Call me weak, but I had to look that one up and will await the decision with beer in hand.
Will the SCOUS Strike Down Any Part of Obamacare?
- Thread starter onthebottom
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Call me weak, but I had to look that one up and will await the decision with beer in hand.
Save the beer for lunch, the decision will probably come down about 11 o'clock EDT.
Here is an interesting perspective http://www.scotusblog.com/2012/06/in-the-end/
But given how politicized this Supreme Court is it wouldn't surprise me if they find the entire law unconstitutional
But given how politicized this Supreme Court is it wouldn't surprise me if they find the entire law unconstitutional
Come on Fred this USSC political? Go back bit over a century and a half to look at a politicized U.S. Supreme Court.
The Supreme Court has always been politicized, sometimes heavily. But more than that it has almost consistently been behind the times, from slavery to civil rights, and tended to support the powers that be. The late 50's and early 60's being the lone exception.
A very complicated opinion. As predicted the Commerce Clause argument rejected as an unconstitutional overreach and that remains an important point, likewise the Necessary and Proper Clause argument. However, the individual mandate is upheld under the taxation power (which was the third of the Solicitor General's arguments).
The Medicaid expansion decision is also interesting, it is constitutional, but the court stuck down the punitive provisions if states refused to comply it is likely that many states will therefore refuse to cover people under the expanded medicaid roles. (huge majority only Bryer and Kagan in dissent)
The swing vote was the Chief Justice, Justice Kennedy was in dissent and would hold the entire law unconstitutional.
Politically it may prove problematic for the administration that it has been held to be a tax, since they politically had argued that it wasn't a tax.
Slip Opinion hasn't yet been posted.
The Medicaid expansion decision is also interesting, it is constitutional, but the court stuck down the punitive provisions if states refused to comply it is likely that many states will therefore refuse to cover people under the expanded medicaid roles. (huge majority only Bryer and Kagan in dissent)
The swing vote was the Chief Justice, Justice Kennedy was in dissent and would hold the entire law unconstitutional.
Politically it may prove problematic for the administration that it has been held to be a tax, since they politically had argued that it wasn't a tax.
Slip Opinion hasn't yet been posted.
Although I have not read the opinion in detail, upholding the mandate is a huge win for the American people. The Americans may finally be close to joining the rest of the western world in providing health care to all and just the rich and employed.
Here is the opinion http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
Warning it is huge: The Chief's opinion is 59 pages, Justice Ginsburg's concurence is 61 pages, the dissent is 65 pages, followed by two additional pages from Justice Thomas.
Warning it is huge: The Chief's opinion is 59 pages, Justice Ginsburg's concurence is 61 pages, the dissent is 65 pages, followed by two additional pages from Justice Thomas.
What it really does is throw the whole thing back into the political sector, particularly since States are basically going to be perfectly free to reject the expansion in the Medicaid rolls.
I think you are right, however, when people get a chance to compare the health care available in some states and not others there will be mounting political pressure on those that do not to offer it.
It will throw the whole thing back in the political sector, but now supporters have a SCOTUS ruling in their back pocket saying that it is constitutional. No small victory that. Very similar to the abortion issue.
The biggest impact will be that it deprives the GOP of the opportunity to use the unconstitutionality of the law to attack Obama. i can only imaging the number of television adds which have been produced and which will now have to be scrapped. The GOP was treating the failure of the mandate as a done deal.
Perhaps, but don't underestimate the fact that the Obama Administration did everything in their power in the political sector to deny that this was a tax, they no longer have that cover. Further from the Romney Campaign's perspective the law is more unpopular than it is popular, now that the legal route is gone, that leaves only the political route e.g. throw the rascals out.
Very true but the polling is different when the question is put to be people about the specific provisions rather than as a whole. The GOP in their usual way have done a masterful job of completely misrepresenting the law and its impact. That is why they will now characterize it as Obama raising taxes as opposed to the infringement on liberty etc. They are geniuses saddled with a lightweight in Romney. Given their track record that should not be a huge impediment. They sold W without a great deal of difficulty. The swift boat crowd (ie the Koch brothers and Adelson) will be out in full force. It will make for fascinating drama.
What WAS posted above by our clueless members on the right, is nothing but a bunch of partisan bull-dung along with the usual obfuscation....you know the crazy stupid BS YOU excell at counsel!!!....:crazy:
This was a HUGE WIN for Obama and the people of the USA....not the Corporations you and fuzzy numbers bottie shamelessly shill for!...:wink:
In some trailer, in some field..somewhere.Some Tea Party member is rubbing his chin and asking himself(or his pig.....or wife....or both)"Have we ever seen them thar Soupreme court justices birth certificates?!?!"
One of the thoughts over lunch today, is that the Court has rather brilliantly totally removed itself as a political issue for several election cycles. Further it has thrown two highly controversal issues squarely back into the political area for the 2012 election.
Don't forget that the court knocking out the punitive provisions of the Medicaid expansion really knocks a hole in the legislation, what the Administration is left with is a law which taxes people who do not purchase medical insurance, but in which many states may well decide not to provide expanded Medicaid coverage, that is the better part of 17 million people who are really doing to take it right in the nose.
