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Thread: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

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    Thumbs up Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    It is fantastic to hear this. It would be even better if it's not a 5-4 Decision to strike the mandate, but I don't think that's going to be likely.



    ...JUSTICE KENNEDY: But the reason, the reason this is concerning, is because it requires the individual to do an affirmative act. In the law of torts our tradition, our law, has been that you don't have the duty to rescue someone if that person is in danger. The blind man is walking in front of a car and you do not have a duty to stop him absent some relation between you. And there is some severe moral criticisms of that rule, but that's generally the rule.

    And here the government is saying that the Federal Government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases and that changes the relationship of the Federal Government to the individual in the very fundamental way.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Where is the second part of the hearing when he begins to acknowledge the benefits of the mandate? They grilled the both sides equally, like any responsible justice would proceed to do. Only one half of the story....it could almost be a Fox News report.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Even Toobin over at TPM said it looks like a trainwreck for the administration on the mandate.

    Toobin: 'This Law Looks Like It's Going To Be Struck Down' | TPM Livewire

    Scotusblog said it was a bad day for the Obama team.
    Argument recap: It is Kennedy’s call (FINAL UPDATE 3:14 pm) : SCOTUSblog

    Its probably going to come down to Kennedy again.
    The larger problem is if they strike down the mandate and leave the regulations in place, the insurance companies will file suit because they will be forced out of business without the mandate. The mandate on the other hand unfairly burdens those in good health especially in their 20s where health insurance usually is a precaution more than a neccessity.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by SypherAL View Post
    Where is the second part of the hearing when he begins to acknowledge the benefits of the mandate? They grilled the both sides equally, like any responsible justice would proceed to do. Only one half of the story....it could almost be a Fox News report.
    If the court decides that the mandate oversteps legal boundaries then the benefits are completely irrelevant. The court hearing isn't a cost-benefit analysis, it's strictly a legal matter.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by OpportunityCost View Post
    Even Toobin over at TPM said it looks like a trainwreck for the administration on the mandate.

    Toobin: 'This Law Looks Like It's Going To Be Struck Down' | TPM Livewire

    Scotusblog said it was a bad day for the Obama team.
    Argument recap: It is Kennedy’s call (FINAL UPDATE 3:14 pm) : SCOTUSblog

    Its probably going to come down to Kennedy again.
    The larger problem is if they strike down the mandate and leave the regulations in place, the insurance companies will file suit because they will be forced out of business without the mandate. The mandate on the other hand unfairly burdens those in good health especially in their 20s where health insurance usually is a precaution more than a neccessity.

    The stench of the crap created by the New Deal courts come back to haunt us.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by SypherAL View Post
    Where is the second part of the hearing when he begins to acknowledge the benefits of the mandate? They grilled the both sides equally, like any responsible justice would proceed to do. Only one half of the story....it could almost be a Fox News report.
    benefits should play no role

    either congress has the power or it doesn't. and but for the stench of the wickard v. Filburn, we'd never be saddled with this sort of unconstitutional nonsense

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by TurtleDude View Post
    benefits should play no role

    either congress has the power or it doesn't. and but for the stench of the wickard v. Filburn, we'd never be saddled with this sort of unconstitutional nonsense
    Weird how it only became unconstitutional when Democrats supported it.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by Deuce View Post
    Weird how it only became unconstitutional when Democrats supported it.
    Ever heard of a bridge too far?
    The Affordable HealthCare Act was that bridge.

    If you check you will find that Wickard v Filburn is an outlier position for its time yet, its been used as the basis for every government over reach since then. This is even further outside the scope than that was.

    Btw, "your side does it too"? Lame. Get a real argument.

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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by OpportunityCost View Post
    Ever heard of a bridge too far?
    The Affordable HealthCare Act was that bridge.

    If you check you will find that Wickard v Filburn is an outlier position for its time yet, its been used as the basis for every government over reach since then. This is even further outside the scope than that was.

    Btw, "your side does it too"? Lame. Get a real argument.
    I have also heard of the bridge to nowhere, it was fully supported by many in the GOP....
    The fact is, health care reform was pushed by Hillary, then an alternative plan by the GOP, then dropped for a while, then resurrected, and now in danger of a death sentence with the GOP being the hangman....of one of its own children...
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    Re: Kennedy: Individual Mandate Fundamentally Changes Relationship of Govt

    Quote Originally Posted by Deuce View Post
    Weird how it only became unconstitutional when Democrats supported it.
    half the stuff the dems and the gop does is unconstitutional

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