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To: djf

Huh? What got overturned? Only thing I heard was that they couldn’t stop Medicaid payments to the states.


158 posted on 06/28/2012 9:25:04 AM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: for-q-clinton

This is one serious snakepit. I’m still reading the 11th Circuits opinion.

As far as I can tell, this is what happened:

Plaintiffs went in front of the 11th circuit court and claimed ACA was unconstitutional on two parts:
The Medicaid expansion
The individual mandate.(based on the commerce clause)

11th Circuit issued its findings:
Medicaid expansion was OK
Individual mandate was not ok(based on the commerce clause)

Government appealed to the USSC

Argued again the the medicaid expansion was OK.
Argued that the mandate was OK under the commerce clause, but additionally argued that it was OK under the taxing power.

USSC issues it’s decision

Throws out Medicaid expansion by making it optional for the states
Agrees that the individual mandate FAILS under the commerce clause
But in a new argument THAT NEVER WAS PART OF THE 11th Circuits case, finds that the individual mandate is proper under Congresses taxing power.

The Supreme Court today basically kicked the can down the road.

Like I said, it’s a snakepit and may take years to sort out, but there is NO WAY it can be said Obamacare was upheld, at least not in toto in the form it existed when passed by Congress.


192 posted on 06/28/2012 10:22:41 AM PDT by djf ("There are more old drunkards than old doctors." - Benjamin Franklin)
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