U.S. Supreme Court to strike down Obamacare

oreo

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Friday, 26 Mar 2010 06:32 PM

By: David A. Patten

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.

Newsmax - Napolitano: Supreme Court to Strike Down Obamacare

I have heard judge Andrew Napolitano speak before and he is a constitutional brain. On the other hand I have heard others state that the U.S. supremes will not overrule this bill?

Your thoughts?
 

auditor0007

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As with most issues, there are two sides to every story.

Lanny Davis: Challenges to Obamacare Will Fail
Wednesday, 31 Mar 2010 08:20 PM Article Font Size
By: David A. Patten

The mounting legal challenges to the constitutionality of President Obama's healthcare reforms ultimately will be defeated in the Supreme Court, according to Lanny Davis, who served as White House counsel for former President Bill Clinton.

Davis, a Washington, D.C., attorney and columnist whose work is published by Newsmax, calls the constitutional challenges to the individual mandate "a reasonable argument that's going to lose."

In an exclusive interview, Davis tells Newsmax.TV that the Supreme Court has recognized the legislative branch's authority to promote the general welfare of the country under article 1, section 8 of the U.S. Constitution.

He points out, for example, that the federal imposition of general-welfare child labor laws was ultimately upheld.

"Since then, in general, most conservatives would say that the legislative branch of government … as well as the executive branch, have a right to make policy decisions about what's in the general interest of the country," he says.

"And the unelected branch -- the judiciary -- has shown restraint in overturning those political and policy judgments of the legislative branch," Davis says. "I think that under the name of the Commerce Clause -- and that overall doctrine of deference to the Congress -- that conservative jurists as well as liberal ones will uphold, or should uphold, this… "
Newsmax - Lanny Davis: Challenges to Obamacare Will Fail
 

Immanuel

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If either Napalitano or Davis were sitting on the Supreme Court today, I might just listen to them about this particular subject. Since they are not, I have to take both opinions with a grain of salt and hope that the best outcome for the citizens of the U.S. of A. is the final outcome decided by the court.

Immie
 

Againsheila

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Friday, 26 Mar 2010 06:32 PM

By: David A. Patten

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.

Newsmax - Napolitano: Supreme Court to Strike Down Obamacare

I have heard judge Andrew Napolitano speak before and he is a constitutional brain. On the other hand I have heard others state that the U.S. supremes will not overrule this bill?

Your thoughts?
I predict they will refuse to hear the case.....there's something wrong with the way they can pick and choose.
 

WillowTree

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and the Republicans will vote to defund it too. :eusa_angel:
 

rightwinger

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Yea...sure they will

Just like they struck down Roe vs Wade, Social Security and Medicare
 

elvis

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they'll strike it down, and my cubs will win the world series.
 
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wshaw14

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While I do agree that Obama is the worst President in history, this will not , nor should it be struck down by anybody. It is said that the federal government can not require that you buy a product. Bull, we are required to buy them every day with our taxes. Governments require you pay taxes, buy auto insurance, buy cars that have seat belts, (and use them). If you think for a moment this will be struck down you are fooling your self.
 

wshaw14

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Good luck. It will not happen. I was a Republican and I see this as no more than , Sore losers. If they keep it up they will jeopardize the mid terms. Both parties turn my stomach at the moment.
 

driveby

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While I do agree that Obama is the worst President in history, this will not , nor should it be struck down by anybody. It is said that the federal government can not require that you buy a product. Bull, we are required to buy them every day with our taxes. Governments require you pay taxes, buy auto insurance, buy cars that have seat belts, (and use them). If you think for a moment this will be struck down you are fooling your self.
The government has mandates for you to buy auto insurance ONLY if you own a car. Paying taxes and forcing you to buy a product are definitely not the same thing. If those are the only arguments for Obamacare, it should be struck down. They'll likely just use the " i won, i get to do what i want " argument and get away with it ........
 

AllieBaba

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While I do agree that Obama is the worst President in history, this will not , nor should it be struck down by anybody. It is said that the federal government can not require that you buy a product. Bull, we are required to buy them every day with our taxes. Governments require you pay taxes, buy auto insurance, buy cars that have seat belts, (and use them). If you think for a moment this will be struck down you are fooling your self.
No, we aren't required to buy cars. IF we buy cars, we are required to buy insurance.

There's the difference.
 

Foxfyre

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While I do agree that Obama is the worst President in history, this will not , nor should it be struck down by anybody. It is said that the federal government can not require that you buy a product. Bull, we are required to buy them every day with our taxes. Governments require you pay taxes, buy auto insurance, buy cars that have seat belts, (and use them). If you think for a moment this will be struck down you are fooling your self.
No, we aren't required to buy cars. IF we buy cars, we are required to buy insurance.

There's the difference.
No, you are not required to buy insurance on your car unless you drive it on public streets and roads. In all 50 states, you are required to have insurance as a condition of driving on public roads, but if you drive only on your own property or otherwise off public roads, or you store your vehicle until it becomes an antique, you are not required to have insurance on your vehicle.

The idea that the Federal government can force people to buy anything, let alone an expensive insurance policy, is unprecedented. It is not a tax. It is an unfunded mandate on both individuals and, by virtue of federal mandates to push more people onto Medicaid and Medicare, it is an unfunded mandate on the states as well.

And I do believe the Supreme Court will hear it. And, if they follow the Constitution, they will rule a mandatory purchase by all citizens illegal by virtue of no authority to impose such a mandate and, if they classify it as a tax, by virtue of equal protection. For instance, right now Christian Scientists and some other select groups are allowed to opt out while Methodists and Baptists cannot. And if they try to get around the Fourteenth Amendment with the commerce claus on this one, they violate the First Amendment.

I think the SCOTUS will hear the case if somebody with standing presents it.
 

wshaw14

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"mandates for you to buy auto insurance ONLY if you own a car". You made my point for me. "mandates you buy health care insurance only if you are alive" you sill surely use the system if you are. The government can surely mandate anything they want to. (proven by the seat belt mandate). I know, that was not federal. It was mandated by the states, to get federal funds. If you are counting on this being revoked I feel very sorry for you. The republicans don't have the guts. We are now ruled by the gutless. Neither party is worth a potent fart.
 

Foxfyre

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"mandates for you to buy auto insurance ONLY if you own a car". You made my point for me. "mandates you buy health care insurance only if you are alive" you sill surely use the system if you are. The government can surely mandate anything they want to. (proven by the seat belt mandate). I know, that was not federal. It was mandated by the states, to get federal funds. If you are counting on this being revoked I feel very sorry for you. The republicans don't have the guts. We are now ruled by the gutless. Neither party is worth a potent fart.
You are required to buy auto insurance ONLY if you own a car that you will drive on public roads. Don't use the public roads if you don't want to buy the insurance. Not everybody drives a vehicle on public roads and such people do not need insurance and are not required to have it.

Obamacare requires you to buy health insurance whether or not you intend to or ever will utilize the public healthcare system. There is no option to choose not to utilize the public healthcare system and therefore not need health insurance.

And that is the difference.

It remains to be seen whether the Republicans have the balls to repeal this legislation if they are given an opportunity to do so. It a certainty that Pelosi and Obama will not do so.
 

Skull Pilot

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How can any of you seriously use child labor laws as an argument for the forced purchase of health insurance?

That's not even an apples and oranges comparison but more like apples to ostriches
 

JakeStarkey

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Silly wingnut reactionaries: they have nothing that will even cause the lower courts to give the suits standing.
 

Old Rocks

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Healthcare will stand, and be expanded on. By the time the Repubs once again have a majority, they may even be the people expanding it.
 

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