Will Republicans flee to Canada now that the government has taken over healthcare? Will they be surprised by what they find when they get there? Will Republicans decry this act of judicial activism as vehemently as they did Bush v Gore?
Green Lantern Theory of the presidency, and it refers to the notion that the POTUS has these immense powers of persuasion that if only he'd use them could convince, in this case, right wing republicans (who met and agreed to fight Obama on EVERYTHING before he was inaugurated) would have gone along with socialized medicine in the U.S.
You just have to ignore all the political realities in the U.S. circa 2009 to believe it. The Democratic author of the bill, Baucus, was a puppet of the insurers and hired a f'ing insurance company VP to write the law. The idea that a single payer system killing off insurers makes it into a bill that even gets a serious hearing is wishful thinking at its finest, and the idea that a single payer system that would eliminate the market for some of the U.S. largest companies could get 60 votes is just absurd.
1) Congress can pass another law; e.g. there is absolutely no legal reason it can pass a law that explicitly suspends subsidies for states that don't run their own exchanges, or overturns the ACA. If you've got the votes, of course.
2) Justices can be impeached.
3) The Constitution can be modified, either via amendment or a Convention.
There are numerous other flaws in the US Constitution, but this is not the thread to review those problems. Anyway...
hahahahathe only thing we can hope now is that in 2016 we get a republican president
Good luck with that.
The opponents of the law will also need a filibuster-proof majority in the Senate, which is highly unlikely. Then, they'll need to fight the health care industry, most of which has already adapted to the new system at no small expense. Then, someone has to explain why the people who lambasted the ACA for pushing people off their old plans and onto new plans, are going to completely take away health insurance from about 18 million people. These are the same politicians who have not offered a real replacement, despite this whole process starting in 2010.
Let's not forget that merely referring to it as "Obamacare" drives down poll numbers; that calling it the ACA in a poll boost support by several points -- and that many of the provisions are, in fact, highly popular. E.g. in 2014:
- Extension of dependent coverage: 80% approval
- Close Medicare donut hole: 79%
- Subsidies: 77%
- Eliminate copays for preventative care: 77%
- Medicaid expansion: 74%
- Guaranteed issue: 70%
- Medical loss ratio: 62%
- Increase Medicare payroll tax on upper income: 56%
- Individual mandate/penalty: 35%
(And as usual, we see how the American public wants benefits, but doesn't want to pay for it. Big shock.)
Sorry dude, but this war's pretty much over.
Like it or not, any law (as the constitution) means only what a given judge on a given day in a given instance, thinks it means.
It's that simple.
If Congress disagrees, they need to rewrite the legislation to more explicitly express their desires.
So there's a mechanism in place to override this, and if the will of the American people agrees with your position, Congress & the president will react accordingly (through political force and the citizen's power of their vote).
"Small people talk about people, average people talk about events, great people talk about ideas" Eleanor Roosevelt