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To: secret garden; xsmommy; RikaStrom
I need a lawyer for this question!

Did not the Zero government defend their atrocious health control law on the basis of the Commerce Clause? Did not the Zero himself repeatedly deny that it would be a massive tax increase?
Why then did the SCOTUS grant them relief that they did not request? If they did not ask that the law be funded with a "tax", what contortions did Roberts et al have to engage in to give the government an escape hatch?
In legal proceedings I have witnessed, judges will not give you what you do not ask for.

I smell a dead rat.

79 posted on 06/28/2012 12:19:45 PM PDT by TheGrimReaper (Obamacare must die.)
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To: TheGrimReaper

The gov’t argued primarily that the commerce clause covers the mandate.

They argued as a backup that it was “necessary and proper.”

They argued as a backup backup that it was a tax.

Roberts bit on the backup backup.

There is supposedly a principle that if one can construe a law in multiple ways, and one of them is constitutional, then it should be found constitutional.


80 posted on 06/28/2012 12:22:24 PM PDT by SoothingDave
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To: TheGrimReaper
Here is an explanation but I don't pretend to understand it. I honestly think that this will energize the TEA party and everyone else who actually pays taxes.
82 posted on 06/28/2012 12:28:07 PM PDT by secret garden (Why procrastinate when you can perendinate?)
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To: TheGrimReaper

Robert legislated from the bench. Unconstitutional. WHO has power to correct this?


92 posted on 06/28/2012 1:54:29 PM PDT by tioga ( ABO: Anybody. But. Obama. Coming in November, 2012.)
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