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1 posted on 12/04/2013 11:28:13 AM PST by EBH
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To: Las Vegas Dave

Ohio ping?


2 posted on 12/04/2013 11:28:53 AM PST by EBH ( The Day of the Patriot has arrived.)
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To: EBH

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.


3 posted on 12/04/2013 11:38:29 AM PST by PGR88
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To: EBH
Technicalities.....
5 posted on 12/04/2013 11:43:59 AM PST by Sybeck1
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To: EBH

John Roberts will swat this challenge away like it’s a drunken fly.


6 posted on 12/04/2013 11:46:07 AM PST by BlueStateRightist (Government is best which governs least.)
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To: EBH

If “the Devil is in the details” — then let’s get the Devil to help us ... :-) ...


7 posted on 12/04/2013 11:47:02 AM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: EBH

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 If Obamacare is actually a tax law, as it is actually run by the IRS, it should be repealed on process grounds.


9 posted on 12/04/2013 11:48:18 AM PST by Tenacious 1 (Liberals can afford for things to go well, to work, for folks to be happy. They'd be out of work.)
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To: EBH

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.


10 posted on 12/04/2013 11:49:52 AM PST by Hostage (Be Breitbart!)
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To: EBH

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


11 posted on 12/04/2013 11:51:00 AM PST by Nifster
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To: EBH

In the public interest, an expedited ruling in favor of the plaintiffs would be an extremely nice Christmas present!


14 posted on 12/04/2013 11:57:02 AM PST by Real Cynic No More (Border Fence Obamacare!)
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To: rdb3

Cleveland ping


16 posted on 12/04/2013 11:58:04 AM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: EBH

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.


17 posted on 12/04/2013 11:59:56 AM PST by jim_trent
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To: EBH

“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.


18 posted on 12/04/2013 12:00:41 PM PST by Slyfox (Satan's goal is to rub out the image of God he sees in the face of every human.)
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To: EBH

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.


22 posted on 12/04/2013 12:07:32 PM PST by CincyRichieRich (“Some animals are more equal than others" - George Orwell)
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To: EBH; All
Thank you for referencing that article EBH. Please bear in mind that the following critique is directed at the article and not at you.

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.

23 posted on 12/04/2013 12:08:10 PM PST by Amendment10
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To: EBH

Bookmark!!!!


26 posted on 12/04/2013 12:21:35 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: EBH
Adler, a case law professor since 2001, pored over the ACA

He's probably the only person in the world to have read it.

31 posted on 12/04/2013 12:26:52 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: EBH

A mere glitch in the law.


35 posted on 12/04/2013 12:44:15 PM PST by kaehurowing
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To: EBH

I think there is a provision in Obamacare that allows Obama to unilaterally ignore, reinterpret, or amend any provision in the law.


36 posted on 12/04/2013 12:45:02 PM PST by kaehurowing
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To: EBH

The SCOTUS isn’t going to let the boy kings centerpiece of his socialist agenda to fail, be it constitutional or NOT.


51 posted on 12/04/2013 3:16:34 PM PST by Farnsworth (Now playing in America: "Stupid is the new normal")
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To: EBH
excellent article..hope everyone gets to read it.

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..

52 posted on 12/04/2013 3:21:56 PM PST by haircutter
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