• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

White House Faces Political Dilemma on Health Law Challenge

GPS_Flex

DP Veteran
Joined
May 20, 2005
Messages
2,726
Reaction score
648
Location
California
Gender
Male
Political Leaning
Independent
White House Faces Political Dilemma on Health Law Challenge

Many political analysts think the White House will try to delay Supreme Court consideration as long as possible.

"They definitely don't want to see it go to the Supreme Court until after the elections,” said Kirsten Powers, a former Democratic operative and a Fox News analyst. “So my expectation is they would do whatever they can to slow walk this so that this does not get to the Supreme Court where possibly the individual mandate could be struck down which would be very damaging for the administration."

There is no doubt the health care law is headed for the Supreme Court -- the only question is when. The recent decision by a panel of judges from the 11th Circuit Court of Appeals in Atlanta is only the broadest challenge to the law, brought by 26 states and the nation’s largest association of small business owners. But there are multiple, conflicting appellate court rulings and huge stakes for the case.

Not sure what the white house can do to prevent SCOTUS from hearing and deciding this issue before the election but it comes as no surprise that they won’t want this to be decided before the election because the individual mandate is going to be struck down as unconstitutional.

Obama had to know that his resistance to an early referral to SCOTUS would put the case on their doorstep during the last year of his current term didn’t he? Is he really so amateurish on constitutional law, or has he planned for this all along?

He probably won’t be re-elected due to the dismal economy and unemployment rates but there will be no way he can survive SCOTUS overturning Obamacare 6 months before the election.
 
Last edited:
White House Faces Political Dilemma on Health Law Challenge



Not sure what the white house can do to prevent SCOTUS from hearing and deciding this issue before the election but it comes as no surprise that they won’t want this to be decided before the election because the individual mandate is going to be struck down as unconstitutional.

Obama had to know that his resistance to an early referral to SCOTUS would put the case on their doorstep during the last year of his current term didn’t he? Is he really so amateurish on constitutional law, or has he planned for this all along?

He probably won’t be re-elected due to the dismal economy and unemployment rates but there will be no way he can survive SCOTUS overturning Obamacare 6 months before the election.

I can envision him saying, "Okay, folks. Time to reset. We made a few hasty decisions back there in our zeal to protect the American public, but now we know what we need to do. And we can only do it if you re-elect me."

Might even help him. Libs always reward intentions before results.
 
I can envision him saying, "Okay, folks. Time to reset. We made a few hasty decisions back there in our zeal to protect the American public, but now we know what we need to do. And we can only do it if you re-elect me."

Might even help him. Libs always reward intentions before results.

If it weren’t for the other detrimental factors he is going to have to address in this campaign, I might agree. The only real achievement of his administration is about to be yanked out from under him by SCOTUS 6 months before the election.

Maybe it will tick off the liberals and they will react like a bees nest that has been poked with a stick but the Obama shine has worn off and everyone now knows that he really wasn’t prepared to become President of the United States.

I just don’t see any way he can possibly win if this is decided before the election. I expect some bizarre actions out of the White House in the near future, attempting to slow things down and prevent a ruling on this issue before the election.
 
I can envision him saying, "Okay, folks. Time to reset. We made a few hasty decisions back there in our zeal to protect the American public, but now we know what we need to do. And we can only do it if you re-elect me."

Might even help him. Libs always reward intentions before results.

Maxine waters is even criticizing him now. The thrill is gone.
 
Μολὼν λαβέ;1059742303 said:
Maxine waters is even criticizing him now. The thrill is gone.

I know what you mean, but I think she critcized his constituency more than him. It's like she was asking permission to speak her mind. Chicken****. I can't credit her, or respect her, for being critical of him. If she has something to say, she needs to say it.
 
It won't necessarily go to the Supreme Court. The administration could seek an en banc review from the 11th Cir. (i.e., the three-judge panel's decision would be reviewed by the entire Court). If the 11th Cir. reversed the panel's decision there would be no split in the circuits, since the law has been upheld by the 4th Cir., and there would be no SC jurisdiction.
 
It won't necessarily go to the Supreme Court. The administration could seek an en banc review from the 11th Cir. (i.e., the three-judge panel's decision would be reviewed by the entire Court). If the 11th Cir. reversed the panel's decision there would be no split in the circuits, since the law has been upheld by the 4th Cir., and there would be no SC jurisdiction.
That won’t happen if the states petition SCOTUS to resolve this issue, which they will, and SCOTUS accepts it, which it will.

I don’t see how Obama can do anything to delay this but he could speed it up and get it out of the way sooner rather than later.
 
That won’t happen if the states petition SCOTUS to resolve this issue, which they will, and SCOTUS accepts it, which it will.

I don’t see how Obama can do anything to delay this but he could speed it up and get it out of the way sooner rather than later.

Generally the Supreme Court will NOT grant review unless there is disagreement in the lower circuits. FYI.

But I agree that it probably will end up before the SC as it's not clear that the administration will seek en banc review at the 11th Cir., and even then it may not be granted, and the chances of en banc reversal are pretty low.
 
What needs to happen is for a counter proposal that makes logical sense and addresses the true issues that cause costs to be to high for many Americans to have coverage.

I would start as I have said before with tort reform and limit the amount of compensation to a reasonable amount as well as the penalties.

I would also address the insurancs companies and allow them all to cross State lines an insure anyone anywhere.

Doctors are sometimes forced to conduct tests that they know are not needed to cover their butts and that needs to stop. I have had these tests as I have need hospitalized about 10 times in the last 4 years with a bad heart,
 
What needs to happen is for a counter proposal that makes logical sense and addresses the true issues that cause costs to be to high for many Americans to have coverage.

I would start as I have said before with tort reform and limit the amount of compensation to a reasonable amount as well as the penalties.

I would also address the insurancs companies and allow them all to cross State lines an insure anyone anywhere.

Doctors are sometimes forced to conduct tests that they know are not needed to cover their butts and that needs to stop. I have had these tests as I have need hospitalized about 10 times in the last 4 years with a bad heart,

The insurance mandate was a counter proposal. Proposed by Republicans.
 
White House Faces Political Dilemma on Health Law Challenge



Not sure what the white house can do to prevent SCOTUS from hearing and deciding this issue before the election but it comes as no surprise that they won’t want this to be decided before the election because the individual mandate is going to be struck down as unconstitutional.

Obama had to know that his resistance to an early referral to SCOTUS would put the case on their doorstep during the last year of his current term didn’t he? Is he really so amateurish on constitutional law, or has he planned for this all along?

He probably won’t be re-elected due to the dismal economy and unemployment rates but there will be no way he can survive SCOTUS overturning Obamacare 6 months before the election.

I'd just like to point out that there's a difference between overturning the mandate, and overturning Obamacare as a whole. Most Americans like the other stuff that is in that bill, but the reason the individual mandate was put in it was so that those other things could be paid for, and so that there wouldn't be any free-riders.

As economists (including conservative economists and policy analysts, i might add) figured out back in the early 90s, if you wanted universal healthcare and still wanted a sustainable system that would preserve a role for the markets, an individual mandate was pretty much the only way to go about it.
 
Last edited:
Back
Top Bottom