tick, tick, tick...the countdown to the health care ruling

Discussion in 'Politics & Current Events' started by superdave, Jun 28, 2012.

  1. superdave Member+

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    If the mandate is struck down, I'll be interested in two things.

    1. How the majority justifies it in light of precedents, in particular, how Scalia will justify it in light of his own previous opinions.
    2. If the Supremes use it as an excuse to strike down the whole law.

    I'll also be interested to see how the media reacts. Will they connect this ruling to Bush v. Gore and Citizens United and point out that we're in a new era?

    If they uphold the mandate, I'll be interested to see if the Supremes try to set a new, post-Wickard for the commerce clause. (If they vote against the mandate, it'll be pointless to study the new standard, since the new standard will clearly be, whatever Rush Limbaugh wants. See my first point above.)
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  2. Mr. Warmth Member+

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    T Minus 3 Minutes
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  3. JBigjake Member

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    First reports (CNN & Fox) suggest individual mandate has been ruled unconstitutional under the Commerce Clause. SCOTUS website may be indicating that it survives as a tax.
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  4. Dead Fingers Moderator

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  5. schrutebuck Member+

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  6. yossarian Moderator

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    Hmmmm.....you sure?
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  7. DynamoEAR Member

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    saw it coming from a mile away.
  8. schrutebuck Member+

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    Medicaid provision limited but not invalidated
  9. schrutebuck Member+

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    "Tom: The bottom line: the entire ACA is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is narrowly read"

    :)
  10. Dead Fingers Moderator

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    oops..I am seeing this

    The Supreme Court has struck down the individual mandate for health care.

    my bad, should have been clear on that. Not seeing anything on all of it.
  11. yossarian Moderator

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    Looks like ACA is upheld.
  12. Dead Fingers Moderator

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  13. superdave Member+

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    Yeah, CNN had an early headline that the mandate had been struck down, and for over 5 minutes nobody else had the headline. It was weird.

    Still interested in how the votes broke down.
  14. yossarian Moderator

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    From Scotusblog:
    The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.
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  15. Dead Fingers Moderator

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    Yep, they actually have a 'correction' on their breaking news line now.

    Correction: The Supreme Court backs all parts of President Obama’s signature health care law.
  16. Mr. Warmth Member+

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    http://www.huffingtonpost.com/2012/06/28/supreme-court-health-care-decision_n_1585131.html

    The 5-4 majority opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress' commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the majority
  17. schrutebuck Member+

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    5-4. This should provoke right-wing fury, as only Roberts voted with the 4 liberals. I assume he wrote the majority opinion then.
  18. That Phat Hat Member+

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    So this belongs in the George W. Bush failure thread?
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  19. ElasticNorseman Member+

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    just a minor wording change :laugh:
  20. nicephoras BigSoccer Supporter

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    Boom. The right decision and well done to Roberts for being consistent with his general deference to legislative powers. I wonder how hyperbolic Scalia's dissent is going to be :rolleyes: I think Scalia sees himself as the next Charles Evans Hughes at this point, though he should remember how Hughes actually fared when he got into politics.
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  21. Dead Fingers Moderator

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    No kidding, what a CNN fail. And I was/am listening to MPR and they are talking the opposite, so I was getting weirded out.
  22. nicephoras BigSoccer Supporter

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    I've gotten multiple emails about the CNN headline, especially since they jumped the gun a bit. Glad to see that in modern times we can still have Dewey defeats Truman moments :rolleyes:
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  23. soccernutter Moderator

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    How?
  24. DynamoEAR Member

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    I hope he has security with him at all times.o_O
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  25. Matt in the Hat Moderator

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    Well I'm not thrilled but the jsutification of the mandate as a tax I guess does the least permanent damage to the country. Would love to read Roberts' opinion to understand his logic. Should be interesting.

    Now the real heavy lifitng needs to happen to polish this absolute turd of a law into something less embarassing than it is today.
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