Page 4 of 7 FirstFirst ... 23456 ... LastLast
Results 31 to 40 of 66

Thread: Supreme Court Agrees To Hear New Challenge To Obamacare

  1. #31
    Canadian Conservative
    CanadaJohn's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Last Seen
    Today @ 11:27 AM
    Gender
    Lean
    Conservative
    Posts
    27,193

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by 1750Texan View Post
    OK. But there is still no constitutional issue.

    King is in essence is asking the court for redress...but in fact should be asking the court to force congress to fix that provision of the law. Instead he is asking for the court to invalidate the entire act because exact wording that the federal government could fund direct subsidies if the states failed to is not in that one section 1321.

    States did offer AB's on the point that the ambiguity of the subsidies did not allow the states to make"reasonable policy choices".
    http://sblog.s3.amazonaws.com/wp-con...ief-States.pdf

    BRIEF OF THE STATES OF OKLAHOMA,
    ALABAMA, GEORGIA, INDIANA,
    NEBRASKA, SOUTH CAROLINA, AND
    WEST VIRGINIA AND CONSUMERS’ RESEARCH
    AS AMICI CURIAE SUPPORTING PETITIONERS
    Perhaps the issue is being clouded here.

    As I understand it, and I'm sure you'll tell me if I'm wrong, many States refused to set up exchanges because if they were to do so a large portion of those who would then newly qualify for Medicaid and/or exchange funded subsidies would do so at the direct expense of the taxpayers of that State. In other words, the State's Medicaid bill would balloon without corresponding federal government funding at the exact same level even though the federal government was going to enjoy increased revenue from the tax/penalty applied to those who refused to purchase policies and could afford to do so as well as from raiding Medicare funds.

    If that is correct, and I believe it is, the simple solution would be to guarantee that State treasuries remain whole if they set up ACA exchanges. The federal government is capable of doing that although it will affect their budget bottom line.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

  2. #32
    Sage
    Mycroft's Avatar
    Join Date
    Oct 2011
    Last Seen
    Today @ 06:06 PM
    Gender
    Lean
    Conservative
    Posts
    25,874

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by CanadaJohn View Post
    There's no way of knowing, but I'd say it's far more likely, should the Supreme Court rule against the administration, that the ACA would be amended by Congress to allow for the federal exchange to subsidize. That amendment would also be accompanied by other amendments that would make changes that Republican legislators would like to see and the President will be in the position of having to veto what he needs or accept changes he may not want.
    You are correct...there's no way of knowing.

    And I agree that the proper ruling would be against Obamacare. Congress...it doesn't matter which Party was in power at the time...screwed up when they wrote the law. Congress...it doesn't matter which Party is in power now...is responsible for fixing it. If that causes problems for Obama...too bad.

    However...I don't hold out much hope that the Supremes will make the proper ruling. I think they'll engage in the same kind of tortured legal logic they used to justify the individual mandate.
    TANSTAAFL

    “An armed society is a polite society.”
    ― Robert A. Heinlein, Beyond This Horizon

  3. #33
    Sage
    VanceMack's Avatar
    Join Date
    Feb 2010
    Last Seen
    Today @ 04:32 PM
    Gender
    Lean
    Independent
    Posts
    54,714

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Dangit. When I saw the title I hoped maybe the Presidents lawsuit against congress demanding that the ACA actually be implemented was going before the SCOTUS. Then I remembered there is no such lawsuit and it is the president and democrats that have been consistently blocking full implementation. Sigh...oh well.

    Does it bother supporters of the ACA that States are as opposed to implementation of the ACA as Obama has been?

  4. #34
    Canadian Conservative
    CanadaJohn's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Last Seen
    Today @ 11:27 AM
    Gender
    Lean
    Conservative
    Posts
    27,193

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by Mycroft View Post
    You are correct...there's no way of knowing.

    And I agree that the proper ruling would be against Obamacare. Congress...it doesn't matter which Party was in power at the time...screwed up when they wrote the law. Congress...it doesn't matter which Party is in power now...is responsible for fixing it. If that causes problems for Obama...too bad.

    However...I don't hold out much hope that the Supremes will make the proper ruling. I think they'll engage in the same kind of tortured legal logic they used to justify the individual mandate.
    I can't argue with that, although I do think that Roberts was suitably chastised by the right, even other Justices, for his tortured logic and he may see that his attempts at trying to accommodate all were a big failure and hopefully he'll just rule on the law and not on his political view of the situation.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

  5. #35
    Struggler
    JayDubya's Avatar
    Join Date
    Sep 2011
    Last Seen
    11-09-17 @ 04:22 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    17,181

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    The entire thing is blatantly unconstitutional and outside of Congressional authority. Roberts already failed at his job... he couldn't have done it without the 4 blatantly corrupt lefties. At least one Bush appointee is capable of reading.

  6. #36
    Educator Meister's Avatar
    Join Date
    Sep 2014
    Last Seen
    02-22-15 @ 10:21 AM
    Gender
    Lean
    Conservative
    Posts
    677

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by CanadaJohn View Post
    I can't argue with that, although I do think that Roberts was suitably chastised by the right, even other Justices, for his tortured logic and he may see that his attempts at trying to accommodate all were a big failure and hopefully he'll just rule on the law and not on his political view of the situation.
    Roberts certainly did legislate from the bench.

  7. #37
    Banned
    Join Date
    May 2011
    Location
    Huntsville, AL
    Last Seen
    03-03-17 @ 10:28 AM
    Gender
    Lean
    Conservative
    Posts
    13,813

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by 1750Texan View Post
    There was no need to "convince a court"... It has been a long standing principle that immigration is under the exclusive purview of the federal government.
    Article 1 Section 8...

    "To establish a uniform rule of naturalization,"

    This is a legislative power.

    The president has no authority to do anything other than to follow and faithfully execute the laws.

  8. #38
    Banned
    Join Date
    Jul 2014
    Location
    Los Angeles area
    Last Seen
    07-19-17 @ 01:15 PM
    Gender
    Lean
    Conservative
    Posts
    9,868

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by Dittohead not! View Post
    The most important objective is to make the other party look bad.
    No, the most important objective is to make sure that any law enacted by Congress complies with the Constitution. This is not a dictatorship.

  9. #39
    Banned
    Join Date
    Jul 2014
    Location
    Los Angeles area
    Last Seen
    07-19-17 @ 01:15 PM
    Gender
    Lean
    Conservative
    Posts
    9,868

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by 1750Texan View Post
    This is not an over-sight in writing the legislation. When the law was written the states were to set up their exchanges. We all know why the states did not. The federal government step in an set up the exchanges in the states that refused.

    The Fed offered subsidies to those in the states that did not set up their exchanges. Now opponents are saying that the law does not allow the fed to offer the subsidies.

    There is no constitutional question. The Court will simply send the law back to Congress with the order to fix the law. If Congress does not fix the law... that is on Congress.

    How many times has Social Security Act be modified since its implementation? All major legislation requires fixes.



    Either Congress fixes the law or it stands as implemented.
    I don't understand that. It certainly does not stand as implemented if the Supreme Court holds the federal government had no authority to set up these exchanges.

  10. #40
    Banned
    Join Date
    Jul 2014
    Location
    Los Angeles area
    Last Seen
    07-19-17 @ 01:15 PM
    Gender
    Lean
    Conservative
    Posts
    9,868

    Re: Supreme Court Agrees To Hear New Challenge To Obamacare

    Quote Originally Posted by 1750Texan View Post
    There was no need to "convince a court"... It has been a long standing principle that immigration is under the exclusive purview of the federal government.
    Justice Scalia disagrees with you. As he wrote in dissent in Arizona v. U.S.,

    Today’s opinion, approving virtually all of the Ninth Circuit’s injunction against enforcement of the four challenged provisions of Arizona’s law, deprives States of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there. Neither the Constitution itself nor even any law passed by Congress supports this result . . . . As a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty.

Page 4 of 7 FirstFirst ... 23456 ... 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
  •