How will this work? Court challenges to Obamacare (V)

Vanity | 03-18-2010 | Tuxedo

[Tuxedo]

So, assuming the Senate Bill gets passed under the following scenarios - what is the likelihood of intervention?

Yeas/Nays - bill passes. I would suppose the first challenge would be the Constitutionality of requiring Citizens to purchase a service violates the Commerce Clause (see Seminole Tribe v. Florida) as the Federal Government cannot supercede sovereignty of the States. Further, there can be challenges filed by various State Attorneys General on the basis of the Tenth Amendment. Given this, I would presume that a Federal Judge (preferably a Strict-Constructionalist) can stay the Law. This would then get appealed and certainly make its way to the USSC. Can that be delayed until November?

Should the Slaughterhouse Rule be used to deem the bill passed, we already know The Landmark Legal Foundation will file suit that the law violates Article 1, Section 7 of the US Constitution. I presume a stay would be granted and the matter making its way to the USSC.

Given knowledge of precedence and case law, what do you think would be the outcome?

Should the matter not be settled favorably, a takeover of the House (Senate won't matter as much) can result in Republicans denying funding for Obamacare and adding its repeal into every bill passed. I realize that part of the Bill says it cannot be repealed, but to me that is just semantics.

[Huskerscott]

I see the following happening:

- Lawsuits on the grounds that have been discussed (states/people rights). This will lead to an appeal court to put out a stay agreement and keep the law form being implemented. This is a short term victory; you never know what the supremes are going to eventually do.

- Republican politicians will not vote to fund it. Despite what zero says, there are costs to this and it must be passed in the house and senate. The senate will filibuster any bill that contains financing of it. And when we win the house, they can not orginate the bill. Another short term victory.

Here is what I hope to see:

- The states can get together and create a constitutional amendment saying that the feds can’t nationalize healthcare. Don’t know the wording, but along those lines. Since a normal amendment takes 75% of both the house and senate before it can go to the states, the states would need to create a constitutional convention to create the amendment and circumvent congress. This is my hope, otherwise, every 10 years or so, we will have this debate.