Obama government will stop defending the DOMA (user search)
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  Obama government will stop defending the DOMA (search mode)
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Author Topic: Obama government will stop defending the DOMA  (Read 14147 times)
Landslide Lyndon
px75
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« on: February 23, 2011, 01:21:20 PM »

I have to disagree with that characterization. Apparently a couple of judges think its unconstitutional. Yes, I know, they are both among the "most partisan Republicans," right? In my professional judgment, I would guess the odds are about 60-40 that Obamacare will be tanked. It is beyond the commence clause, and quite difficult to shove into it's a mere tax category for a variety of reasons. It's in trouble.  

Now that you mentioned it Torie...

http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php

A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.

U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.

"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality."

Kessler, however, rejected the argument that Congress had the authority to enact the Affordable Care Act under the General Welfare Clause because Congress "did not intend [the law] to operate as a tax."

The Justice Department welcomed the ruling, which was the "third time a court has reviewed the Affordable Care Act on the merits and upheld it as constitutional," a spokeswoman said in a statement.

"This court found -- as two others have previously -- that the minimum coverage provision of the statute was a reasonable measure for Congress to take in reforming our health care system," DOJ's Tracy Schmaler said. "At the same time, trial courts in additional cases have dismissed numerous challenges to this law on jurisdictional and other grounds. The Department will continue to vigorously defend this law in ongoing litigation."
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Landslide Lyndon
px75
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Posts: 26,858
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« Reply #1 on: February 23, 2011, 02:46:35 PM »

But if it makes you feel better, you caused the fire yourself by doing some at-home electrical work, burn yourself up, the hospital takes you in and treats you without knowledge of ability to pay, and it turns out you have none. You're at fault. Well, hospital, go try to collect.

But are you?  Perhaps the equipment you used had a defect.  Or perhaps you have home owners insurance. 

this is fun.

So you're implying that human error doesn't exist?
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Landslide Lyndon
px75
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« Reply #2 on: February 24, 2011, 03:30:16 AM »

I'm still waiting to hear why conservatives think that Bob Dole's health care plan=OMG!! Socialism!!!
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Landslide Lyndon
px75
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« Reply #3 on: April 27, 2011, 11:15:46 AM »

Damn that powerful Homosexual Lobby!
If only other minorities like Wall Street bankers and Oil & Gas companies had that much influence.
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Landslide Lyndon
px75
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Posts: 26,858
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« Reply #4 on: April 27, 2011, 11:22:13 AM »

Damn that powerful Homosexual Lobby!
If only other minorities like Wall Street bankers and Oil & Gas companies had that much influence.

Nobody is as powerful and as stealthy behind...the scenes as the pink mafia.

That's what happens when you have an uncanny ability to slip effortlessly into the tightest spots.   
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