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Could Obamacare Go the
Way of McCain-Feingold?

American Spectator, by David Catron

Original Article

Posted By:Pluperfect, 11/30/2012 6:14:13 AM

Last June, upon learning that the Supreme Court had ruled Obamacare´s individual mandate constitutional, many observers were forced to concur with the Dickens character who opined, "If the law supposes that… the law is an ass." Yet, the increasing number of anti-PPACA lawsuits that have been receiving serious attention from the courts suggests that the legal system may not be as irrational as it seemed when Chief Justice John Roberts began braying from the bench on June 28. If this seems Pollyannaish, consider the fate of McCain-Feingold.

      


Post Reply  

Reply 1 - Posted by: Spidey, 11/30/2012 6:31:07 AM     (No. 9040684)

I don´t really trust the courts to get rid of this as much as the "plan" falling under it´s own weight.The opt out states are a big thorn in it but the biggest back lash of all may come from the medical profession itself.Not next week or month but eventually.

Nobody can keep up with the fast and furious new rules and regs coming down the pike. Millions if not billions are being wasted of people trying to figure them out.Same thing with bank and EPA regs.

They need to pass a a law where laws are written in plain english not all the legalize jargon nobody can understand. There´s self contradictions and double negatives all through this crap.

Anyway I guess the main suit to root for right now is the Liberty University one.

I´d always heard a rumor about there being a conscience clause in the Constitution but it´s clarity escapes me.I thought there was equal protection in there also but some groups have emerged more equal than others.

If Roberts calculated that keeping Obamacare would help republicans in the election,that was a serious miscalculation.He totally missed how many people are riding in the wagon now.
Then again the fear of being branded a racist will make a political coward out of anybody.

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Reply 2 - Posted by: Johnny Angle, 11/30/2012 6:51:22 AM     (No. 9040701)

No, Roberts is an ass, and a treacherous one at that.

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Reply 3 - Posted by: Country Boy, 11/30/2012 6:58:10 AM     (No. 9040708)

#1 "If Roberts calculated that keeping Obamacare would help republicans in the election, ..."

I think somebody "got" to him, made him an offer he couldn´t refuse. Was big into wrestling while in High School. Who knows.

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Reply 4 - Posted by: bpl40, 11/30/2012 7:17:39 AM     (No. 9040735)

Before dumping on Justice Roberts in a knee jerk manner, consider two things he has done. One, by getting the four liberal justices to sign up to a judgement that clearly says that the individual mandate as a mandate is unconstitutional, the eighty year long train wreck of the commerce clause abuse may be slowed if not halted. Secondly, by signalling that the Constitution does not permit the Federal Government to pass on ruinous mandates to the States over their objections, he has put serious limits on Federal powers. These things will play out in the next few years.

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Reply 5 - Posted by: noproblems, 11/30/2012 7:24:08 AM     (No. 9040747)

0bamacare was bad policy. What Roberts did made it bad law. Another Rino pick for the Supreme Court. Funny how the Rinos never nominated a 5th justice to overturn Roe v Wade. Had the opportunity, but never did.

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Reply 6 - Posted by: Jethro bo, 11/30/2012 7:49:13 AM     (No. 9040787)

One never knows about courts. Very unreliable and usually make stuff up as they go along. However, perhaps there is hope as some of these suits deal with 1st Amendment. And five justices have ben very consistent to uphold citizens´ rights protect by the 1st Amendment. The usual silly, hate free speech liberals will vote to encumbered speech and the practice of religion so we know where they will vote before a suit is even filed. Maybe just maybe....

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Reply 7 - Posted by: woodsman, 11/30/2012 9:09:38 AM     (No. 9040945)

They had something embarrassing on Roberts and used it to get to him...This is Chicago after all

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Reply 8 - Posted by: Chuzzles, 11/30/2012 9:38:12 AM     (No. 9040987)

I am still convinced that the WH has something on Roberts. That does seem to be their MO when they want to get their way.

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Reply 9 - Posted by: artman1746, 11/30/2012 9:50:30 AM     (No. 9041029)

Justice Roberts will again put HIS legacy above the Constitution. He is more concerned that the court bearing his name as Chief Justice will be branded as the court that destroyed the chance for universal health care. To hell with what is plain constitutionally . In his view if the voters elect a president who wishes to "transform" the country then, by all means, let him do it. Otherwise Roberts will get a lot of bad liberal press and be castigated in the NY Times and not invited to the right cocktail parties.

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Reply 10 - Posted by: horacer, 11/30/2012 10:29:20 AM     (No. 9041127)

It doesn´t matter. The private sector health insurance industry is finished. Massive cost shifting from govt programs added to the costs from guaranteed issue will finish it off. We´re headed for single payer within 10-15 years.

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Reply 11 - Posted by: DARling, 11/30/2012 10:55:54 AM     (No. 9041212)

I do believe the case will get traction after the law is put into effect. Roberts did Obama no favor by smacking him down and calling the law a tax. Obama had been denying it for months.

What I am anticipating will happen is that once the law goes into effect, and some companies have to abide by the law and some have waivers, that the equal protection clause will come into play and there will be a real lawsuit. It may be the death by a thousand cuts.

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Reply 12 - Posted by: TunnelRat, 11/30/2012 1:01:42 PM     (No. 9041482)

"With a little luck, and a lot of patience, the good guys could well prevail against Obamacare as well. One hopes, of course, that it will not take six years. Still, ´the law´s delay,´ as Hamlet lamented, must be endured unless the ´bare bodkin´ seems a better choice."

Sorry, Mr. Clinton, but Shakespeare´s ´bodkin´ is not the same as a ´bimbo´...

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