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Thread: Supreme Court Upholds Obama Health Care Subsidies[W:700]

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by OrphanSlug View Post
    Then you concede that the Supreme Court can craft legislation, that is what happened today. ACA language does not support this decision, political intention trumps what words mean.

    That is exactly Right OS And Scalia called it out for what it is. He was Correct about the Acts reform and the States involvement.





    Scalia wrote. "Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved." Scalia went on to describe the Court's ruling as the "defense of the indefensible," "somersaults of statutory interpretations," and said, "We should start calling this law SCOTUScare."

    "Worst of all for the repute of todayís decision, the Courtís reasoning is largely self-defeating. The Court predicts that making tax credits unavailable in States that do not set up their own Exchanges would cause disastrous economic consequences there. If that is so, however, wouldnít one expect States to react by setting up their own Exchanges? And wouldnít that outcome satisfy two of the Actís goals rather than just one: enabling the Actís reforms to work and promoting state involvement in the Actís implementation? The Court protests that the very existence of a federal fallback shows that Congress expected that some States might fail to set up their own Exchanges."

    "The cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites. I dissent." .....snip~

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by jmotivator View Post
    Since it was voted into law the American people have been against the law. While I disagree with the SOCTUS ruling, I guess the upside is that Democrats can't run from this legislation anymore.
    Awful, they have to own this?


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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by Texmex View Post
    Good news indeed!
    Congratulations, Liberals, you got your wish, you get your personal healthcare paid for by the producers in this country. The least you can do is say thank you. Love seeing my tax dollars going to people who are overweight, drinkers, druggies, and in general never take care of themselves. What a great country!!

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by SouthernDemocrat View Post
    Yes Conservatives have never written a bill that was challenged in any way in the courts.......
    I dont recall saying that. Whats with the strawman?

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by ludin View Post
    him and the rest of them should be arrested and removed from the bench for failure to do their job and uphold the constitution.
    And of course, that will never come to pass. ('fortunately' or 'unfortunately', depending upon one's P.O.V.)

    I had a very savvy Grammar School teacher, a Polish nun that lived through the Third Reich and later immigrated to America - and at a very young age, in our U.S. history class, she beat into our heads that the most important legacy of a U.S. President is his Supreme Court nominations.

    It took me until adulthood to realize just how right she was.
    Last edited by Chomsky; 06-25-15 at 12:37 PM. Reason: spelling
    "When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

    The 10 Commandments of Logic - (Courtesy of Abbazorkzog Blog)

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by JasperL View Post
    Healthcare is 17% of the economy, so surely part of their job is to "fix" that. Their campaign pledge was repeal and replace. If they don't want to fix the ACA, then propose their own plan. Or just repeal it and let millions with insurance today go back to being uninsured, etc.
    I'd rather they focus on 83% of the economy, as opposed to those who ignored it to make a mess of 17% of it.
    President Donald J Trump, 45th President of the United States of America. A victory born in the hearts and minds of Everyday Americans

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by MMC View Post
    AMERICA.....HAS JUST BEEN GRUBERED!
    agreed

    but i also realize that you could not help yourself
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    Quote Originally Posted by BrewerBob View Post
    The Democrats couldn't be more tone deaf if they had their eardrums incinerated with a hot poker.
    Quote Originally Posted by apdst View Post
    Why confuse things with facts?

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by JasperL View Post
    There have been lots of conversations about this case elsewhere, but the bottom line is the SC really had one question - did Congress intend for this result, and if they did, then they eliminate the subsidies for the states who didn't set up their own exchanges. If the SC determines that in context etc. that Congress clearly did NOT intend this result, i.e. it was a drafting or could have been an error, then the law says the SC should read the law in its entirety and defer to the interpretation of the law by the relevant regulatory bodies, which determined that all states qualified for subsidies.

    I'm not a constitutional lawyer, so the terms may be off, but that is the simple concept.

    And yes, Congressional (aka political) intent does matter - a string of court cases confirm it. And this is just a MAJOR part of the law. I didn't read all of Scalia's dissent - skimmed it - but I'm almost certain he can't point to a single minute of testimony by anyone in Congress in support of or in opposition to denying credits to states who don't establish exchanges. The reason is EVERYONE, including the states themselves, assumed that credits would be available on the Federal exhanges. Everyone. Until some eagle eye read the law and found this drafting.... oddity. It's just inconceivable that such a major provision was the subject of no debate and was intentionally written so vaguely that no one knew about it until many months after the bill was passed and signed.
    The point that everyone is missing here is process. We have one, there is remedy, and that is repair the legislation which should be a Congressional matter. It is not the job of the Supreme Court to rectify by replacement failed legislative crafting, but that is what happened here today. The dissent is right, the meaning of words and the purpose of the courts has been removed for politics. Intention does matter, but the argument for the intention directly conflicts with the ACA wording. In multiple places, you cannot discount that.

    And I did read all of the decision, and all of the dissent.
    "Every time something really bad happens, people cry out for safety, and the government answers by taking rights away from good people." - Penn Jillette.

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by SouthernDemocrat View Post
    The irony here is striking. The majority is accused of legislating from the bench because they did not strike down a key provision of the ACA on a legal technicality due to an ambiguously worded phrase in a 900 page bill. To any reasonable individual, not blinded by partisanship, the three dissenters were the obvious judicial activists in this one.
    Logic fail.

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    re: Supreme Court Upholds Obama Health Care Subsidies[W:700]

    Quote Originally Posted by ludin View Post
    then please tell me what they can pass to fix this mess (there is no fixing this the way the bill is by the way) that Obama won't veto or democrats won't filibuster?
    enlighten us.
    as you earlier indicated, they can scrap ACA/Obamacare
    and replace it with medicare for all
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    Quote Originally Posted by BrewerBob View Post
    The Democrats couldn't be more tone deaf if they had their eardrums incinerated with a hot poker.
    Quote Originally Posted by apdst View Post
    Why confuse things with facts?

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