Napolitano: Supreme Court to Strike Down Obamacare

Discussion in 'Law and Justice System' started by PoliticalChic, Mar 27, 2010.

  1. PoliticalChic
    Online

    PoliticalChic Diamond Member

    Joined:
    Oct 6, 2008
    Messages:
    55,909
    Thanks Received:
    15,697
    Trophy Points:
    2,190
    Location:
    Brooklyn, NY
    Ratings:
    +25,047
    'President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.

    In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.

    "The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.

    That's called commandeering the legislature," he says. "That's the Congress taking away the discretion of the legislature with respect to regulation, and spending taxpayer dollars. That's prohibited in a couple of Supreme Court cases. So on that argument, the attorneys general have a pretty strong case and I think they will prevail.” '


    Newsmax - Napolitano: Supreme Court to Strike Down Obamacare
     
    • Thank You! Thank You! x 1
  2. George Costanza
    Offline

    George Costanza A Friendly Liberal

    Joined:
    Mar 10, 2009
    Messages:
    5,179
    Thanks Received:
    1,087
    Trophy Points:
    155
    Location:
    Los Angeles area.
    Ratings:
    +1,187
    If this Supreme Court strikes down the present health care plan, they are going to have to ignore legal precedent.
     
    • Thank You! Thank You! x 1
  3. uscitizen
    Offline

    uscitizen Senior Member

    Joined:
    May 6, 2007
    Messages:
    45,941
    Thanks Received:
    4,791
    Trophy Points:
    48
    Location:
    My Shack
    Ratings:
    +4,807
    I always eat the chocolate out of the neopolitan ice cream first.
     
  4. Immanuel
    Offline

    Immanuel Gold Member

    Joined:
    May 15, 2007
    Messages:
    16,823
    Thanks Received:
    2,210
    Trophy Points:
    183
    Ratings:
    +2,224
    In order to not get my hopes up, I am going to keep telling myself that it is impossible. It won't happen. That way I won't be disappointed if it doesn't and I will be thrilled if it does and I don't have to worry about jinxing it.

    Immie
     
    • Thank You! Thank You! x 1
  5. Luissa
    Offline

    Luissa Annoying Customer Supporting Member

    Joined:
    Sep 7, 2008
    Messages:
    43,190
    Thanks Received:
    5,593
    Trophy Points:
    1,785
    Location:
    TARDIS
    Ratings:
    +5,664
    "Right-wing opponents of health care reform seem to have come to the unfounded conclusion that the new legislation violates not only their own policy preferences, but the United States Constitution as well. Indeed, Republican attorneys general across the country seem to have discovered a cottage industry in such litigation. I suggest they are not only grasping at straws, but also wasting taxpayer money that could be better spent on health care."



    "One attacks individual mandates that require the uninsured to purchase insurance policies or pay a tax if they fail to do so.

    It is not at all clear how the states or the attorneys general have standing to bring such a challenge since the provision has no impact on the states themselves. Moreover, the authority of Congress to adopt such legislation under the commerce clause of the Constitution seems unassailable. "


    "The Supreme Court has even upheld the power of Congress under the commerce clause to forbid doctors from performing certain kinds of abortions, and has upheld legislation making it a federal crime for individuals to grow marijuana plants on their window sills for home medicinal use. "



    "The opponents of the bill also complain that the federal government is imposing unjustified financial burdens on the states by requiring them to pay some portion of extra Medicaid costs.

    The Supreme Court has long upheld programs under the Constitution’s spending clause requiring states that accept federal program funds to comply with federal requirements under those programs. In any event, states can simply opt out of Medicaid if they choose not to participate — but, of course, by so doing they would deprive their residents of the millions of federal dollars to cover their residents who would otherwise wind up being treated by local providers without compensation"

    Frank Askin is distinguished professor of law and director of the Constitutional Litigation Clinic at Rutgers Law School/Newark.

    Health care reform should survive legal challenges | NJ.com
     
    Last edited: Mar 28, 2010
  6. Zander
    Offline

    Zander Platinum Member

    Joined:
    Sep 10, 2009
    Messages:
    17,452
    Thanks Received:
    6,575
    Trophy Points:
    390
    Location:
    Los Angeles CA
    Ratings:
    +12,894
    I think the challenges are going to be upheld and ObamaCare slapped down. Even if it isn't we'll gut it like a fish so that it is irrelevant. Either way, this POS will not stand.
     
  7. GWV5903
    Offline

    GWV5903 Gold Member

    Joined:
    Aug 5, 2009
    Messages:
    3,367
    Thanks Received:
    892
    Trophy Points:
    190
    Location:
    Austin, Texas
    Ratings:
    +1,295
    What precedent are you referring to?
     
  8. Zona
    Offline

    Zona A guy in ariZONA

    Joined:
    Aug 15, 2009
    Messages:
    13,874
    Thanks Received:
    941
    Trophy Points:
    48
    Location:
    Phoenix, AZ.
    Ratings:
    +942
    newsmax and fox. oh yeah.
     
  9. George Costanza
    Offline

    George Costanza A Friendly Liberal

    Joined:
    Mar 10, 2009
    Messages:
    5,179
    Thanks Received:
    1,087
    Trophy Points:
    155
    Location:
    Los Angeles area.
    Ratings:
    +1,187
    Health care reform should survive legal challenges | NJ.com

    Read all about it.

    (Thanks to Luissa :bowdown:)
     
    Last edited: Mar 29, 2010
  10. boedicca
    Offline

    boedicca Uppity Water Nymph Supporting Member

    Joined:
    Feb 12, 2007
    Messages:
    41,837
    Thanks Received:
    12,787
    Trophy Points:
    2,250
    Location:
    The Land of Funk
    Ratings:
    +22,865
    Unfunded mandates should have long ago been declared unconstitutional.

    One problem we have is that the case law of all of this progressive crap actually provides a defense for the federal government.
     

Share This Page

Search tags for this page

supreme court will strike down this obama care mess