Justices poised to strike down entire healthcare law

[BigDaddyBuk]

there was absolutely nothing that occurred within the past 3 days to make anyone think the entire healthcare law would be stricken by the supreme court.

NEVER discuss politics with complete idiots, such as the op of this thread.

 

[divine]

The Individual Mandate is the thread that holds the entire bill together.

 

[BigDaddyBuk]

The Individual Mandate is the thread that holds the entire bill together.

and guess what, those judges do not want the responsibility of going thru that entire law deciding what should and shouldn't stay.

they will report that they feel parts of it were done in poor order, but overall dismantling it is worse than leaving it alone.

 

[Ninja05]

The legal issue is whether Congress can exercise its plenary powers under the commerce clause to regulate economic INACTIVITY.

I have a feeling that it will be upheld in a very limiting decision. But the slippery slope arguments do make sense. If Congress can force you to buy a product, what is the limit? Clearly millions of uninsured individuals affects the aggregate, but is an insurance mandate narrowly tailored to achieve Congress' goal?

5-4 decision. Scalia will write the dissent.

After discussing this shit in depth with two of my Conlaw professors ..they felt the same way. They even think it should be 6-3 with Alito pulling some dumb shit. However, they have no explanation for Bush vs Gore and I think this shit is now hope. And you are right - the slippery slope argument gives them an out - but I don't know if they can justify (slamming it down) after giving Congress and the Commerce Clause such power for so long.

 

[LegalMoney]

For this same reasoning i think its a lame duck.

The fear of abuse is what is going to keep these Judges up at night. This is a historic decision as it will finally give us some guidance to the limits of Congress' plenary powers under the Commerce clause.

If they deem the mandate unconstitutional, then there is a limit to Congress' commerce powers and opponents of any federal initiative will tailor their arguments to the Court's precedence. This decision could be the impetus to limiting the federal government's power and ultimately scaling back the Federal government's reach.

However, if they uphold the mandate, then we still won't establish the heights of Congress' power. Then another over zealous Congress could bring this issue up again with some form of economic inactivity argument.

I still think it will be upheld because it is easier to write a very specific opinion limiting Congress' commerce powers in this instance to health care mandates. Writing an opinion as to why this is over broad would involve more specific legal hedging.

 

[dabest]

After discussing this shit in depth with two of my Conlaw professors ..they felt the same way. They even think it should be 6-3 with Alito pulling some dumb shit. However, they have no explanation for Bush vs Gore and I think this shit is now hope. And you are right - the slippery slope argument gives them an out - but I don't know if they can justify (slamming it down) after giving Congress and the Commerce Clause such power for so long.

Note that if the individual mandate is struck down, it will have serious effects on 1. The viability of the Supreme Court 2. The ability of Congress to do it's job, as the commerce clause will be seriously damaged 3. MORE power to the states, at the expense of the federal government.

This is NOT good!

BTW- I believe that the mandate will narrowly pass.

 

[BDR]

Op = Kingterp = Van Allen = Daddy bitchbucks = 51 simpson rd...

Straight bitch niggas

 

[LegalMoney]

After discussing this shit in depth with two of my Conlaw professors ..they felt the same way. They even think it should be 6-3 with Alito pulling some dumb shit. However, they have no explanation for Bush vs Gore and I think this shit is now hope. And you are right - the slippery slope argument gives them an out - but I don't know if they can justify (slamming it down) after giving Congress and the Commerce Clause such power for so long.

Exactly fam! Congress' commerce clause powers have always been their "ace in the hole". I can't imagine this Court being brave enough to be the ones to curb that power, given the overwhelmingly partisan selection process of the most recent judges.

I look at it like this: the Civil Rights Act of 1964 was enacted via Congress' commerce clause powers. Think about that shit. The only way Congress could force AMERICA to be equitable was to make a similar dormant commerce clause / aggregate affect argument.

Isn't this situation similar? Weren't bigoted hotel owners "forced" to accept patronage from non-whites? Isn't that analogous to economic inactivity?

 

[Laughing Man]

how did they come up with in 93 just asking

This was the Heritage Foundations plan, this was Bob Dole's plan, and this is the basis of RomneyCare, this plan is straight up conservative, hell the same people that crafted RomneyCare helped to craft ObamaCare, it was all cool, until that Negro was for it

And the individual mandate is just paying for the unfunded mandate of hospitals treating people despite their ability to pay, or ReaganCare

 

[KP404]

Wrong.. I'm on record all throughout Bush's 8 years going in on him every day...

This is nothing but Bush's 3rd presidency..

Lying your ass off..you are a republican attention whore and biased...

 

[LegalMoney]

Note that if the individual mandate is struck down, it will have serious effects on 1. The viability of the Supreme Court 2. The ability of Congress to do it's job, as the commerce clause will be seriously damaged 3. MORE power to the states, at the expense of the federal government.

This is NOT good!

BTW- I believe that the mandate will narrowly pass.

Agreed. Props on the discussion in here fellas..

 

[code_pirahna]

The Supreme Court hasn t had respect for a decade now.....

they are nothing but a political extension of the parties...

OH well....fuck it...If America doesn t want healthcare let them die.

This election is on America if they want another recession...fuck em

If they want Mitt Romney the empty suit that tells them what they want to hear...

fuck America...let them burn and die with Mitt.

 

[Laughing Man]

The Supreme Court hasn t had respect for a decade now.....

they are nothing but a political extension of the parties...

OH well....fuck it...If America doesn t want healthcare let them die.

This election is on America if they want another recession...fuck em

If they want Mitt Romney the empty suit that tells them what they want to hear...

fuck America...let them burn and die with Mitt.

Lets hope America is not that stupid, but these fuckers are determined to make "The Hunger Games" fucking real life

 

[Ninja05]

Note that if the individual mandate is struck down, it will have serious effects on 1. The viability of the Supreme Court 2. The ability of Congress to do it's job, as the commerce clause will be seriously damaged 3. MORE power to the states, at the expense of the federal government.

This is NOT good!

BTW- I believe that the mandate will narrowly pass.

I was a little unclear. Basically they think this will pass 5-4 or even 6-3 with Alito saying something crazy ...but ultimately following how he has ruled on this issue in the past. And if they do let it to stand - (cause the mandate is basically the most important)..the opinion will lay out the parameters (as they see it) for seemingly unchecked power of Congress.

But as the brother said above me...the Commerce Clause has been used for all sorts of shit - its a big ass umbrella