Affordable Care Act / ObamaCare

[carlfense]

6 hours (!) of oral arguments will be heard next week. (By comparison Bush v. Gore had only 90 minutes.)This is probably the most dramatic Supreme Court case in decades.

Let's hear the predictions.

Edit: added a third option that sounds increasingly likely.

 

[JJ Husker]

How they "will" rule and how they "should" rule are 2 completely different questions. They should find it unconstitutional but I'm not convinced that they will. There are a bunch of great pieces in the Obamacare legislation, and some bad ones too, but I will never feel our government has any right to coerce it's citizens into a a healthcare plan, even if it is for their own good. Who are they to tell us we must purchase health insurance or be monetarily punished if we don't? I'm pretty sure the constitution expressly denies them that power. But I'm also sure there have been some boneheaded precedents that will allow them to rationalize trampling our rights once again.

 

[carlfense]

I'm pretty sure the constitution expressly denies them that power.

Which part of the Constitution do you think denies them that power?

I wouldn't be surprised either way. I think there is about an 80% chance that they uphold it but I would be far from shocked if it was struck down.

 

[Hingle McCringleberry]

I'm pretty sure the constitution expressly denies them that power.

Which part of the Constitution do you think denies them that power?

I wouldn't be surprised either way. I think there is about an 80% chance that they uphold it but I would be far from shocked if it was struck down.

Off the cuff 60% it stands... Court is slightly right, but this years session has already shown the court breaking in odd ways, specifically the car tracking case... While the vote was unanimous, the opinions written about made for strange bed fellows... Either way this is one of the only times I wish they allowed cameras in the courtroom...

Guess on the vote break down... IMO stand or fall it will be 5-4, the question is who will be the tie breaker...

 

['SkersRule]

Which part of the Constitution do you think denies them that power?

I wouldn't be surprised either way. I think there is about an 80% chance that they uphold it but I would be far from shocked if it was struck down.

Which part of the Constitution do think expressly gives them that power?

It should definitely be struck down and ruled as unconstitutional. The government has absolutely no right to require me to buy anything and they have even less power to fine me or send me to jail for refusing to buy whatever they are selling. That's the kind of bullsh** that happens in a dictatorship, not a republic.

 

[carlfense]

Which part of the Constitution do think expressly gives them that power?

Commerce Clause.

Edit: Excellent summary of both sides of the argument from Politico. Entertaining read. http://www.politico.com/news/stories/0312/74324.html

 

[Count 'Bility]

How they "will" rule and how they "should" rule are 2 completely different questions. They should find it unconstitutional but I'm not convinced that they will. There are a bunch of great pieces in the Obamacare legislation, and some bad ones too, but I will never feel our government has any right to coerce it's citizens into a a healthcare plan, even if it is for their own good. Who are they to tell us we must purchase health insurance or be monetarily punished if we don't? I'm pretty sure the constitution expressly denies them that power. But I'm also sure there have been some boneheaded precedents that will allow them to rationalize trampling our rights once again.

It's basically telling us we're losing our asses either way. Right in the governement's wheelhouse.

 

['SkersRule]

Commerce Clause says nothing about that. Here is the on-line version of the US Constitution. Section 8 specifically details the powers and responsibilities of Congress.

http://www.archives....transcript.html

Where exactly does it say that Congress has the authority to make you, me, or anyone else buy anything? I want you to provide the exact language within the Constitution.

 

[carlfense]

Where exactly does it say that Congress has the authority to make you, me, or anyone else buy anything? I want you to provide the exact language within the Constitution.

"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes . . ."

 

[husker_99]

Which part of the Constitution do think expressly gives them that power?

Commerce Clause.

Edit: Excellent summary of both sides of the argument from Politico. Entertaining read. http://www.politico....0312/74324.html

What if they later included you must get a monthly check up and you couldn't afford it? that you had to be tested every so often? Once you start giving the government power it never goes away. What if the co pay was too high? this is strictly about health insurance companies getting more money. Be careful what you wish for.

 

[carlfense]

Which part of the Constitution do think expressly gives them that power?

Commerce Clause.

Edit: Excellent summary of both sides of the argument from Politico. Entertaining read. http://www.politico....0312/74324.html

What if they later included you must get a monthly check up and you couldn't afford it? that you had to be tested every so often? Once you start giving the government power it never goes away. What if the co pay was too high? this is strictly about health insurance companies getting more money. Be careful what you wish for.

Who is wishing? I'm trying to predict what the Court will do with it. My opinion doesn't really matter too much.

 

[husker_99]

Where exactly does it say that Congress has the authority to make you, me, or anyone else buy anything? I want you to provide the exact language within the Constitution.

"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes . . ."

try again. His point is the government doesn't have the power to make individuals buy certain stuff.

 

[carlfense]

Where exactly does it say that Congress has the authority to make you, me, or anyone else buy anything? I want you to provide the exact language within the Constitution.

"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes . . ."

try again. His point is the government doesn't have the power to make individuals buy certain stuff.

Let's wait and see, shall we? You might just be right.

 

[husker_99]

Where exactly does it say that Congress has the authority to make you, me, or anyone else buy anything? I want you to provide the exact language within the Constitution.

"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes . . ."

try again. His point is the government doesn't have the power to make individuals buy certain stuff.

Let's wait and see, shall we? You might just be right.

so every time you get a soda you must buy coke? that is exactly what he is saying. we have freedom of choice. mandated healthcare takes away that choice.