Posted on 06/28/2012 10:49:15 AM PDT by Signalman
Now that we know that the mandate is a tax (despite the Dems stating repeatedly that it wasn't) can't a future Congress (perhaps the next Congress) simply repeal it?
Won’t a super majority or at least a fillibuster majority be required?
Yes.
But you’ll have to get it through the Senate.
And in two years, there will be another election where libs and “moderates” will be trying to get elected.
New Boss, see my post #20.
The government likewise can't force you to give up your guns. But they can tax you if you refuse to. It is a very slight extension of the same principle announced today. If you can't see it, I can't help you, but as someone who analyzes legal rulings for a living, and then cites them to courts to further an argument, this decision is very applicable to those situations.
Absolutely. I wish everyone would stop whining and see this is the best thing that could have happened. This election will be 1994 on steroids. It took e politics of SCOTUS out of it..and put it squarely on shoulders of the voters. And we will speak on November 6th.
I am asking everyone here to do you part in your community to get out the vote. It has never been more I portent. We need to win, and we need to win by A LOT!
Thank you for an intelligent reply.
Too many exploding heads on FR today, probably good people but who are spouting garbage without understanding what they’re talking about.
I don't believe Obamacare can be repealed through reconciliation.
Clearly, they can repeal those last round of amendments that were approved using the reconciliation process. That would leave in place a slightly different version of Obamacare.
They may also be able to repeal just the penalty provision for not having insurance, now that the Supreme Court has called it a tax (along with other specific tax sections of the bill).
But I don't think they can repeal the whole enchilada using reconciliation.
Some say repealing just the mandate is enough, because without the mandate the funding structure fails and the health insurance companies will be bankrupted having to cover everyone but with no mandate.
But that is in fact the ultimate goal of Obamacare anyway - to kill off private insurance and move us to a full government-payer system, so it is not clear that the Democraps will not continue to filibuster any attempt to repeal the rest of it even if the mandate is done away with.
Check into this:
the Democrats cannot filibuster its repeal because of the same reconciliation procedure the Democrats used to pass it.
thank you for your wisdom, Jed. Please tell us what to think.
Absolutely. I wish everyone would stop whining and see this is the best thing that could have happened. This election will be 1994 on steroids. It took the politics of SCOTUS out of it..and put it squarely on shoulders of the voters. And we will speak on November 6th.
I am asking everyone here to do you part in your community to get out the vote. It has never been more I portent. We need to win, and we need to win by A LOT!
Yes we should all just relax and learn to love Big Brother.
“Aren’t spending bills supposed to originate in the House? This is a Senate bill. How can it include a tax?”
I don’t believe it can, but we are well through the looking glass on this day. One of the saddest I have ever seen.
Us lawyers understand just how bad this decision, and its implications. Telling people to be calm about it is like saying “go back to sleep” as Paul Revere rides through your town. Stay alert, friend.
SCOTUS does not agree with you. I'm not saying whether I like that they don't or not, but if SCOTUS declares it a tax, it can be treated as such in future legislation.
We should put ten million screaming conservatives into DC and clog the whole place up, but we won’t. We’re the silent majority...we won’t even speak up when they come for us.
Can Congress repeal this tax? Sure they can, but can you name a tax that has ever been repealed?
Repubs take charge and lower rates of existing taxes.
commies take charge and raise the rates and install new taxes.
Repubs take charge and lower rates.
commies take charge and ......
Been going on for a long time. Don’t see it changing anytime soon.
As I understand it:
1) The house passed a revenue bill.
2) The Senate gutted it, and replace it with Obamacare, declariing a fine if you don’t have health insurance approved by FedGov.
3) Supremes declared that Congress can pass the bill with a fine, because it is really a “tax”. BUT ... the Supremes did NOT declare that tax to be constitutional or unconstitutional — they are prohibited from doing so by the AntiInjunction law until the tax is actually collected in April 2015 for CY 2014.
Sure it can be repealed. That is if we hold all the seats in the Senate and pick up 11 more.
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