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Supreme Court spares Obamacare from GOP challenge
NBC News ^ | June 17, 2021 | Pete Williams

Posted on 06/17/2021 7:24:23 AM PDT by rdl6989

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To: Bob434

Perhaps it’s time to consider #1 then. Trump is not the all-knowing genius.


61 posted on 06/17/2021 9:33:04 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs. I )
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To: rdl6989
But more than 20 million Americans now depend on it for their health insurance,

That translates to about 5.9% of the total population sponging off of 100% of the taxpayers.

62 posted on 06/17/2021 9:34:31 AM PDT by pfflier
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To: rdl6989
The headline and lede is crap. The decision was that the plaintiffs lacked 'standing'. The court merely punted rather than doing its job. (yet again)

You can read the decision itself here.

Here is a direct quote: "Held: Plaintiffs do not have standing to challenge §5000A(a)’s minimum essential coverage provision because they have not shown a past or future injury fairly traceable to defendants’ conduct enforcing the specific statutory provision they attack as unconstitutional. Pp. 4–16."

63 posted on 06/17/2021 9:36:25 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: redgolum

Yes, anyone who has “R” is automatically hated by commie Dems, and anyone who has “D” is automatically hated by Repubs.

There isn’t always a lot of study into the opposite side for specifics.

But yes, consider how the enemy behaves.


64 posted on 06/17/2021 9:37:56 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs. I )
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To: rdl6989
Repeating what I posted on another thread …

I’m probably in the minority here but I’m not terribly disappointed over this.

I have said for years that these states and other affected parties have gone about the whole process of challenging the constitutionality of ObamaCare completely wrong. In fact, they’ve been so consistently wrong that I’m getting more certain that they have no interest in overturning ObamaCare at all.

The simplest way to challenge ObamaCare is to have a state insurance commission approve insurance plans in the state that save customers a ton of money because they don’t meet all the stupid, onerous requirements of ObamaCare — i.e., they may not cover pre-existing conditions, they don’t cover sex change surgery, they don’t cover substance abuse treatments, they don’t cover treatments for STDs, they have annual or lifetime coverage caps, etc. A medical insurance plan that has half these provisions could probably cost at least 50% less than an ObamaCare-compliant plan.

This would clearly be a great avenue for a legal challenge to ObamaCare because the insurance industry is specifically regulated at the STATE level, not by the Federal government.

Here’s my simple question: Why the hell hasn’t the Affordable Care Act ever been challenged on these grounds?

65 posted on 06/17/2021 9:44:18 AM PDT by Alberta's Child ("And once in a night I dreamed you were there; I canceled my flight from going nowhere.")
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To: Owen
That’s exactly right. It’s like having a person who likes gas-guzzling cars challenge the constitutionality of Federal fuel mileage standards. Such a challenge may very well succeed on constitutional grounds, but “I want to buy a car that gets 8 MPG” is not a legal argument that will ever give you standing to pursue the case. You can’t force someone else to manufacture this car for you … so the only legitimate plaintiff in such a case would be a person or company that wants to PRODUCE and SELL such a car.
66 posted on 06/17/2021 9:48:10 AM PDT by Alberta's Child ("And once in a night I dreamed you were there; I canceled my flight from going nowhere.")
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To: zeugma

See Post #66. The court almost certainly made the right decision here. “I want to buy insurance coverage that doesn’t meet the ACA’s ‘minimum essential coverage’ requirements” doesn’t give you any standing to challenge the ACA.


67 posted on 06/17/2021 9:52:50 AM PDT by Alberta's Child ("And once in a night I dreamed you were there; I canceled my flight from going nowhere.")
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To: rdl6989; All
"Supreme Court spares Obamacare from GOP challenge"
FR: Never Accept the Premise of Your Opponent’s Argument

From related threads…

Whatever post-FDR era law schools are teaching students, it’s evidently not the federal government’s constitutionally limited powers as the delegates to the Constitutional Convention had intended for those powers to be understood. The misguided Roberts Court has once again ignored that the question of the constitutionallity of national healthcare is not a new test for the Court.

More specifiically, previous generations of state sovereignty-respecting justices had mentioned national healthcare in case opinions as an example of a power that the states have not expressly constitutionally given to Congress.

And if RINOs were to start reading FR, then they would be able to to get institutionally indoctrinated Supreme Court justices up to speed with following major constitutional problems with Obamacare, not that they would be willing to uphold their oaths to protect and defend the Constitution as their supporters expect them to do.

Regarding unconstitutional (imo) Obamacare, the founders made the 10th Amendment to clarify that the Constitution's silence on things like healthcare means that the states reserved the power to tax and spend for public healthcare uniquely to themselves, not the federal government.

Regarding the Obamacare insurance mandate for example, note the fourth entry in the following list, the excerpt from Paul v. Virginia. In that case the Court had clarified that the feds have no Commerce Clause power to regulate insurance regardless if an insurance policy is negotiated across state borders. (FDR's activist justices overturned Paul v. Virginia.)

The remedy for the corrupt, unconstitutionally big, post-17th Amendment ratification federal government that is oppressing patriots under its boots…

Patriots need to primary federal and state candidates who don’t clearly promise to help put the federal government back into its constitutionally limited power "cage.”

68 posted on 06/17/2021 10:18:07 AM PDT by Amendment10
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To: Vaduz

Ok so perhaps republicans could have come up with some sort of alternative. Even trump said he had a great plan. Where the dickens is it???


69 posted on 06/17/2021 11:20:22 AM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016 )
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To: Amish with an attitude

I still never had obamacare. The point is that the republicans bragged about a great replacement. Even trump said he had an awesome medical plan. Never released it.


70 posted on 06/17/2021 11:21:38 AM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016 )
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To: Deo volente

It isn’t precisely Left/Right, it’s authoritarian/libertarian. The side seeking increased government authority always wins. Lately, that side most often advances a collectivist position - but it doesn’t necessarily need to be to get a favorable ruling.


71 posted on 06/17/2021 12:29:27 PM PDT by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: rdl6989

Always with the 20 million dependent. That number never increases? Whyyyyy? Could it be that the 20 million are stuck being dependent on it, and those who are able to avoid it like the plague?


72 posted on 06/17/2021 3:04:29 PM PDT by Eleutheria5 ("The impossible happens all the time. You just have to believe." Will Robinson)
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To: the OlLine Rebel

“Conservative” Justices have been disappointing us long before 2016.


73 posted on 06/18/2021 6:43:11 AM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: napscoordinator

He presented but the democrats wouldn’t even let on the floor to hear it and not just once.
The democrats best idea is socialism medicine it has not worked out well any place in the world it’s why the democrats love it so much.
The pimped for the single payer plan another socialism deal.


74 posted on 06/18/2021 8:18:34 AM PDT by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: rdl6989

horrible


75 posted on 06/18/2021 1:01:21 PM PDT by Jonny7797
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To: DesertRhino

bet you could find an insurance company to write you that policy but you wouldnt buy it because the premium due on day one would likely be more than the cost of repairs.

But that’s what they did with O’care and that is obviously one of the reasons why the premiums are outrageous.


76 posted on 06/18/2021 1:04:40 PM PDT by Jonny7797
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To: DesertRhino

Wow I was thinking the exact same thing. What do we get out of it anymore except endless taxes, hyperinflation, perversion, CRT, commie crony globalism etc pushed down our throats, and we have “no standing” with the US Supreme court. So I guess if we have no standing in the highest court of the land, we need have no loyalty to it anymore either.


77 posted on 06/18/2021 2:11:37 PM PDT by boxlunch (Texas, full on 10th amendment push, or all out secession? )
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
Hey, they're just doing someone else's dirty work.

78 posted on 06/19/2021 3:18:18 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: DesertRhino

Still better than any nut Biden-Harris will nominate.


79 posted on 06/19/2021 5:38:28 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: USCG SimTech
The teeth of the entire ACA were knocked out some time back.

Very small consolation. The mandate can easily be reinstituted by a Democrat congress, and there have already been rumors of this happening within a very short time.

The ACA remains a staging area for all kinds of blank-check add-ons by Democrats, as has been demonstrated. It is an example of a highly unconstitutional open-ended “law” which can morph on its own depending on who is in charge. It needs to be buried, in whole, face down, in a 30-foot-deep grave.

80 posted on 06/20/2021 10:55:27 AM PDT by fwdude (“I do think at a certain point you've paid enough taxes.” — Not Obama)
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