Will Health Care Plan Make It Through The Courts?

Annie

Diamond Member
Joined
Nov 22, 2003
Messages
50,848
Reaction score
4,826
Points
1,790
There was some discussion on the topic on another thread. I couldn't answer the question, but I just ran across this in the WaPo, written by someone more qualified:

Is health-care reform constitutional?

Is health-care reform constitutional?
By Randy E. Barnett
Sunday, March 21, 2010; B02

With the House set to vote on health-care legislation, the congressional debate on the issue seems to be nearing its conclusion. But if the bill does become law, the battle over federal control of health care will inevitably shift to the courts. Virginia's attorney general, Ken Cuccinelli II, has said he will file a legal challenge to the bill, arguing in a column this month that reform legislation "violate the plain text of both the Ninth and Tenth Amendments." On Friday, South Carolina Attorney General Henry McMaster and Florida Attorney General Bill McCollum announced that they will file a federal lawsuit if health-care reform legislation passes.

Will these cases get anywhere? Here is a guide to the possible legal challenges to a comprehensive health-care bill...


Randy E. Barnett teaches constitutional law at Georgetown University. He is the author of "Restoring the Lost Constitution: The Presumption of Liberty." He will be online to chat with readers at 11 a.m. on Monday, March 22. Submit your questions and comments before or during the discussion.
 

The Rabbi

Diamond Member
Joined
Sep 16, 2009
Messages
67,734
Reaction score
7,917
Points
1,840
Location
Nashville
The bigger question: Will it make it through the next GOP Congress after November?
 

RetiredGySgt

Diamond Member
Joined
May 6, 2007
Messages
48,621
Reaction score
10,677
Points
2,040
Location
North Carolina
The bigger question: Will it make it through the next GOP Congress after November?

Yes it will. Why? Because once something is passed with the President's blessing it requires that Congress be able to override his Veto. Even if every Senator running for reelection this year is voted in as a republican there are not enough Senate votes to over come a Presidential Veto. Further there are only currently 170 some Republicans in the House. There would have to be a monster landslide in the House for them to be able to over ride a Presidential veto.

I can not believe you people are so IGNORANT about how our Government works.
 

The Rabbi

Diamond Member
Joined
Sep 16, 2009
Messages
67,734
Reaction score
7,917
Points
1,840
Location
Nashville
The bigger question: Will it make it through the next GOP Congress after November?

Yes it will. Why? Because once something is passed with the President's blessing it requires that Congress be able to override his Veto. Even if every Senator running for reelection this year is voted in as a republican there are not enough Senate votes to over come a Presidential Veto. Further there are only currently 170 some Republicans in the House. There would have to be a monster landslide in the House for them to be able to over ride a Presidential veto.

I can not believe you people are so IGNORANT about how our Government works.

Wouldn't need that.
All they need to do is refuse to fund it.

And aren't you the one who maintained the constitution forbids spending money in individual congressional districts? Id be careful with the ignorant word.
 
OP
Annie

Annie

Diamond Member
Joined
Nov 22, 2003
Messages
50,848
Reaction score
4,826
Points
1,790
The bigger question: Will it make it through the next GOP Congress after November?

Yes it will. Why? Because once something is passed with the President's blessing it requires that Congress be able to override his Veto. Even if every Senator running for reelection this year is voted in as a republican there are not enough Senate votes to over come a Presidential Veto. Further there are only currently 170 some Republicans in the House. There would have to be a monster landslide in the House for them to be able to over ride a Presidential veto.

I can not believe you people are so IGNORANT about how our Government works.

Wouldn't need that.
All they need to do is refuse to fund it.

I'm still trying to figure out how he came up with the override the veto deal. :confused:

With a new Congress not just power of funding, but power of changing the legislation.
 

The Rabbi

Diamond Member
Joined
Sep 16, 2009
Messages
67,734
Reaction score
7,917
Points
1,840
Location
Nashville
Yes it will. Why? Because once something is passed with the President's blessing it requires that Congress be able to override his Veto. Even if every Senator running for reelection this year is voted in as a republican there are not enough Senate votes to over come a Presidential Veto. Further there are only currently 170 some Republicans in the House. There would have to be a monster landslide in the House for them to be able to over ride a Presidential veto.

I can not believe you people are so IGNORANT about how our Government works.

Wouldn't need that.
All they need to do is refuse to fund it.

I'm still trying to figure out how he came up with the override the veto deal. :confused:

With a new Congress not just power of funding, but power of changing the legislation.

Changing the legislation is trickier. THey pass a bill, Obama vetoes it. Now what? They dont have the votes for an over-ride.
 
OP
Annie

Annie

Diamond Member
Joined
Nov 22, 2003
Messages
50,848
Reaction score
4,826
Points
1,790
Wouldn't need that.
All they need to do is refuse to fund it.

I'm still trying to figure out how he came up with the override the veto deal. :confused:

With a new Congress not just power of funding, but power of changing the legislation.

Changing the legislation is trickier. THey pass a bill, Obama vetoes it. Now what? They dont have the votes for an over-ride.

I thought he was referring to after November on the override, that was confusing to me.
 

Vanquish

Vanquisher of shills
Joined
Aug 14, 2009
Messages
2,663
Reaction score
358
Points
98
Healthcare is just as constitutional as Medicare. I know some of the conservatives are scared and really hoping there's a way to kill it since (*fingers crossed*) it looks like it's going to pass...but sorry, it's constitutional.
 

RetiredGySgt

Diamond Member
Joined
May 6, 2007
Messages
48,621
Reaction score
10,677
Points
2,040
Location
North Carolina
The bigger question: Will it make it through the next GOP Congress after November?

Yes it will. Why? Because once something is passed with the President's blessing it requires that Congress be able to override his Veto. Even if every Senator running for reelection this year is voted in as a republican there are not enough Senate votes to over come a Presidential Veto. Further there are only currently 170 some Republicans in the House. There would have to be a monster landslide in the House for them to be able to over ride a Presidential veto.

I can not believe you people are so IGNORANT about how our Government works.

Wouldn't need that.
All they need to do is refuse to fund it.

And aren't you the one who maintained the constitution forbids spending money in individual congressional districts? Id be careful with the ignorant word.

Dumb ass I said the Government can not provide an entitlement that is not uniformly applied to all States.
 

The Rabbi

Diamond Member
Joined
Sep 16, 2009
Messages
67,734
Reaction score
7,917
Points
1,840
Location
Nashville
Yes it will. Why? Because once something is passed with the President's blessing it requires that Congress be able to override his Veto. Even if every Senator running for reelection this year is voted in as a republican there are not enough Senate votes to over come a Presidential Veto. Further there are only currently 170 some Republicans in the House. There would have to be a monster landslide in the House for them to be able to over ride a Presidential veto.

I can not believe you people are so IGNORANT about how our Government works.

Wouldn't need that.
All they need to do is refuse to fund it.

And aren't you the one who maintained the constitution forbids spending money in individual congressional districts? Id be careful with the ignorant word.

Dumb ass I said the Government can not provide an entitlement that is not uniformly applied to all States.

And you are wrong.
Dipshit.
 

The Rabbi

Diamond Member
Joined
Sep 16, 2009
Messages
67,734
Reaction score
7,917
Points
1,840
Location
Nashville
Whoops.
Hadnt realized he had died. If I saw that I forgot it.
 

Oscar Wao

Victory is Mine
Joined
Dec 15, 2008
Messages
2,144
Reaction score
303
Points
98
Location
Munster, IN
Will Health Care Plan Make It Through The Courts?

The Obama Hellcare Law will be found to be unconstitutional on 10th Amendment grounds by SCOTUS 5-4 conservative majority.;

.
It would be up to Justice Kennedy, really...he can go either way.

Sometimes the concept of "swing" sucks.
 
Last edited:

DiamondDave

Army Vet
Joined
Jun 30, 2008
Messages
18,169
Reaction score
2,824
Points
183
Location
MD, on the Potomac River
Healthcare is just as constitutional as Medicare. I know some of the conservatives are scared and really hoping there's a way to kill it since (*fingers crossed*) it looks like it's going to pass...but sorry, it's constitutional.

Without using the already debunked "general welfare clause" argument... show where the government has this power... show where they have the ability to force purchase of a product... and show where you are owed goddamn anything at the expense of another's right to personal property

Goddamn idiot entitlement junkies.... greedy little sonofabitches and super generous when it comes down to the money of others
 

Most reactions - Past 7 days

Forum List

Top