SHould the mandate or the entire bill go?

Discussion in 'Law and Justice System' started by The Rabbi, Mar 30, 2012.

  1. The Rabbi
    Offline

    The Rabbi Diamond Member

    Joined:
    Sep 16, 2009
    Messages:
    67,620
    Thanks Received:
    7,821
    Trophy Points:
    1,840
    Location:
    Nashville
    Ratings:
    +18,215
    From the arguments it sure looks like the mandate part of Obamacare is toast. The question was argued on the last day whether the entire bill or just that part of it should be struck down. Justice Ginsburg argued that striking the entire bill would be a radical exercise in judicial power. Justice Scalia argued that not striking the entire bill would be an exercise in judicial power.
    I am inclined to agree with Scalia (surprise). Since so much of the bill hinges on the mandate leaving any part of it would mean essentially the justices deciding what should or shouldn't be the law. Which is really Congress' role. Better to nix the whole thing and let Congress start over.
     
  2. NLT
    Offline

    NLT Gold Member

    Joined:
    Nov 21, 2011
    Messages:
    25,312
    Thanks Received:
    5,745
    Trophy Points:
    290
    Ratings:
    +21,056
    Without the mandate, the house of cards fall.
     
    • Thank You! Thank You! x 1
  3. occupied
    Offline

    occupied Gold Member

    Joined:
    Nov 8, 2011
    Messages:
    16,458
    Thanks Received:
    2,251
    Trophy Points:
    280
    Ratings:
    +5,770
    If struck down in it's entirety, do you think congress would do anything at all to replace it? Not a chance in hell, we get to wait another ten or twenty years for something that should have been done twenty years ago.
     
  4. NLT
    Offline

    NLT Gold Member

    Joined:
    Nov 21, 2011
    Messages:
    25,312
    Thanks Received:
    5,745
    Trophy Points:
    290
    Ratings:
    +21,056
    If you want a system like they have in Socialist countrys, its not gonna happen. Too many freeloaders will bankrupt any health care program.
     
  5. occupied
    Offline

    occupied Gold Member

    Joined:
    Nov 8, 2011
    Messages:
    16,458
    Thanks Received:
    2,251
    Trophy Points:
    280
    Ratings:
    +5,770
    If it gets so expensive that the ranks of the uninsured continue to swell it's going to bankrupt anyway.
     
  6. ecinicola
    Offline

    ecinicola Active Member

    Joined:
    Jan 21, 2012
    Messages:
    551
    Thanks Received:
    77
    Trophy Points:
    43
    Ratings:
    +77
    I think the mandate will not be accepted. It is not constitutional. If the judges follow the constitution, obamacare will be voted down.
     
  7. Claudette
    Offline

    Claudette Gold Member

    Joined:
    Nov 3, 2009
    Messages:
    19,754
    Thanks Received:
    3,044
    Trophy Points:
    280
    Ratings:
    +7,784
    I agree.

    The whole plan needs to go.

    It needs real reform as to cost and I sure hope it can get done.

    It won't be till after Nov 2012 though.
     
  8. PLYMCO_PILGRIM
    Offline

    PLYMCO_PILGRIM Gold Member

    Joined:
    Jul 3, 2009
    Messages:
    17,416
    Thanks Received:
    2,855
    Trophy Points:
    183
    Location:
    America's Home Town
    Ratings:
    +2,863
    It is not the courts job to re-write and edit legislation. It is their job to decide if legislation is constitutional or not, if the legislation is not constitutional then the entire bill goes. Once this happens congress has to write a new piece of legislation.

    That is how our system works, well how it has worked anyway.
     
  9. California Girl
    Offline

    California Girl BANNED

    Joined:
    Oct 8, 2009
    Messages:
    50,337
    Thanks Received:
    8,960
    Trophy Points:
    0
    Ratings:
    +8,965
    Blame Obama.... the 'Constitutional lawyer' who doesn't know the Constitution well enough to sign off a bill that is Constitutional.
     
  10. VaYank5150
    Offline

    VaYank5150 Gold Member

    Joined:
    Aug 3, 2009
    Messages:
    11,779
    Thanks Received:
    1,047
    Trophy Points:
    138
    Location:
    Virginia
    Ratings:
    +1,055
    It was MY understanding that the USSC is ruling on the Constitutionality of the law. While they may find that the individual mandate is unconstitutional, they do not have the right to strike down the whole law, simply because the success of the law hinges on the mandate. Right?
     

Share This Page