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SCOTUS upholds Affordable Care Act
http://www.coveritlive.com/index2.ph...droidwidth=300
From the Scotus blog live viewer. Interesting! |
They struck down the Stolen Valor Act. :nope:
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Yeah, that's one of those laws that feels right but reads wrong. I can see how it didn't pass First Amendment scrutiny, the courts opinion seems to leave plenty of room to relegislate, though.
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From here on out whatever the government wants from the people it will be labelled as a tax. |
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I see what you mean about the tax clause setting a rather wide precedent. However, I think the only reason that this was argued under the Commerce Clause and not the taxing power is because all involved knew that passing the Act and selling it to the people would have been impossible had it been classified as a tax. |
The Government argues to the Court that it is not a tax and SCOTUS upholds it because it IS a tax?
:doh: |
I see it promises to become a happy-debate-day in America again today! :O: The question is: will Neal take the opportunity and ask Germany for political asylum, or will he face the challenge and dares to return? :D
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I recommend all invest in General Electric Healthcare. |
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AVG- I don't think anyone was hoodwinked in this. http://www.supremecourt.gov/opinions...11-393c3a2.pdf Opinion is linked above. The taxing element is around page 32 onwards |
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It would have been surprising if SCOTUS had ruled the Health Care Law unconstitutional. This is and always has been a political debate, it is for Congress and elected politicians to decide this issue. Congress wanted to pass the hot potato to SCOTUS and it has now been handed back.
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:stare: . . . :stare: . . . :06: . . . :hmmm: VOTE ROMNEY! ROMNEY IS BEST!
...even if he is crook too... |
What is particularly interesting in the last two SCOTUS rulings is the position of the Chief Justice in the decisions. Roberts has sided with the "liberal" arm of the Court in both decisions; given that his initial appointment was seen as a means of blunting the "liberal" impact on Court decisions, does this indicate a swing away from the hard "conservative" block seen in prior decisions? Is Roberrts going over to the "Dark Side" (at least in the eyes of the Tea Party faction)? It has been seen in the past how some Chief Justices and Associate Justices have had their percieved philosophical leanings coming into the Court tempered by having spent some time actually on the Court bench. Is this an indicator of a possible future swing away from strict ideology?... :hmm2:
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