June 28, 201214 yr Unlike Congress, it sounds like the Supreme Court (or their clerks) at least read the law.
June 28, 201214 yr Anytime I'm reading a Supreme Court case, I'm reminded of one of my favorite quotes from an old episode of Doctor Who: "Logic, my dear, merely enables one to be wrong with authority." There are nine profoundly intelligent jurists on that bench and each one of them could make a powerfully reasoned argument and reach completely different conclusions. I never know how to read these things at first. Yep, I've had to reread each page at least twice. It didn't pass the Commerce Clause muster b/c Congress can't force people to participate in commerce, but it did the taxing power, b/c you can tax them for not participating in a program? Say what?
June 28, 201214 yr Today's Other Issue: States and Medicaid Expansion Good article from SCOTUSblog outlining the decisions on what we'd have to consider the secondary issue in today's ACA ruling. The first paragraph sums it up perfectly then goes into detail about how several combinations of votes got us to that conclusion. Basically, the Medicaid expansion is constitutional but states can ask out provided they decline the additional federal funds that would have come along with the expansion.
June 28, 201214 yr Someone is in trouble: [ATTACH=CONFIG]36858[/ATTACH] CNN congratulates 2012 NBA Champions the Oklahoma City Thunder!
June 28, 201214 yr Poor Justice John Roberts. He just wrote the majority opinion and took the left-leaning justices to task for overuse of the Commerce Clause and struck a blow for scaling back that provision, something the right absolutely loves, and yet he is probably about to get absolutely ROASTED by the conservative media. What a guy.
June 28, 201214 yr CNN congratulates 2012 NBA Champions the Oklahoma City Thunder! Good job CNN... I mean... Chicago Tribune.
June 28, 201214 yr President Obama said it wasn't a tax. One thought, Chief Justice Roberts isn't comfortable making policy from the bench.....is the Liberal members of the court as restrained as him?
June 28, 201214 yr Poor Justice John Roberts. He just wrote the majority opinion and took the left-leaning justices to task for overuse of the Commerce Clause and struck a blow for scaling back that provision, something the right absolutely loves, and yet he is probably about to get absolutely ROASTED by the conservative media. What a guy. Yea, exactly. I think the hyper-partisan nature of this issue has driven people into looking for strictly all or nothing, win or lose outcomes, when the Court doesn't really operate like that. And shouldn't.
June 28, 201214 yr Yea, exactly. I think the hyper-partisan nature of this issue has driven people into looking for strictly all or nothing, win or lose outcomes, when the Court doesn't really operate like that. And shouldn't. I'm not a lawyer or scholar. After reading this though Chief Justice Roberts did 2 things, intended or not. He isn't creating or dictating policy from the bench. He also indicted politics in this country, saying if you don't like policy your lawmakers are making, vote them out in November....
June 28, 201214 yr http://bluegrasspreps.com/kentucky-national-politics/healthcare-court-ruling-236673.html
June 28, 201214 yr The court did not want to 'fix' this. So a 'partial' ruling would have required them to then 'own' the new creation - what ever it was. Thus, their option was approve it or toss the whole thing to keep from owning it themselves. This ruling keeps them from having to 'own' it. I am sure 9 judges did not want to own a 2,700 page law. I thought they tortured the law to get there. And if you had concerns about a powerful IRS before this reenforces their role since everyone will under suspicion of dodging 'their fair share' starting in 2014. The King's, err...federal government, tax collectors will have ultimate power under this - since it is a tax.
June 28, 201214 yr Author I found this info on the MA Health Care Law. High approval rating for the law. I'm not sure exactly how similar it is to the AHCA though. https://www.mahealthconnector.org/portal/binary/com.epicentric.contentmanagement.servlet.ContentDeliveryServlet/About%2520Us/News%2520and%2520Updates/2011/Week%20Beginning%20March%2006/10%2520FACTS%2520POSTER.pdf
June 28, 201214 yr I'm not a lawyer or scholar. After reading this though Chief Justice Roberts did 2 things, intended or not. He isn't creating or dictating policy from the bench. He also indicted politics in this country, saying if you don't like policy your lawmakers are making, vote them out in November.... It was one of the best parts of the ruling. Roberts is a phenomenal Chief Justice, as part of that job these days is protecting the integrity of the court against politicization. He openly stated that this ruling doesn't address issues of whether or not the law is a good idea or an advisable thing to do, simply whether or not it's legal. It's a pretty darn good bit of writing by Chief Justice Roberts.
June 28, 201214 yr Author I heard Gov Romney repeat the line that now "govt will come between you and your doctor." What does that mean?
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