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Old 02-03-2011, 08:53 AM
 
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The fate of Obama's health care reform law will hinge on the Supreme Court. Many lower courts have ruled in favor of the law and some ruled against the law.The Roberts court is extremely pro-corporate and the individual mandate is extremely pro-corporate. "Obamacare" is extremely pro-corporate. I think the Supreme Court will rule in favor of keeping the law as it will be deemed Constitutional.
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Old 02-03-2011, 09:05 AM
 
16,545 posts, read 13,452,677 times
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Originally Posted by Winter_Sucks View Post
The fate of Obama's health care reform law will hinge on the Supreme Court. Many lower courts have ruled in favor of the law and some ruled against the law.The Roberts court is extremely pro-corporate and the individual mandate is extremely pro-corporate. "Obamacare" is extremely pro-corporate. I think the Supreme Court will rule in favor of keeping the law as it will be deemed Constitutional.
Maybe, but it IS unconstitutional. I personally think it will be a 5-4. The 4 Progressives that don't care about the Constitution will vote in favor of it.
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Old 02-03-2011, 09:08 AM
 
24,832 posts, read 37,344,316 times
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Originally Posted by SourD View Post
Maybe, but it IS unconstitutional. I personally think it will be a 5-4. The 4 Progressives that don't care about the Constitution will vote in favor of it.
I think you are right, time will tell.
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Old 02-03-2011, 09:14 AM
 
Location: Houston, Tx
3,644 posts, read 6,305,063 times
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The last ruling struck it down completely and ther has been no stay of the judge's ruling so right now the law does not exist. No company, state, or individual has to comply with any part of it. If the supreme court wanted to say it was unconstitutional they could simply refuse to take up the case and let it stay dead. If the chief justice is against it he may choose that option instead of taking it to the full court and risking a vote.
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Old 02-03-2011, 09:24 AM
 
9,848 posts, read 8,281,707 times
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Originally Posted by Winter_Sucks View Post
The fate of Obama's health care reform law will hinge on the Supreme Court. Many lower courts have ruled in favor of the law and some ruled against the law.The Roberts court is extremely pro-corporate and the individual mandate is extremely pro-corporate. "Obamacare" is extremely pro-corporate. I think the Supreme Court will rule in favor of keeping the law as it will be deemed Constitutional.
You can't force someone to buy something as a condition of just being here in the United States, that is not Constitutional.
Only the Justices that make it up as they go along and don't go by the Federalist papers or the Constitution would agree with you.

You don't have to drive, or get a gun, or fly a plane, so though they require licenses they are not required for everyone unless you want to do it.

Plus people won't like the $5000 fines to be collected by the IRS.
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Old 02-03-2011, 09:27 AM
 
9,848 posts, read 8,281,707 times
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Originally Posted by rogerbacon View Post
The last ruling struck it down completely and ther has been no stay of the judge's ruling so right now the law does not exist. No company, state, or individual has to comply with any part of it. If the supreme court wanted to say it was unconstitutional they could simply refuse to take up the case and let it stay dead. If the chief justice is against it he may choose that option instead of taking it to the full court and risking a vote.
PLUS, for some reason there is no severability clause in that bill, so if any part gets struck down, the whole thing gets automatically voided.

Lawrence O'Donnell: Democrats Made Huge Mistake Not Putting Severability In ObamaCare | NewsBusters.org
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Old 02-03-2011, 09:33 AM
 
24,832 posts, read 37,344,316 times
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Originally Posted by RCCCB View Post
PLUS, for some reason there is no severability clause in that bill, so if any part gets struck down, the whole thing gets automatically voided.

Lawrence O'Donnell: Democrats Made Huge Mistake Not Putting Severability In ObamaCare | NewsBusters.org
That happens when they don't read the bill....LOL
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Old 02-03-2011, 09:39 AM
 
30,065 posts, read 18,665,937 times
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Originally Posted by Winter_Sucks View Post
The fate of Obama's health care reform law will hinge on the Supreme Court. Many lower courts have ruled in favor of the law and some ruled against the law.The Roberts court is extremely pro-corporate and the individual mandate is extremely pro-corporate. "Obamacare" is extremely pro-corporate. I think the Supreme Court will rule in favor of keeping the law as it will be deemed Constitutional.

It is fairly obvious that the bill is unconstitutional. Congress cannot compel someone to purchase a product that they do not want. This is a little different than auto insurance, in that the policy protects against civil damage inflicted by one upon another. In the instance of healthcare, there is no civil liability and is simply a decree from others who feel as though thier fellow citizens should purchase a particular product. The purchase of Obamacare mandated by congress has all the validity of a mandate to buy any other product- this is quite simply unconstitutional.
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Old 02-03-2011, 09:39 AM
 
56,988 posts, read 35,198,461 times
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This SCOTUS is so erratic, that i wouldn't put money on any prognostications where the Healthcare bill is concerned. And i'm not so sure that if the conservative wing finds it to be unconstitutional, that they'll let it override their pro-corporate leanings. Scalia maybe, but not the others. Alito is said to be a strict constructionist, but Judge Napolitano, who is a very good friend of his and Alito's college roomate at Princeton, says that even he wouldn't have confirmed Alito because Alito's rulings show a stong leaning towards the power of the state over the power of the individual. Doesn't sound very constructionist to me.

That said...i'm waiting in anticipation.
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Old 02-03-2011, 09:44 AM
 
9,848 posts, read 8,281,707 times
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Originally Posted by Driller1 View Post
That happens when they don't read the bill....LOL
Democrats said it had to be voted on first before it could be read.
If we didn't have so many on the dole with great society programs and government employment union jobs the Democrats could never get elected IMO.
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