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.
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 ... :-) ...
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 If Obamacare is actually a tax law, as it is actually run by the IRS, it should be repealed on process grounds.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
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.
I’m all for it.
I’m a realist, therefore one of two paths will occur:
1. Continued blackmail will make Roberts swat it away like some say in this thread OR
2. Roberts will use it as a lifeline to regain sanity because he wasn’t blackmailed after all.
Not sure which, obviously I hope for the latter.
I hope that most freepers understand that the main problem with Obamacare does not concern technicalities in the poorly written law that law professors are unsurprisingly finding in Obamacare. The problem with Obamacare that every legal voter should be able to point out is the following. The states have never delegated to Congress, via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes.
In fact, regardless what activist justices want everybody to think about Obamacare, the Supreme Court had previously clarified that the states have never granted Congess the specific power to address public healthcare issues.
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. (emphases added)" --Gibbons v. Ogden, 1824."Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.
In other words, corrupt Congress wrongly ignored its constitutional Article V requirement to petition the states to amend the Constitution to grant Congress the specific power that it needs to regulate public healthcare before establishing Obamacare. It is important to note that the states could have chosen to not grant Congress such power by not ratifying the proposed amendment.
Bookmark!!!!
He's probably the only person in the world to have read it.
A mere glitch in the law.
I think there is a provision in Obamacare that allows Obama to unilaterally ignore, reinterpret, or amend any provision in the law.
The SCOTUS isn’t going to let the boy kings centerpiece of his socialist agenda to fail, be it constitutional or NOT.
CWRU great school...son did his Masters there, and did classes for his Bachelor Degree there as well..
Hope Hussein Obama is becoming scared..he should be..