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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
    What matters is the language of the law, and in drafting ACA they all failed to take their "floor time" speaking and apply it to the actual language used. The government should have lost the case forcing the remedy to be in Congress, which is how this is supposed to work. The Supreme Court is not supposed to be crafting the law for where Congress failed.
    They didn't craft the law. They ruled that the law, though not clear in this instance, should be enforced in the way that it was clearly intended to be enforced by the people that passed it.

    The courts rule on the intent of the law all the time.

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

    Quote Originally Posted by Anthony60 View Post
    The problem I have with all of this is that it is not something that was written years and years ago, it is a new piece of legislation and they could have written "federal" in there just as easily as the wrote "state". They didn't.
    Words don't matter anymore? Thanks, SCOTUS, you suck.
    The language that you are referencing is four words out of a 900 page bill. Such minor mistakes in the language are extremely common and, in any other ordinary political climate, such a mistake would have been fixed as a rather routine practice. But given the Republican's antithesis to any remote resemblance of an attempt to work with the President on this issue (or nearly any other issue before the Trade Agreement), such a fix had to wait until it got all the way to the Supreme Court.

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

    Quote Originally Posted by Anthony60
    I just heard a little bit of Obama speaking. One thing he mentioned was keeping premiums down. I just wonder how anyone on the left swallows that one, and still claims to have integrity. He will keep lying as long as they keep supporting it.
    Hmmm...my insurance dropped to $80 per month, no co-pay, no prescription fee, no difference whether in-vs-out of network coverage, no deductible. I pay $80 a month, and I can get literally any health care I need with no out-of-pocket cost. Ditto the other members of my immediate family. Most of the people I know experienced similar salutary effects. I don't know anyone whose premium increased. The stories I've read of people who did have increased premiums were of people who had super-high deductibles and co-pays or something beforehand, which plans the insurance companies decided to drop.

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

    Quote Originally Posted by Anthony60 View Post
    The problem I have with all of this is that it is not something that was written years and years ago, it is a new piece of legislation and they could have written "federal" in there just as easily as the wrote "state". They didn't.
    Words don't matter anymore? Thanks, SCOTUS, you suck.
    The language that you are referencing is four words out of a 900 page bill. Such minor mistakes in the language are extremely common and, in any other ordinary political climate, such a mistake would have been fixed as a rather routine practice. But given the Republican's antithesis to any remote resemblance of an attempt to work with the President on this issue (or nearly any other issue before the Trade Agreement), such a fix had to wait until it got all the way to the Supreme Court.

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

    Quote Originally Posted by OrphanSlug View Post
    Too many threads on this, but this is more or less my post for the other one...

    The dissenting opinion is right, this decision is a gross misinterpretation of the actual ACA language. Some seven times in ACA is specifies subsidies and tax credits though "Exchange established by the State." The majority in this 6-3 decision just decided that the Secretary of Health and Human Services, and by extension, the Department of Health and Human Services equates to a State. The argument can now be made that by precedence on what is equal to a State. If a law references a State, the Federal government can now argue any relevant department is now capable of being involved in that definition.
    I don't know that this would stand up as a de-facto repeal of the 10th Amendment but this country has been heading that way for a good 70 years now. This decision is disappointing but certainly not surprising.

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

    Quote Originally Posted by pbrauer View Post
    No, I not saying that at all. All rulings are not the same. Bringing down Obamacare would be especially messy as it would be the cause of many deaths of many people who depend upon Obamacare.
    Utter nonsense. This ruling doesn't affect those who were fortunate enough to now qualify under the ACA for Medicaid coverage which is by far the vast majority of newly ensured. I'd love for you to provide one credible source (just a hint, that's not Media Matters) that projected that "many deaths of many people" would result if the ruling was the opposite.
    A Canadian conservative is one who believes in limited government and that the government should stay out of our wallets and out of our bedrooms.

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

    Quote Originally Posted by Lutherf View Post
    I don't know that this would stand up as a de-facto repeal of the 10th Amendment but this country has been heading that way for a good 70 years now. This decision is disappointing but certainly not surprising.
    A de-facto repeal of the 10th amendment occurred looong before this decision. This quote comes from US v. Darby Lumber (1941):

    "The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers."

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

    AMERICA.....HAS JUST BEEN GRUBERED!

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

    Quote Originally Posted by roughdraft274 View Post
    They didn't craft the law. They ruled that the law, though not clear in this instance, should be enforced in the way that it was clearly intended to be enforced by the people that passed it.

    The courts rule on the intent of the law all the time.
    They did craft the law, the upheld an argument for which the ACA legislation does not say.
    "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]

    It's good to see Roberts is somewhat sane. He is so unlike Alito, Scalia and Thomas in that regard.

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