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Politics - Brett LoGiurato - Ginsburg Cites Romneycare in Opinion Upholding Obamacare - The Atlantic

Yeah, it's my thread and I don't feel like starting another one, SO:

Ginsburg, however, said it should have been upheld under the Commerce Clause, and explained how Congress followed Massachusetts' lead in preventing only sick people from signing up for health insurance:

Massachusetts, Congress was told, solved the adverse selection problem. By requiring most residents to obtain insurance ... the Commonwealth ensured that insurers would not be left with only the sick as customers. As a result, federal lawmakers observed, Massachusetts succeeded where other States had failed.
Ginsburg continued, citing briefs "noting the Commonwealth's reforms" and "noting the success of Massachusetts' reforms." She noted that the reforms reduced the number of uninsured to less than 2 percent, the lowest rate in the nation.

"In coupling the minimum coverage provision with guaranteed issue and community-rating prescriptions, Congress followed Massachusetts' lead," Ginsburg wrote.

I think that's exactly what pushed Roberts over.
Ginsburg was wanting to bust the commerce clause wide open, giving the gov't unlimited definitions within the clause.
 
Politics - Brett LoGiurato - Ginsburg Cites Romneycare in Opinion Upholding Obamacare - The Atlantic

Yeah, it's my thread and I don't feel like starting another one, SO:

Ginsburg, however, said it should have been upheld under the Commerce Clause, and explained how Congress followed Massachusetts' lead in preventing only sick people from signing up for health insurance:

Massachusetts, Congress was told, solved the adverse selection problem. By requiring most residents to obtain insurance ... the Commonwealth ensured that insurers would not be left with only the sick as customers. As a result, federal lawmakers observed, Massachusetts succeeded where other States had failed.

Ginsburg continued, citing briefs "noting the Commonwealth's reforms" and "noting the success of Massachusetts' reforms." She noted that the reforms reduced the number of uninsured to less than 2 percent, the lowest rate in the nation.

"In coupling the minimum coverage provision with guaranteed issue and community-rating prescriptions, Congress followed Massachusetts' lead," Ginsburg wrote.

Another sad example of a SCOTUS Associate Justice who cares little for the USC. She only cares for what she wants.

How she could relate the two and expect it to hold is beyond anything rationale. Mass is a state...the relationship of states to the Feds is like night and day.

The sooner she dies (of natural causes), the better.
 
Nancy Who??? Oh Yeah .... That Nancy....

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