SCOTUS Healthcare Ruling

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donner

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this has to be the most confusing opinion I've ever seen come down from the high court. It's constitutional but not for the reasons POTUS gave. He claimed it wasn;t a tax but that's the exact reason the Justices said it could be constitutional. I think we just saw another case of the court trying to make policy

it's strange indeed.
 

inactive

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It's constitutional but not for the reasons POTUS gave.

While the thought persists that Obama was a constitutional law attorney, I'd certainly trust more in Roberts' opinion on this matter than his. Their ruling, while I disagree with the law, makes sense. It's not a stretch to consider this a tax. That is much more logical than believing the commerce clause has authority over opting out.
 

doctorjj

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why would it be struck down? From the blogs i'm reading it looks like the four liberal judges agreed it should be upheld under the commerce clause and as a tax. Roberts wouldn't agree to the commerce clause but agreed it was a tax. Therefore it stands as a tax but only because congress has the ability to levy taxes not because of it's power under the commerce clause. Therefore, as i am reading it right now, if congress repealed the tax then it would repeal the law. I'd think that congress' power to levy taxes also means it can repeal them.

Because it is forcing citizen's to purchase items from business. As DustinGaunder pointed out in another thread, he wishes Congress would make the purchase of suppressors mandatory because of such a boost it would give to his business. If they can make you purchase health insurance what else can they make you purchase and why won't they in the future?
 

donner

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Because it is forcing citizen's to purchase items from business. As DustinGaunder pointed out in another thread, he wishes Congress would make the purchase of suppressors mandatory because of such a boost it would give to his business. If they can make you purchase health insurance what else can they make you purchase and why won't they in the future?

That is a common argument and one i agree with, but it has nothing to do with the statement i quoted. The courts view this as a tax and that it's within congress' power to levy taxes then why would the court strike down a law repealing the tax?
 

alank2

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Hi,

I am baffled by this. Isn't it the role of the Supreme Court to deem a law constitutional or not? What gives them the right to "change" a law? Even if they say ok, you can't do it this way or that way, but you CAN do it this way - shouldn't the congress have to go back and pass a NEW LAW that rewords or amends it to do what the court says is constitutional? Does the Supreme Court have the right to change the law to a tax when it wasn't designed so originally?

Thanks,

Alan
 

Shadowrider

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While the thought persists that Obama was a constitutional law attorney, I'd certainly trust more in Roberts' opinion on this matter than his. Their ruling, while I disagree with the law, makes sense. It's not a stretch to consider this a tax. That is much more logical than believing the commerce clause has authority over opting out.

I tend to agree. What it boils down to in my mind is that they only reiterated that congress has authority to tax. So in other words they (SCOTUS) just punted and said that the president lied his ass off to the public when stumping for this POS.
 

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