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| | |-+  Supreme Court and the Individual Health Insurance Mandate
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Author Topic: Supreme Court and the Individual Health Insurance Mandate  (Read 19834 times)
mokbu
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« Reply #125 on: June 28, 2012, 09:26:18 am »
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Torie wins the award.
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riceowl
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« Reply #126 on: June 28, 2012, 09:31:51 am »
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Good God, Kennedy:

"In our view, the entire Act before us is invalid in its entirety."
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mokbu
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« Reply #127 on: June 28, 2012, 09:32:23 am »
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FL in 2000?

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muon2
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« Reply #128 on: June 28, 2012, 09:39:04 am »
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The media is still parsing the part that is overturned in relation to Medicaid.
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Ernest
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« Reply #129 on: June 28, 2012, 09:50:34 am »

Roberts apparently found that while Constitutionally the mandate is a tax, because the act calls it a penalty, the Anti-Injunction Act was not invoked, so the suit could be brought.  Odd.
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« Reply #130 on: June 28, 2012, 09:53:28 am »
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I wonder how this will effect liberal's attitude of George W Bush, since it was one of his appointees who was pivotal in saving the mandate, and apparently the whole act.
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« Reply #131 on: June 28, 2012, 09:55:44 am »
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I wonder how this will effect liberal's attitude of George W Bush, since it was one of his appointees who was pivotal in saving the mandate, and apparently the whole act.

Opposition was much stronger against Alito, though.
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Ernest
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« Reply #132 on: June 28, 2012, 09:55:44 am »

I see where CNN got confused.  Roberts first talked about how the mandate was not upholdable under the Commerce Clause before saying it was upholdable under the taxing power.
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« Reply #133 on: June 28, 2012, 09:56:49 am »
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Barack Hussein Obama can now be officially named the emperor of all tax and spend governments of the world.
Bill Clinton and Jimmy cater gotta be just setting back and saying man, this guy is good!
Thumbs up to the Chief Justice, he kept intact the correct tools for the people.
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« Reply #134 on: June 28, 2012, 10:00:50 am »
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Barack Hussein Obama can now be officially named the emperor of all tax and spend governments of the world.
Bill Clinton and Jimmy cater gotta be just setting back and saying man, this guy is good!
Thumbs up to the Chief Justice, he kept intact the correct tools for the people.


^ This.
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Torie
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« Reply #135 on: June 28, 2012, 10:03:26 am »
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Beet is vindicated. The mandate is a tax!  Who knew?  Smiley  Yes, it is not appealing to put something into a different box for a lawyer when the economics is exactly the same. In this case, Roberts stripped away the label to get to the substance. SOCTUS did however surprisingly toss out the Act's stick that states lose all their medicaid subsidies if they don't expand their programs, presumably because it was viewed as unduly coercive. That sounds rather fuzzy to me.  
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rob in cal
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« Reply #136 on: June 28, 2012, 10:06:11 am »
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I believe it was conservative legal analyst John Eastman who called Roberts a creature of the Washington Administrative State.  Looks like Roberts is on his way to becoming a new swing vote and might now be joining Kennedy in creating a new 3-4-2 conservative, liberal, swing vote breakdown.
Alright all you young post-age 26 slacker hipsters out there, time to start insurance shopping, and remember go for the gusto on coverage if its subsidized.
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jfern
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« Reply #137 on: June 28, 2012, 10:07:51 am »
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Beet is vindicated. The mandate is a tax!  Who knew?  Smiley  Yes, it is not appealing to put something into a different box for a lawyer when the economics is exactly the same. In this case, Roberts stripped away the label to get to the substance. SOCTUS did however surprisingly toss out the Act's stick that states lose all their medicaid subsidies if they don't expand their programs, presumably because it was viewed as unduly coercive. That sounds rather fuzzy to me.  

Justice Roberts' majority opinion was not completely signed on to by any other justice. I wonder if that's kind of rare. Anyways, the fuzziness was what Roberts felt like doing.
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« Reply #138 on: June 28, 2012, 10:09:33 am »

Ginsburg with Sotomayor in support would have found that the changes in Medicaid were valid, so it looks like the severing of the Medicaid provisions is 7-2.
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« Reply #139 on: June 28, 2012, 10:11:23 am »
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What was the problem with the Medicaid provisions, again?
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Governor TJ
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« Reply #140 on: June 28, 2012, 10:11:59 am »
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I thought that the Supreme Court wasn't allowed to rule on whether a tax is constitutional until it takes effect? If the mandate is a tax than shouldn't the suit have been dismissed and need to be reargued in a couple years?
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Ernest
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« Reply #141 on: June 28, 2012, 10:13:23 am »

I thought that the Supreme Court wasn't allowed to rule on whether a tax is constitutional until it takes effect? If the mandate is a tax than shouldn't the suit have been dismissed and need to be reargued in a couple years?

Roberts apparently found that while Constitutionally the mandate is a tax, because the act calls it a penalty, the Anti-Injunction Act was not invoked, so the suit could be brought.  Odd.
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Torie
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« Reply #142 on: June 28, 2012, 10:14:45 am »
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I thought that the Supreme Court wasn't allowed to rule on whether a tax is constitutional until it takes effect? If the mandate is a tax than shouldn't the suit have been dismissed and need to be reargued in a couple years?

That is a procedural hurdle which Roberts ignored. I don't blame him.
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Torie
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« Reply #143 on: June 28, 2012, 10:16:05 am »
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What was the problem with the Medicaid provisions, again?

I don't know, but Kennedy was yipping about undue coercion of the states. I am amazed that Roberts bought into that.
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mokbu
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« Reply #144 on: June 28, 2012, 10:16:29 am »
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Is Kennedy really a swing vote or just a libertarian?
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Ernest
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« Reply #145 on: June 28, 2012, 10:18:02 am »

What was the problem with the Medicaid provisions, again?

The PPACA considerably expanded the scope of Medicaid and threatened to take away the funding for the existing version if States refused to go along with the expansion.  The 7-2 decision on this point said the Feds couldn't do that.
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« Reply #146 on: June 28, 2012, 10:18:27 am »
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What was the problem with the Medicaid provisions, again?

I'm going to guess some type of 10th Amendment type argument.
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Ernest
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« Reply #147 on: June 28, 2012, 10:21:20 am »

What was the problem with the Medicaid provisions, again?

I don't know, but Kennedy was yipping about undue coercion of the states. I am amazed that Roberts bought into that.

Not just Roberts, but also Breyer and Kagan.
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Speaker Dereich
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« Reply #148 on: June 28, 2012, 10:24:23 am »
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Is Kennedy really a swing vote or just a libertarian?

He's just a libertarian. The people at Cato consider him one of their own: http://www.cato-at-liberty.org/justice-kennedys-mysterious-philosophy/
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« Reply #149 on: June 28, 2012, 10:26:32 am »
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Washington (CNN) -- The U.S. Supreme Court on Thursday upheld the controversial health care law championed by President Barack Obama in a landmark decision that will impact the November election and the lives of every American.

(Ed.  For more - read it at CNN.)
« Last Edit: June 28, 2012, 03:08:25 pm by True Federalist »Logged
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