SCOTUS upholds Affordable Care Act

[Tchocky]

http://www.coveritlive.com/index2.ph...droidwidth=300


From the Scotus blog live viewer. Interesting!

[mookiemookie]

They struck down the Stolen Valor Act.

[Tchocky]

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.

[AVGWarhawk]

Originally Posted by Tchocky

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.

There is plenty of room now to call anything a "tax" and then mandate it under the premise it is a tax.

The ruling relied on a technical explanation of how the individual mandate could be categorized. Roberts, in the opinion, said the mandate could not be upheld under the Constitution's Commerce Clause. However, it could be upheld under the government's power to tax.

Read more: http://www.foxnews.com/politics/2012...#ixzz1z6ESIZS3

From here on out whatever the government wants from the people it will be labelled as a tax.

[Tchocky]

Originally Posted by AVGWarhawk

There is plenty of room now to call anything a "tax" and then mandate it under the premise it is a tax.

I was talking about the Stolen Valor Act

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.

[TFatseas]

The Government argues to the Court that it is not a tax and SCOTUS upholds it because it IS a tax?

[AVGWarhawk]

Originally Posted by Tchocky

I was talking about the Stolen Valor Act

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.

In short..we were hoodwinked. Welcome to the USA

[Skybird]

I see it promises to become a happy-debate-day in America again today! The question is: will Neal take the opportunity and ask Germany for political asylum, or will he face the challenge and dares to return?

[AVGWarhawk]

Originally Posted by Skybird

I see it promises to become a happy-debate-day in America again today! The question is: will Neal take the opportunity and ask Germany for political asylum, or will he face the challenge and dares to return?

There is no debating. It is only opening our checkbooks to pay for everyone's well being. It is additional cash to help those who develop lung cancer from cigarettes purchased on government subsidized EBT cards. Now we can provide chemo! Awesome!

I recommend all invest in General Electric Healthcare.

[andwii]

Originally Posted by AVGWarhawk

There is no debating. It is only opening our checkbooks to pay for everyone's well being. It is additional cash to help those who develop lung cancer from cigarettes purchased on government subsidized EBT cards. Now we can provide chemo! Awesome!

I recommend all invest in General Electric Healthcare.

lol

anyway I cant go on facebook at the moment, to many people celebrating when they dont even know whats about to hit em. Most people I know can't afford health care, so they are going to get screwed out of it and end up paying a fine. I dont have the exact quote but obama said they wont raise taxes on couples making less then 250,000 dollars. Once again another obama lie as this is essentially at tax (by definition used today). Also in new york you cant have anything larger then a 20 Oz of pop, I forsee with this law upheald as a tax, the government will soon make a tax on those who drink soda.

We are from the government, and we are here to help.

[AVGWarhawk]

Originally Posted by andwii

lol

anyway I cant go on facebook at the moment, to many people celebrating when they dont even know whats about to hit em. Most people I know can't afford health care, so they are going to get screwed out of it and end up paying a fine. I dont have the exact quote but obama said they wont raise taxes on couples making less then 250,000 dollars. Once again another obama lie as this is essentially at tax (by definition used today). Also in new york you cant have anything larger then a 20 Oz of pop, I forsee with this law upheald as a tax, the government will soon make a tax on those who drink soda.

Like I stated. This is a precursor of things to come. It is not a commerce clause. It's a tax!

[Bilge_Rat]

again it all depends what Roberts is trying to achieve. As Chief Justice of SCOTUS ( a dream job for any lawyer btw), he has to worry about what effect the ruling has on the country now and for centuries to come.

He could just as easily justified that the law was unconstitutional. But his Court would then be viewed as totally partisan and worse, all the tough issues that Congress refuses to deal with would be dumped on SCOTUS's lap.

Justifying it under the "commerce" clause was becoming more and more of a stretch also and opened the Court to more of this type of political cases in the future. Justifying it under the general power to tax basically throws all these issues back to Congress where they belong. Actually a smart play if that is what he was trying to achieve.

[Sea Demon]

Originally Posted by andwii

lol

anyway I cant go on facebook at the moment, to many people celebrating when they dont even know whats about to hit em. Most people I know can't afford health care, so they are going to get screwed out of it and end up paying a fine.

I think those are the parasite class. I think they believe their fellow taxpayers will pay a higher tax to cover theirs. Some jerk calling in on our local radio said as much this morning.

You're right though, they're going to get hit. And they get what they deserve. I'm just looking for somebody on the other side of the aisle to bring up legislation requiring all citizens to own a gun to fulfill 2nd Amendment guarantees.....or pay a tax. The precedent has been set for anything now. It's just a matter of a vote, and a signature.

The liberals in this country are jerks. Why so many supporters of this law (ala Unions) are requesting waivers from the law they fought so hard to get? 20% of new waivers in Pelosi's lefty district nonetheless.

[Onkel Neal]

Originally Posted by Skybird

I see it promises to become a happy-debate-day in America again today! The question is: will Neal take the opportunity and ask Germany for political asylum, or will he face the challenge and dares to return?

Germany rejected my appeal for asylum, so did France. I guess I'm going home

[Garion]

Come to Scotland Neal, yer more than welcome

Cheers

Gary