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To: jessduntno

Something like this? Someone refuses to buy health insurance, is fined, and pays the fine. The person then sues for a refund of the fine on grounds that the law was not constitutionally enacted. Use as the precedent the Supreme Court ruling against the line item veto, as discussed here yesterday.


34 posted on 03/16/2010 10:39:01 AM PDT by omega4412
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To: omega4412

“Something like this? Someone refuses to buy health insurance, is fined, and pays the fine. The person then sues for a refund of the fine on grounds that the law was not constitutionally enacted. Use as the precedent the Supreme Court ruling against the line item veto, as discussed here yesterday.”

Exactly...I can’t imagine the court not wanting this one...but they need to have someone with standing...and this is not lawful. You can not make the Commerce clause stretch like this.


56 posted on 03/16/2010 10:52:18 AM PDT by jessduntno ("our country will stand in need of its experienced patriots to prevent its ruin." - Sam Adams)
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To: omega4412

I think the states are lining up to challenge this

Some state legislatures have already adopted “laws” exempting their states from compliance with a federal mandate


77 posted on 03/16/2010 12:09:42 PM PDT by silverleaf ("Congress is America's only native criminal class."- Mark Twain)
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