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Affordable Care Act SCOTUS Decision--Live Thread
SCOTUSblog ^ | June 28, 2012 | SCOTUSblog

Posted on 06/28/2012 4:56:21 AM PDT by John W

Today is the day. SCOTUSblog live at 8:45 AM.

(Excerpt) Read more at scotusblog.wpengine.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: abortion; backstabberromney; benedictromney; bho44; bhohealthcare; bhoscotus; deathpanels; doomandgloomers; etchasketch; fumr; mitt4romney; natteringnabobs; natterynaybobs; obama4romney; obamacare; obamaoneanddone; obamawhite; obamneycare; promisethemanything; romney4nytimes; romney4romney; romneyantigop; romneycare; ruling; saynotomitt; verminromney; zerocare
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To: waxer1
YES OR NO? Does this ruling morphing the mandate into a tax mean it has to go back to Congress? I hope Rush discusses this today.
521 posted on 06/28/2012 8:13:46 AM PDT by PJ-Comix (You're screwy! You're spaced! You lost the recall race!)
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To: All
From the Dissent:
The Constitution, though it dates from the founding ofthe Republic, has powerful meaning and vital relevanceto our own times. The constitutional protections that this case involves are protections of structure. Structural protections—notably, the restraints imposed by federalism and separation of powers—are less romantic and have less obvious a connection to personal freedom than the provisions of the Bill of Rights or the Civil War Amendments. Hence they tend to be undervalued or even forgotten by our citizens. It should be the responsibility of the Court to teach otherwise, to remind our people that the Framers considered structural protections of freedom the most important ones, for which reason they alone were embodied in the original Constitution and not left to later amendment. The fragmentation of power produced by the structure of our Government is central to liberty, and when we destroy it, we place liberty at peril. Today’s decision should have vindicated, should have taught, this truth; instead, our judgment today has disregarded it. For the reasons here stated, we would find the Act invalid in its entirety. We respectfully dissent.

522 posted on 06/28/2012 8:13:48 AM PDT by KC Burke (Plain Conservative opinions and common sense correction for thirteen years.)
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To: Windflier
From Scotusblog, seeming to reinforce the emerging idea that the penalty piece of this is actually a tax. And as a tax it takes on a different form.

"Salvaging the idea that Congress did have the power to try to expand health care to virtually all Americans, the Supreme Court on Monday upheld the constitutionality of the crucial – and most controversial — feature of the Affordable Care Act. By a vote of 5-4, however, the Court did not sustain it as a command for Americans to buy insurance, but as a tax if they don’t. That is the way Chief Justice John G. Roberts, Jr., was willing to vote for it, and his view prevailed. The other Justices split 4-4, with four wanting to uphold it as a mandate, and four opposed to it in any form."

523 posted on 06/28/2012 8:14:03 AM PDT by paul544
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To: little jeremiah; Carry_Okie

>> “Roberts is a disgusting piece of slime.” <<

.
Roberts is exactly what we knew he was from day one!

It makes me sick every time someone here praises Roberts.


524 posted on 06/28/2012 8:14:12 AM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they were.)
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To: dragnet2

Obama is just a symptom of the disease, the bottom line is the American people suck, this is what they want. We are the minority.


525 posted on 06/28/2012 8:14:32 AM PDT by dfwgator
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To: Colonel_Flagg

SCOTUS BLOG: “Salvaging the idea that Congress did have the power to try to expand health care to virtually all Americans, the Supreme Court on Monday upheld the constitutionality of the crucial – and most controversial — feature of the Affordable Care Act. By a vote of 5-4, however, the Court did not sustain it as a command for Americans to buy insurance, but as a tax if they don’t. That is the way Chief Justice John G. Roberts, Jr., was willing to vote for it, and his view prevailed. The other Justices split 4-4, with four wanting to uphold it as a mandate, and four opposed to it in any form.”


526 posted on 06/28/2012 8:14:32 AM PDT by StAnDeliver (=)
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To: RummyChick
That's quite interesting. Since the Court decided the "individual mandate" was a tax, under the Anti-Injunction Act (AIA), federal courts should not be hearing ObamaCare cases until it's fully implemented and someone pays a penalty in 2015. That's what the 4th Circuit found while two other Circuits believed AIA didn't apply to the mandate.

Bizarre.

527 posted on 06/28/2012 8:14:37 AM PDT by newzjunkey
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To: Stat Man
The Supreme Court has just declared that Congress can force almost ANYTHING on us (except perhaps telling the truth about military service), so long as the penalty for non-compliance is a tax.

I would have rather Roberts just upheld the commerce clause argument rather than open this pandora's box.

What Roberts did goes far beyond this law.

528 posted on 06/28/2012 8:14:54 AM PDT by JeffAtlanta
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To: over3Owithabrain

This may play out to our advantage. I think the sleepers have been awakened.


529 posted on 06/28/2012 8:14:54 AM PDT by ScottinVA (Buying Drain-O requires photo I.D... yet voting doesn't???)
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To: daisy mae for the usa

Au contraire. If you would rather stay home instead of voting against the Marxist who is already in the WH, then *you* are the Marxist fool.

I’ve got 4 years of Marianist education and 4 more of Jesuit education under my belt. I consider myself quite well educated.


530 posted on 06/28/2012 8:15:02 AM PDT by Windcatcher (Obama is a COMMUNIST and the MSM is his armband-wearing propaganda machine.)
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To: MinuteGal

I’m waiting for his take, too. It has not been a good day, for other reasons also.


531 posted on 06/28/2012 8:15:02 AM PDT by stayathomemom (Beware of kittens modifying your posts.)
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To: Jane Long

Romneys next campaign ad should be of Obama saying over and over that this wasnt going to be a tax!!


532 posted on 06/28/2012 8:15:06 AM PDT by stuck_in_new_orleans
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To: Jane Long

Since it is now considered a tax..someone should file a suit against the waivers because they are granted arbitrarily..since the waivers were not written as a tax bill for the IRS to implement


533 posted on 06/28/2012 8:15:06 AM PDT by fedupjohn
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To: MinuteGal; StarFan
I can't wait to hear Rush today! I'm so outraged right now...

CNN celebrating ... some guy blabbing now, making fun of how "the conservatives' faces in the room just fell when they heard the ruling". Grr!

Fox News dropped their SCOTUS coverage, and has Neil Cavuto talking to Rupert Murdoch? What the F....?

Ugh, Obozo supposed to "address the nation" at 12:15pm, thus pre-empting Rush.

534 posted on 06/28/2012 8:15:32 AM PDT by nutmeg (I'm with Sarah Palin: Anybody But Obama 2012)
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To: paul544
“6-3 overall, but he saved the mandate.”

Pelosi said it would be 6-3....did someone leak?

535 posted on 06/28/2012 8:15:49 AM PDT by hummingbird (Breitbart and Spartacus: here, there, everywhere.)
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To: StAnDeliver
From FOX: Cantor announces the House will begin repeal of Obamacare on July 9. STARVE THE BEAST!

Yes!!!

536 posted on 06/28/2012 8:16:12 AM PDT by tapatio (In memory of my Dad 5-27-26 2-4-2010)
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To: newnhdad

Good!!!

The more EOs the BETTER!!

Let him EO everything from today forward...and reap the rewards. Up until today the DOP has had cover. That cover has been stripped by Roberts and the libs of the court.

Think UNINTENDED CONSEQUENCES.


537 posted on 06/28/2012 8:16:52 AM PDT by Norm Lenhart
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To: Outraged At FLA

It seems as though, with great concern for his legacy, Roberts reads the future of the court as a progressive institution and he is determined t lead it. We now have a five / four progressive court where the majority will search for arguments to legitimize progressive laws.

Now, rhetoric aside, the progressives see the advantage the party in power can benefit by Citizens United. The legislature can use taxing power to coerce individual behavior. Look for a rush of corporate money to elect progressives and gain benefit from Obamacare.

Roberts is merely an opportunist.


538 posted on 06/28/2012 8:16:52 AM PDT by JimSEA
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To: kabar

Oh come on you know passing big taxes are not politically popular.


539 posted on 06/28/2012 8:17:08 AM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: Outraged At FLA

In Obama’s second term we can all be required to purchase Chevy Volts or pay a tax. It’s just a tax so it’s constitutional to do that. I’m thinking GM stock should go up today.


540 posted on 06/28/2012 8:17:18 AM PDT by bkepley
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