ObamaCare Decision: Ruling a Right-Wing Conspiracy?, Onward to Single-Payer, Eliminate the Tax to Eliminate the Mandate?
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Advocates of President Obama's Affordable Care Act lament that their victory in the Supreme Court decision upholding the law is a sneaky, right-wing conspiracy to restrict government power by reinterpreting the Commerce Clause.
- Or maybe "[t]he largest expansion of the American welfare state since the Great Society" is a "monumental setback for a conservative movement strategy meant to sabotage, by all available means, the presidency of Barack Obama"
- Vermont Senator Bernie Sanders sees the ObamaCare ruling as only a first stop on the road to "a Medicare-for-all, single-payer system."
- Justice Scalia's dissent, which repeatedly refers to Justice Ginsburg's consurring opinion as "The Dissent," may have originally been the majority opinion.
- Ilya Shapiro points out that the Supreme Court saved the ACA by, essentially, illegally rewriting the law as a tax measure in a way that pretends to restrain government power, but does no such thing.
- Now that the individual mandate is a "tax," the Senate could, potentially, avoid a bigger battle by lowering the tax on non-compliant Americans to nothing, effectively eliminating the mandate.
- Find the ruling here (PDF).
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In any event, the ball now returns to the people, who opposed Obamacare all along, and whence all legitimate power originates. It is ultimately they who must decide?or not?to rein in the out-of-control government whose unconstitutional actions have taken us to the brink of economic disaster.
Never has a more true statement been made.
Unfortunatley I have little faith for this in the short term. Not until the tards figure out their "free healthcare" actually costs them a shit ton in actual dollars and in the quality of their health care... that's gonna take a while, and even then it will be blamed on evil Rethuglicans obstructing the laws implementation.
They're never going to figure that out. When it's discovered to be a disaster it'll be because Republicans hamstrung the details, so it just needs some editing to make it say what the almighty Democrats wanted it to say in the first place. When that doesn't work it'll be because it doesn't solve the free rider problem (never mind that that's exactly the problem it set out to solve). Then that won't work, and it'll be because there's too much red tape and it just needs some streamlining. When that doesn't work it'll be because the wrong people are in charge. Also, CORPORASHUNS! and Kochtopus and blah blah blah. We're stuck with this pig, good and permanent like.
I'd be all gobsmacked and stuff by this ruling, but we just caught a vendor violating ECPL (Energy Control and Power Lockout) in an energized machine and have to throw him out....
Back to the other side of real life...
Will you tell them to go win their Darwin Award in someone else's facility?
RED TAG VIOLATORS shall be punished!
Isn't this how Quantum Leap started?
Are you sure it wasn't a death wish brought on by this ruling?
Can you make sure your company publishes his name far and wide so nobody ever hires that idiot again?
A GOP controlled Congress and White House can effectively kill the thing filibuster or not by using fiscal law through the reconciliation process
1. lower the tax for not having insurance to zero.
2. prohibit the executive branch from spending any money to enforce any provision under the act. The President then repeals all of the implementing regulations and the bill is gone.
I think pitchforks, buckets of tar and bags full of feathers is a better idea.
I am game.
Those things will be needed to keep the GOP...focused. However, the tar does not threaten Romneybot. It only strengthens his hair.
Feathers get in the gears and cause havoc with his locomotion systems, though. So we're good.
Google Image Search "Mitt Romney in a bird suit"
Not at all what I was expecting.
whee!!
then we can have our ALREADY QUASI SOCIALIZED FRAUDULENT BLOATED EXPENSIVE WASTEFUL AND INEFFICIENT HEALTHCARE SYSTEM RETURNED TO US! Victory will be ours one day!!
We'd like to have some freedom as opposed to less.
1a. Watch as the health insurance industry collapses under free riders.
You can't kill the mandate without also killing the pre-existing conditions requirement.
Instead the republicans will do nothing.
It's quite helpful that the HR sidebar advertisement is hawking delicious, freeze-dried survival meals.
I've got a fancy razor, Reason things, and financial tools.
Count your blessings, I'm getting an Elizabeth Warren fundraising ad. I've clicked on it about 20 times, giving Reason and Insty some revenue (and not donating a nickel, obviously)
Bernie Sanders, whatever his other defects, is at least honest. He calls himself a socialist and admits that government-run healthcare is his goal.
Maybe Kennedy was tired of always being the swing vote and talked Roberts into switching with him.
I can only guess that a FISA warrant led to the discovery of a large cache of digital images on someone's home computer system.
Congress does that. 'Whack-a-scapegoat' I believe it is called.
Is "texting-thumb" a preexisting condition?
Now that the individual mandate is a "tax," the Senate could, potentially, avoid a bigger battle by lowering the tax on non-compliant Americans to nothing, effectively eliminating the mandate.
Problem is that any other administration can later hike the tax. Also in response to the decision, Romney stated he will preserve the pre-existing condition clause and other goodies. That cannot be done without out the mandate - uh - the "tax".
Here is Romney's statement. Where does he say he wants to keep major parts of Obamacare?
http://www.weeklystandard.com/.....47937.html
I am not seeing it.
Romney knows, or should know, you cannot possibly allow PECs and not have a mandate. It simply doesn't work.
He knows and so does everyone else. And the idea that they would let the insurance companies go bankrupt in order to let people keep their ponies is laughable.
Romney knows, or should know, you cannot possibly allow PECs and not have a mandate. It simply doesn't work.
Hahahahaha!!! Our evil plan is working!
Advocates of President Obama's Affordable Care Act lament that their victory in the Supreme Court decision upholding the law is a sneaky, right-wing conspiracy to restrict government power by reinterpreting the Commerce Clause.
The left is starting to realize that they've been duped.
Roberts - quite brilliantly in my opinion - has now managed to define limits to the Commerce Clause and at the same time has left Obama on the hook for Obamacare and managed to preserve the court's "neutrality" in a rabidly political situation. Obama now owns Obamacare through November and it's the official opinion of SCOTUS that it's an enormous tax increase.
It's certainly no slam dunk that Romney and the GOP will live up to their end of the deal, but this sure seems to me like a Pyrrhic victory for the Dems. I just wish the right would quit foaming at the mouth long enough to realize it.
Well, I can hope that this is the case. We'll see how the commerce clause ruling is applied in future cases.
The Right foaming at the mouth is part of the plan. It gets them motivated to get out and vote and give money to Romney.
I think this is exactly what Roberts intended. I am not however convinced that it is such a good idea.
I believe Romney has announced that he's already raised $1 million off this announcement.
I believe Romney has announced that he's already raised $1 million off this announcement.
The Right foaming at the mouth is part of the plan.
Yeah, it probably is to some degree. He didn't want Obamacare to be viewed as political "meddling" like Bush v Gore has become, so he needed to punt or whatever to look like he wasn't being political. So he ringed them in on the major issue - the Commerce Clause - and then threw red meat back out to the voters to let them deal with this in a more "legitimate" way.
Again, fucking brilliant.
And still not even close to discharging his duties as a justice, you know, calling balls and strikes.
the Senate could, potentially, avoid a bigger battle by lowering the tax on non-compliant Americans to nothing, effectively eliminating the mandate.
And since you leave it on the books that way, you can do something even more evil. Like making Jews pay 10x more than everyone else, etc.
A "pretend repeal" is an even bigger farce.
This doesn't make much sense. If Roberts was originally in the majority, why wouldn't he have written the opinion instead of Scalia. I think Scalia was addressing Ginsburg's dissent of the ruling that this does not qualify under the Commerce Clause.
The most interesting legal question is what the Medicare ruling means wrt South Dakota v. Dole.
People pointed that out in the comments. Seems correct.
I think most people want insurance, and don't want to be discriminated against, but there's really no beating around the bush now. As the Supreme Court has made clear, this is basically now a government imposed tax. Whether you buy into the program or don't comply, the government will take your money. Each American family will be on the hook for $2,000 by 2016 if they choose not to buy health care, and according to the CBO, "the insurance coverage provisions of the ACA will have a net cost of just under $1.1 trillion over the 2012?2021 period" (http://1.usa.gov/OqQe70). It's hard not to be perturbed by this "constitutional" tax, no matter how much it will help citizens.