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Obama confident health care reforms will survive state challenges
The Washington Examiner ^ | October 17, 2010 | Julie Mason, White House Correspondent

Posted on 10/17/2010 6:45:23 PM PDT by 2ndDivisionVet

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To: 2ndDivisionVet

In other words, “I am God. What I say, goes.”


21 posted on 10/17/2010 7:30:06 PM PDT by Brilliant
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To: txhurl

Unconstitutional... If the government can’t tell a woman whether to have an abortion, it certainly can’t tell me whether to have a tonsilectomy.


22 posted on 10/17/2010 7:31:46 PM PDT by Brilliant
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To: 2ndDivisionVet

When the federal government rules on its own powers, they distort the Constitution to mean whatever they want. They have been doing this forever.

The federal government was created by the states, to aid the states, not control them...

It is obviously unconstutional because it does not fall under one of the enumerated powers... but the states cannot win. The Commerce clause was written just to ensure that trade between states occured in a normal manner. “Regulate” meant something different in 1789, but the feds will distort this so that they can maintain power over the states.


23 posted on 10/17/2010 7:31:59 PM PDT by bravedog
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To: 2ndDivisionVet
I believe there is a good chance that the challenges will succeed. And it is my understanding that there is no so-called "severability clause" in the legislation; so it will either stand or fall in toto. In other words, it would be impossible for a court to strike down some of the bill, while upholding other portions of it.

My own preference, in any case, would be for the states that do not support this despotic legislation (which is to say, most of them) to invoke the doctrine of nullification--and thereby refuse to honor the law--if necessary, provoking a constitutional confrontation in the process.

24 posted on 10/17/2010 7:35:15 PM PDT by AmericanExceptionalist (Democrats believe in discussing the full spectrum of ideas, all the way from far left to center-left)
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To: E. Pluribus Unum
"The only name for that is slavery."

Something the DUmocrats have down to a SCIENCE! A vote for the JACKASS party is a sumbission and surrender to the SLAVE-OCRACY!

25 posted on 10/17/2010 7:35:35 PM PDT by RasterMaster (The only way to open a LIEberal mind is with a brick!)
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To: anniegetyourgun

They don’t own them all.

And the High Court has 4 likely on our side and 1 who is a genuine swing Justice but leans slightly more right. Obama hasn’t been too nice to him either and these Justices can hold grudges. Would have been in his best interest not to antagonize Kennedy but he just couldn’t help himself.

It’s no sure thing since Kennedy isn’t guided by the same principles of the others but slightly better odds in our favor then Obama’s favor.


26 posted on 10/17/2010 7:39:57 PM PDT by Soul Seeker (I was there when we had the numbers, but didnÂ’t have the principles.---Jim DeMint)
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To: 2ndDivisionVet

It took over 10 years to undo McCain/Finegold and they said it couldn’t be undone.....its history now....I believe the same thing will happen to gov’t health care, it just takes time for the S C to set things straight....you just keep fighting it in the courts....


27 posted on 10/17/2010 7:40:34 PM PDT by goat granny
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To: 2ndDivisionVet
The most interesting thing in the Florida case is how the Government Lawyers have attempted to rewrite the ObamaCare law on the fly.

As the bill was signed into law Congress and Emperor Obama made it very clear that the penalty was not a tax. But, when the opening arguments were made the Government lawyers stated that the penalty clause was legal because the Federal Government (Congress et al) could levy taxes.

The judge involve threw the BS flag and said the case would continue because the Federal Lawyers opening state was based on clearly demonstrable lies (sworn statements that contradicted Federal Law).

This case looks like it is going to be fun. Who is telling the truth - the DOJ (the penalties are taxes and are justified) or Congress (who created a whole new way of raising money not covered by the Constitution). May the Supreme Court announce its decision 1 Oct 2012.

28 posted on 10/17/2010 8:05:35 PM PDT by Nip (A COIN carrier since 1975.)
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To: 2ndDivisionVet

This worries me. If its constitutional to let the gov’t force you to buy a retirement program (SS), why wouldn’t it be constitutional to force you to buy healthcare?


29 posted on 10/17/2010 8:36:29 PM PDT by TexasKate
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To: goat granny

Great point. Now if we just could have undone McCain!


30 posted on 10/17/2010 8:36:41 PM PDT by SC_Pete
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To: Nip

The law itself calls it a “penalty” and the language does meet the test for it to be a tax.


31 posted on 10/17/2010 8:39:13 PM PDT by SC_Pete
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To: 2ndDivisionVet

Wouldn’t it be cool if we got other COUNTRIES to sue the obama administration....kinda like other countries are suing Arizona.

So many foreigners come here for excellent medical care (that won’t be available anymore under obamacare), that I think they’d have as much of a case as The Won thinks other countries have against Arizona.

I can dream, can’t I?


32 posted on 10/17/2010 8:45:29 PM PDT by Mortrey (Impeach President Soros)
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To: 2ndDivisionVet

So?


33 posted on 10/17/2010 8:52:12 PM PDT by big bad easter bunny (A lie can get half way around the world before the truth gets it's boots on!-Mark Twain)
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To: SC_Pete
LOL he is worth undoing so is his dippy daughter. Never liked Mccain. Figured he was a dipsh** from way back..I just wonder whats wrong with those in Arizona. They seem like nice people but.............same with Granesty. Why he got re-elected is mind boggling....

The two women from New England is understandable because of the liberal citizens of those states....(Snowe and Collins)

34 posted on 10/17/2010 8:52:59 PM PDT by goat granny
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To: 2ndDivisionVet

As usual, they get their information wrong. Obamacare is mandated health care, with fines if not purchased.


35 posted on 10/17/2010 8:56:59 PM PDT by wastedyears (Know this, I will return to this land... rebuild where the ruins did stand)
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To: txhurl
Unconstitutional. You can’t require that someone BUYS something.

Pre Roe v Wade, who would have believed it would be legal to murder babies?

36 posted on 10/17/2010 9:11:33 PM PDT by Graybeard58 (Nobody reads tag lines.)
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To: TexasKate

Flemming v. Nestor (1960)

You actually have NO right to Social Security.


37 posted on 10/17/2010 11:25:27 PM PDT by Cololeo
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To: Soul Seeker

Leftists abound on circuit and district courts. As for SCOTUS, they know that Kagan will recuse herself on nearly half of cases, including this one. That leaves us with ties on the high court, resulting in lower court decisions standing.

What most missed is that the nation chose 1-party rule in Nov/08. All things changed - nothing is the same. And, no - we aren’t just in a cycle.


38 posted on 10/18/2010 3:45:25 AM PDT by anniegetyourgun
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To: 2ndDivisionVet

once you KNOW someone is delusional, you can pretty much ignore what they say about everything.....


39 posted on 10/18/2010 4:44:27 AM PDT by The Wizard (Madam President is my President now and in the future)
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To: Cololeo
I believe before they are done they will seize, or at least attempt to seize our private pensions (401) to fund additional govt programs

As for a civil war, I also believe He would order the Army to mow down the opposition, just like the Chinese did in the square. They are dangerous, fanatical, entitled, and in power.

40 posted on 10/18/2010 5:45:38 AM PDT by reefdiver ("Let His day's be few And another takes His office")
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