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7-2, Alito and Gorsuch dissenting.
1 posted on 06/17/2021 7:24:23 AM PDT by rdl6989
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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: 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: 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: 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: rdl6989

horrible


75 posted on 06/18/2021 1:01:21 PM PDT by Jonny7797
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To: rdl6989; bitt; little jeremiah
***Republicans have long opposed the law, former President Barack Obama's signature legislation. But more than 20 million Americans now depend on it for their health insurance, and there is broad public support for its requirement that insurance companies must cover pre-existing health conditions***

That is called 'Medicaid'... good ol' NBC News. Insurance cannot cover pre-existing conditions any more than they can cover your car accident when you didn't have insurance at the time. At one time over 70% of people on Obama care were actually on Medicaid.

Another way to cover pre-existing conditions is to have a $30,000 deductible.

Thinking and truth are the rarest of commodities these days.

86 posted on 06/25/2021 8:37:24 PM PDT by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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