[MindBender26]

The more I think about it, it might take some time to reach SCOTUS.

At least for 5 years, it can be argued that this is only a ‘taxation” issue.

[Congressman Billybob]

I have personally taken cases from trial court through Appeals and through the Supreme Court in less than two months. This can and will be vast track litigation.

It CAN be done.

John / Billybob

[Talisker]

...it can be argued that this is only a ‘taxation” issue.

IMO, that's the key right there. People forget this "healthcare bill" is actually written as a tax bill that implements health insurance for tax purposes. But what is not commonly understood is that tax law is mostly implemented through "jursidictional presumption" and all the judicial trickery that protects this presumption from challenge in court.

That's relevent because, in essence, the "Slaughter solution" is nothing more than the House declaring a presumption about the passing of a tax bill - i.e. an aspect of law that is already mostly implemented through presumption.

Thus there is actually a legal argument that such presumption can be used for the passing of a tax law that is going to be implemented mostly through presumption, because in either case, striking it down is merely "rebutting the presumption" - not exposing wrongdoing. So for the Dems - like for the IRS - imposing law illegally is a no-fault exercise. If it works, they get away with it. If it doesn't, it's simply a rebutted presumption they can still disagree with "in principle."

Tax law used to be unique - the Rats are merely making it's "uniqueness" common.