Posted on 12/04/2013 11:28:13 AM PST by EBH
Ohio ping?
At this point, the US Government could not care less about any contradictions or over-reaches in the law. The law is effectively meaningless - its the results they are after and it is full-steam ahead.
Bingo.
John Roberts will swat this challenge away like it’s a drunken fly.
If “the Devil is in the details” — then let’s get the Devil to help us ... :-) ...
The law is what Jarrett and Obama say it is. Maybe even just Jarrett. We have no SCOTUS or Legislative branches any more.
That all sounds important.
But when the SCOTUS was considering whether or not our federal government could FORCE by threat of punishment someone to purchase a product, they overroad the defendants own orginal argument and changed punishment to a “tax”. Roberts bent over backwards to find a way to rule the mandate constitutional. In doing so, he invalidated the origination and construct of the law. It did not originate or get passed by the House of Reps as all tax law should. It was argued, presented and passed on Christmas Eve under and invalid pretense. If Obamacare is actually a tax law, as it is actually run by the IRS, it should be repealed on process grounds.
I am unsure about this.
It has been said the law states that if states refuse to setup exchanges, then the federal government will do it for them and charge a penalty.
If the above is the case, then I don’t think this approach has legs.
The surest way to get rid of the Obamacare beast is to defund it and then later repeal it.
However, if as reports say are true that Boehner is going to push through immigration reform early next year, then there will be no republican party power to defund or repeal Obamacare.
What will happen is that the illegals who will be legalized will register to vote regardless of citizenship status. The 2014 elections will then result in power maintained by the democrats in the Senate and probably a return of the House to the democrats.
The republicans in power will do this to hold onto incumbency, nothing more.
I agree with him but let’s wait and see what the courts do. After the roberts fiasco I do not trust the courts to do the right thing
Maybe there were referring to all 57 states??
Special pings to the lists..!
In the public interest, an expedited ruling in favor of the plaintiffs would be an extremely nice Christmas present!
Cleveland ping
I follow the blog that he regularly posts in (The Volokh Conspiracy). Mr. Adler is a very strong advocate of the position that the second amendment does NOT apply to individuals, the two recent Supreme Court decisions notwithstanding. He is convinced SCOTUS got those decisions wrong. According to him, the second amendment only applies to organized militias.
I don’t know if his reasoning is any better here.
“Based on the law, Adler says, the Internal Revenue Service has no legal authority to give tax subsidies to people enrolling in the federal exchange. The IRS wrote a regulation as if it has that right, but Adler says the ACA never empowered it to do so.”
*****
This is really interesting. I hope he is successful.
Correct. They’ll get crazy rulings from wacko Judges, or they’ll just ignore the law and plow ahead. Either way, no biggy to them.
Obastard signaled a willingness to do this back when he ordered a moratorium on drilling in the Gulf of Mexico, flying in the face of a Federal Court decision specifically forbidding the action. If there was any doubt about his willingness to be a lawless President, that one thing alone cleared all that up.
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