libloather
...you can be sure that many Republicans in Washington will celebrate as the people they represent find themselves without access to essential medical care.

What a childish thing to say. The author writes like a recently dumped teenage girl.

27 posted on 12/25/2014 5:54:09 AM PST by facedown (Armed in the Heartland)
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To: Major Matt Mason

Roberts was justified by Grueber who plainly told us the whole thing was a tax.


28 posted on 12/25/2014 6:00:02 AM PST by bert ((K.E.; N.P.; GOPc.;+12, 73, ..... Obama is public enemy #1)
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To: KevinB

Sadly, what Roberts ultimately did for CommieCare was totally and undeniably UN-Constitutional.

At best, he was Constitutionally challenged.

At worst, he was threatened, bowed to the threats and changed his vote.

Either way, we the people AND the Constitution got screwed.


29 posted on 12/25/2014 8:51:29 AM PST by newfreep ("Evil succeeds when good men do nothting" - Edmund Burke)
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To: goldstategop

Obamacare is insurance. Healthcare is a trip to the doctor or ER. Know the difference, and explain it to those who do not understand.


30 posted on 12/25/2014 12:15:14 PM PST by 9422WMR ("Ignorance can be cured by education, but stupidity is forever.")
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To: KevinB

Retroactively? Will zerocare plan purchasers have to refund the subsidies they were given? I’ve seen SCOTUS find against a plaintiff in my home town here because finding FOR her would affect police department tickets by the millions all over the country. Attwood v Lago Vista PD, about 12 years ago, O’Connor wrote the majority opinion.


31 posted on 12/25/2014 1:03:44 PM PST by txhurl (No more taglines)
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To: KevinB
...his Constitutional scholarly background far exceeds that of anybody who has criticized him on this forum.

No doubt, but that means Roberts is quite familiar with the operating theory, adumbrated by SC justices during the New Deal, that the power to tax trumps putative limitations on government power. His redefining penalties as taxes was consciously driven by this principle in order to circumvent the need to use the Commerce clause. Which means the courts ruling about the Commerce clause is nugatory and cold comfort indeed.

32 posted on 12/26/2014 5:15:22 AM PST by hinckley buzzard
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To: Ray76

This law has been changed dramatically in other respects from what was signed into law. I wonder how courts in the future might interpret the law? As written or as decreed by Obama?


33 posted on 12/26/2014 5:23:03 AM PST by IamConservative (If fighting fire with fire is a good idea, why do the pros use water?)
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