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Thread: Supreme Court health care arguments under way

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    Supreme Court health care arguments under way

    WASHINGTON (AP) — With demonstrators chanting outside, the Supreme Court began hearing arguments Monday on the fate of President Barack Obama's historic health care overhaul, no less controversial two years after Democrats pushed it to passage in Congress. Twenty-six states are leading the legal challenge, while Republican presidential candidates are vowing to repeal it after throwing Obama out of office.
    Here is my prediction: The Supreme Court will uphold parts of Obamacare, while striking down other parts of the law, specifically the requirement that everybody obtain health insurance or face penalties. While it is true that states require you to purchase car insurance, this is done by the states, NOT by the Federal government, and I believe that this is where SCOTUS will draw the line.

    Discussion?

    Article is here.
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    Re: Supreme Court health care arguments under way

    states require car insurance.

    lenders require flood insurance, including for federally-backed mortgages.

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by danarhea View Post
    Here is my prediction: The Supreme Court will uphold parts of Obamacare, while striking down other parts of the law, specifically the requirement that everybody obtain health insurance or face penalties. While it is true that states require you to purchase car insurance, this is done by the states, NOT by the Federal government, and I believe that this is where SCOTUS will draw the line.

    Discussion?

    Article is here.
    They are going to punt on the individual mandate. Since you cannot sue about taxes until after you have gone into effect, and that portion does not go into effect till 2014, they will not rule on that portion. They actually have ~1/3 of the time scheduled to discuss standing on that portion of the suit.
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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Redress View Post
    They are going to punt on the individual mandate. Since you cannot sue about taxes until after you have gone into effect, and that portion does not go into effect till 2014, they will not rule on that portion. They actually have ~1/3 of the time scheduled to discuss standing on that portion of the suit.
    You assume they will consider it a "tax." That was a cover which was invented only after questions of constitutionality under the Commerce Clause arose.
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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by danarhea View Post
    Here is my prediction: The Supreme Court will uphold parts of Obamacare, while striking down other parts of the law, specifically the requirement that everybody obtain health insurance or face penalties. While it is true that states require you to purchase car insurance, this is done by the states, NOT by the Federal government, and I believe that this is where SCOTUS will draw the line.

    Discussion?

    Article is here.
    I'm hoping the mandate portion is identified as unconstitutional, because I believe it is in my opinion. There are sections of the bill that do make sense and that should be kept but the main issue for me is, no matter what happens - ObamaCare has to be scrapped financially and reworked.... the cost savings are not there. The costs are 1.2 trillion higher than expected which means politicians over promised as politicians often do, and now reality sets in. We'll go broke. If portions of it like the mandate are struck down, we'll STILL have to rework it because the bill basically cannot fund itself, so it'll have to be reworked anyway. It could go into a single payer system, it could be a system which allows competition across state lines, it could include a total restructuring of health care such that the "insurance" we use isn't used as a payment plan, but is actually used as insurance.

    There's a few ways it could go that would be BETTER... but I have faith in our political system to **** it up royally and choose a worse option than ObamaCare. After all... the more politicians **** our lives up, the more job security they have by taking the next 30 years to "fix" it.
    “I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Thunder View Post
    states require car insurance.

    lenders require flood insurance, including for federally-backed mortgages.
    States do not require people to purchase cars, nor purchase houses.... which invalidates your "requirement" argument as it applies to ObamaCare and the mandate.
    “I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Supreme Court health care arguments under way

    the first ruling will be whether the penalty amounts to a tax.

    The problem is the Anti-Injunction Act, which dates to 1867. It says, “No suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person.”
    Q&A: The details of the Supreme Court's healthcare debate - latimes.com

    the argument is that the mandate cannot be thrown out before someone actually has to pay the penalty for not buying health insurance.

    i'm curious to see the outcome of this.

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Ockham View Post
    States do not require people to purchase cars, nor purchase houses.... which invalidates your "requirement" argument as it applies to ObamaCare and the mandate.
    states require parents to feed, cloth, house, & educate their children.

    you think these things are free?

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by danarhea View Post
    Here is my prediction: The Supreme Court will uphold parts of Obamacare, while striking down other parts of the law, specifically the requirement that everybody obtain health insurance or face penalties. While it is true that states require you to purchase car insurance, this is done by the states, NOT by the Federal government, and I believe that this is where SCOTUS will draw the line.

    Discussion?

    Article is here.
    I think the individual mandate will be upheld.

    The Federal government has the power to tax, that's a given. Does it have the power to tax if you don't do something? I think SCOTUS will find that it does. If not, Obamacare is gutted.
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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Thunder View Post
    states require parents to feed, cloth, house, & educate their children.

    you think these things are free?
    The government doesn't require people to have children either.
    “I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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