EXCELLENT article about SCOTUS/Obama Cares

Discussion in 'Law and Justice System' started by Synthaholic, Mar 23, 2012.

  1. Synthaholic
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    Synthaholic Platinum Member

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    It’s Not About the Law, Stupid

    Forget precedent. Ignore Scalia’s musings. Next week’s health care argument before the Supreme Court is all about optics, politics, and public opinion.


    I'm not even going to post any of it. If you're interested, go to the article.
     
  2. Synthaholic
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    Synthaholic Platinum Member

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    I do agree with the 8-1 prediction.
     
  3. dblack
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    dblack Gold Member

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    Wish I could be more optimistic, but you may be right.
     
  4. TakeAStepBack
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    TakeAStepBack Gold Member

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    It's sure to pass. We all love mandates.
     
  5. California Girl
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    California Girl BANNED

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    "excellent" - if one prefers biased articles to informational ones.
     
  6. Synthaholic
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    Synthaholic Platinum Member

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    You love to step in it, don't you? :lol:

    You must have anticipated someone asking you to point out the bias.

    Therefore, you must be prepared to point out the bias.

    Go!
     
  7. dblack
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    dblack Gold Member

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    Don't we just. My life was chaos until I learned the joy of not thinking for myself. Decisions are just so much easier when they're made for you!
     
  8. Valerie
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    Valerie Gold Member

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    Next week the Supreme Court will hear arguments over the Affordable Care Act, what many people know as Obamacare. The mainstream opinion is that this is unquestionably the most important case of this term. That opinion is no doubt supported by the attention it will receive—six hours of argument over three days. But amid all the throat-clearing, odds-making, and curtain-raising that surrounds next week’s health care case, it seems worth noting what is in dispute and what’s not. So let’s start by setting forth two uncontroversial propositions.

    The first proposition is that the health care law is constitutional. The second is that the court could strike it down anyway. Linda Greenhouse makes the first point more eloquently than I can. That the law is constitutional is best illustrated by the fact that—until recently—the Obama administration expended almost no energy defending it. Back when the bill passed Nancy Pelosi famously reacted to questions about its constitutionality with the words, “Are you serious?” And the fact that the Obama administration rushed the case to the Supreme Court in an election year is all the evidence you need to understand that they remain confident in their prospects. The law is a completely valid exercise of Congress’ Commerce Clause power, and all the conservative longing for the good old days of the pre-New Deal courts won’t put us back in those days as if by magic. Nor does it amount to much of an argument.


    The Supreme Court is more concerned with the politics of the health care debate than the law. - Slate Magazine





    ^ Just because the Supreme Court may find the plan constitutional, doesn't mean it's necessarily a policy in the best interest of the American people...




     
  9. kwc57
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    kwc57 BOHICA Obama

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    Obamacare: The reckoning - The Washington Post Charles Krauthammer

    "Beginning Monday, the Supreme Court will hear challenges to the law. The American people, by an astonishing two-thirds majority, want the law and/or the individual mandate tossed out by the court. In practice, however, questions this momentous are generally decided 5 to 4 — i.e., they depend on whatever side of the bed Justice Anthony Kennedy gets out of that morning.

    Ultimately, the question will hinge on whether the Commerce Clause has any limits. If the federal government can compel a private citizen, under threat of a federally imposed penalty, to engage in a private contract with a private entity (to buy health insurance), is there anything the federal government cannot compel the citizen to do?

    If Obamacare is upheld, it fundamentally changes the nature of the American social contract. It means the effective end of a government of enumerated powers — i.e., finite, delineated powers beyond which the government may not go, beyond which lies the free realm of the people and their voluntary institutions. The new post-Obamacare dispensation is a central government of unlimited power from which citizen and civil society struggle to carve out and maintain spheres of autonomy.".......

    ......."Rarely has one law so exemplified the worst of the Leviathan state — grotesque cost, questionable constitutionality and arbitrary bureaucratic coerciveness. Little wonder the president barely mentioned it in his latest State of the Union address. He wants to be reelected. He’d rather talk about other things."
     
    • Thank You! Thank You! x 2
    Last edited: Mar 23, 2012
  10. dblack
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    dblack Gold Member

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    It nullifies mine.
     

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