Page 1 of 6 123 ... LastLast
Results 1 to 10 of 55

Thread: Ga. governor to name special AG for health lawsuit

  1. #1
    Banned
    Join Date
    Mar 2009
    Location
    Naperville, IL
    Last Seen
    09-24-12 @ 02:14 PM
    Gender
    Lean
    Moderate
    Posts
    11,963

    Ga. governor to name special AG for health lawsuit

    Ga. governor to name special AG for health lawsuit

    Speaking at a news conference Thursday, the Republican governor said he plans to assemble a team of pro bono lawyers to file the suit after Attorney General Thurbert Baker, a Democrat, declined Perdue's request to sue.

    "I think in this economy, in this America that we all grew up in and love, forcing people to purchase things they don't want to purchase, I think, violates a constitutional right that they have," Perdue said.
    Why, you ask? Why hire a "Special AG" when you already got a perfectly good one?

    Well, when the elected AG tells you:

    Baker wrote in a letter to the governor Wednesday that the state doesn't have "a viable legal claim" and that he didn't want to waste state resources in a time of budget crisis.
    The State does not have a viable legal claim.

    So, when you don't get the answer you want, hire someone to give you that answer... With Tax-payer dollars.

    Nice.

  2. #2
    Pragmatist
    SouthernDemocrat's Avatar
    Join Date
    Jun 2005
    Location
    KC
    Last Seen
    Today @ 11:58 AM
    Gender
    Lean
    Moderate
    Posts
    17,419

    Re: Ga. governor to name special AG for health lawsuit

    Of course they don't have a viable legal claim. The federal government will enforce the health insurance mandate with the federal income tax code. You certainly cannot constitutionally challenge the federal governments ability to create penalties, credits, or deductions in the federal income tax code, thus the states have no case and its all a political stunt.
    "You're the only person that decides how far you'll go and what you're capable of." - Ben Saunders (Explorer and Endurance Athlete)

  3. #3
    Sage
    Harry Guerrilla's Avatar
    Join Date
    Dec 2008
    Location
    Not affiliated with other libertarians.
    Last Seen
    09-01-17 @ 02:38 PM
    Gender
    Lean
    Libertarian
    Posts
    28,955

    Re: Ga. governor to name special AG for health lawsuit

    Quote Originally Posted by SouthernDemocrat View Post
    Of course they don't have a viable legal claim. The federal government will enforce the health insurance mandate with the federal income tax code. You certainly cannot constitutionally challenge the federal governments ability to create penalties, credits, or deductions in the federal income tax code, thus the states have no case and its all a political stunt.
    Maybe they should start challenging that, it's wrong to subvert the legal process with taxation.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  4. #4
    Pragmatist
    SouthernDemocrat's Avatar
    Join Date
    Jun 2005
    Location
    KC
    Last Seen
    Today @ 11:58 AM
    Gender
    Lean
    Moderate
    Posts
    17,419

    Re: Ga. governor to name special AG for health lawsuit

    Quote Originally Posted by Harry Guerrilla View Post
    Maybe they should start challenging that, it's wrong to subvert the legal process with taxation.
    Tough luck with that one though. The bulk of the federal tax code consists of various behavioral inducements and penalties.
    "You're the only person that decides how far you'll go and what you're capable of." - Ben Saunders (Explorer and Endurance Athlete)

  5. #5
    Sage
    Taylor's Avatar
    Join Date
    Aug 2009
    Location
    US
    Last Seen
    Today @ 02:31 PM
    Lean
    Undisclosed
    Posts
    6,170

    "I absolutely reject that notion!" -- Barry

    Quote Originally Posted by SouthernDemocrat View Post
    Of course they don't have a viable legal claim. The federal government will enforce the health insurance mandate with the federal income tax code. You certainly cannot constitutionally challenge the federal governments ability to create penalties, credits, or deductions in the federal income tax code, thus the states have no case and its all a political stunt.
    Obama (the constitutional law professor) disagrees...

    OBAMA: No. That’s not true, George. The — for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase. What it’s saying is, is that we’re not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase....

    Obama: Requiring health insurance is not a tax increase - CNN.com

    CNSNews.com - Obama Says Health Insurance Mandate Is Not A Tax Increase

  6. #6
    Sage
    Harry Guerrilla's Avatar
    Join Date
    Dec 2008
    Location
    Not affiliated with other libertarians.
    Last Seen
    09-01-17 @ 02:38 PM
    Gender
    Lean
    Libertarian
    Posts
    28,955

    Re: Ga. governor to name special AG for health lawsuit

    Quote Originally Posted by SouthernDemocrat View Post
    Tough luck with that one though. The bulk of the federal tax code consists of various behavioral inducements and penalties.
    I understand but they can't keep doing the same crap over and over again, states are supposed to have a level of sovereignty.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  7. #7
    Pragmatist
    SouthernDemocrat's Avatar
    Join Date
    Jun 2005
    Location
    KC
    Last Seen
    Today @ 11:58 AM
    Gender
    Lean
    Moderate
    Posts
    17,419

    Re: "I absolutely reject that notion!" -- Barry

    Quote Originally Posted by Taylor View Post
    Obama (the constitutional law professor) disagrees...

    OBAMA: No. That’s not true, George. The — for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase. What it’s saying is, is that we’re not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase....

    Obama: Requiring health insurance is not a tax increase - CNN.com

    CNSNews.com - Obama Says Health Insurance Mandate Is Not A Tax Increase
    It is not really a tax increase. It is a new tax penalty that applies to those that do not have insurance. Of course if you can't afford health insurance, there will be subsidies to help you purchase it.

    From a legal perspective its a penalty added to the tax code and that is, right or wrong, perfectly constitutional.
    "You're the only person that decides how far you'll go and what you're capable of." - Ben Saunders (Explorer and Endurance Athlete)

  8. #8
    Sage
    Taylor's Avatar
    Join Date
    Aug 2009
    Location
    US
    Last Seen
    Today @ 02:31 PM
    Lean
    Undisclosed
    Posts
    6,170

    Re: "I absolutely reject that notion!" -- Barry

    Quote Originally Posted by SouthernDemocrat View Post
    From a legal perspective its a penalty added to the tax code and that is, right or wrong, perfectly constitutional.
    Congress' taxation power is "perfectly constitutional" - this is a penalty for not complying with a mandate. Where in the Constitution is congress granted the power to mandate that one person must buy a service from another person?

  9. #9
    Pragmatist
    SouthernDemocrat's Avatar
    Join Date
    Jun 2005
    Location
    KC
    Last Seen
    Today @ 11:58 AM
    Gender
    Lean
    Moderate
    Posts
    17,419

    Re: "I absolutely reject that notion!" -- Barry

    Quote Originally Posted by Taylor View Post
    Congress' taxation power is "perfectly constitutional" - this is a penalty for not complying with a mandate. Where in the Constitution is congress granted the power to mandate that one person must buy a service from another person?
    You can face tax penalties and get tax incentives for a variety of reasons. For example, if you have kids, you get a tax deduction for them and a child tax credit. That is one way of putting it. The other way of putting it is that the government has a mandate for you to have kids, and if you don't have kids, there are potential tax penalties that can amount to several thousand dollars. Thus, as you can see the government mandates that you procreate.

    How is that different than a tax penalty for not having health insurance? The fact is, from a legal perspective it isn't.

    Another example of this are the tax credits for energy efficiency improvements on your home. Basically, the government is mandating that you purchase items like energy efficient windows, storm doors, and more insulation for your home, otherwise your taxes are higher than they otherwise would be.
    Last edited by SouthernDemocrat; 03-25-10 at 11:23 PM.
    "You're the only person that decides how far you'll go and what you're capable of." - Ben Saunders (Explorer and Endurance Athlete)

  10. #10
    Sporadic insanity normal.


    The Mark's Avatar
    Join Date
    Sep 2005
    Location
    Pennsylvania
    Last Seen
    12-13-17 @ 11:43 PM
    Gender
    Lean
    Independent
    Posts
    19,736

    Re: "I absolutely reject that notion!" -- Barry

    Quote Originally Posted by Taylor View Post
    Congress' taxation power is "perfectly constitutional" - this is a penalty for not complying with a mandate. Where in the Constitution is congress granted the power to mandate that one person must buy a service from another person?
    From reading this thread, it appears that it is unconstitutional (according to some interpretations) to force someone to purchase something, but constitutional (according to some interpretations) to fine/tax them if they don't?


    If that makes any sense at all...
    Education.

    Sometimes I think we're alone. Sometimes I think we're not. In either case, the thought is staggering. ~ R. Buckminster Fuller

Page 1 of 6 123 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •