View Poll Results: What in a nutshell will SCOTUS' decision be?

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  • Complete Striking of the law

    2 4.08%
  • Striking of the Mandate

    20 40.82%
  • Upholding of the law

    12 24.49%
  • Depends Entirely On What Justice Kennedy Ate For Breakfast

    15 30.61%
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Thread: What Will SCOTUS Decide About Obamacare?

  1. #31
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Kal'Stang View Post
    ...Again, this is not federally mandated for any privately owned home. And I would challenge you to show otherwise.
    "government" doesn't mean just the Federal government.

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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Harshaw View Post
    Oh, sure, there's a constitutional argument: "Mr. Justice, it's clearly constitutional because it's currently a law."
    nice job moving the goalposts there. very impressive.

    first you say "its not a law".

    now you say "its not Constitutional".

    very cute. and very stupid.


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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Thunder View Post
    nice job moving the goalposts there. very impressive.

    first you say "its not a law".

    now you say "its not Constitutional".

    very cute. and very stupid.

    Yeah, I knew there was no chance you'd actually understand that.
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Harshaw View Post
    Yeah, I knew there was no chance you'd actually understand that.
    oh, I understand very well what "moving the goalposts" is. You did it very recently.

  5. #35
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Thunder View Post
    "government" doesn't mean just the Federal government.
    We are talking about Obamacare as such we are talking about federal laws. The federal government is more limited in what it can do than state governments. Nice try at deflection though. Well....not really as it failed miserably.
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Thunder View Post
    oh, I understand very well what "moving the goalposts" is. You did it very recently.
    Obviously you do understand what "moving the goalposts" is. You just tried it by trying to bring state laws into a discussion that is talking about federal laws.
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Thunder View Post
    oh, I understand very well what "moving the goalposts" is. You did it very recently.
    It's not a law; I explained how it isn't in two different respects.

    And you were using the example of requiring health insurance to justify the Obamacare mandate, so if you say "it is NOW," then you're using Obamacare as an example to justify Obamacare.

    I fully realize that you do not understand that this is what you did. It's kind of like watching a dog run itself into a wall repeatedly -- you feel sorry for it, but the "thud" is just so damn funny.
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Harshaw View Post
    Not a point which has a thing to do with constitutionality. If it's unconstitutional (and I can think of more than one way that it is), then it needs to go, regardless of any of this.

    Constitutionality isn't a utilitarian proposition.
    Although that's a nice idea, in practice Supreme Court justices are often guided by their own ideology...and their own views on the merits of the Affordable Care Act might well come into play (although I'm sure they can find do constitutional contortions to justify their opinion). In high-profile court cases, there is absolutely a utilitarian element in play.

    I'm just saying that overturning the individual mandate will probably not be the conservative victory many on the right are hoping for. At best (from their perspective), it will likely be a fleeting victory...but in the end I think it would pave the way for a much more comprehensive takeover of health care than the Affordable Care Act. For example, if the Supreme Court rules that you can't force people to buy a private product, the obvious policy retort is to force them to buy a government product instead. And I think that would have a lot more popular support than a return to a system where insurers could discriminate based on preexisting conditions.
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    Re: What Will SCOTUS Decide About Obamacare?

    Quote Originally Posted by Kandahar View Post
    Although that's a nice idea, in practice Supreme Court justices are often guided by their own ideology...and their own views on the merits of the Affordable Care Act might well come into play (although I'm sure they can find do constitutional contortions to justify their opinion). In high-profile court cases, there is absolutely a utilitarian element in play.
    that is precisely why I make the prediction I do. I can't remember who, but I do recall that one of Ted Kennedy's aides remarking after his death that he had seen the SCOTUS as a sort of "Super-Senate", an inherently political branch.

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    Re: What Will SCOTUS Decide About Obamacare?

    It's amazing how people don't mind signing over their liberties in small pieces at a time.

    Didn't Orwell warn us about this kind of thing?

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