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Well... holy wow. Healthcare Bill UpheldFollow

#1 Jun 28 2012 at 8:22 AM Rating: Excellent
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Against conventional wisdom following the hearings themselves, the SCotUS upheld the health care bill in its entirety.

Edit: I guess the legal folks are still sifting through the Medicaid parts of the suit and some of it may or may not be struck. The mandate was upheld though.

Edited, Jun 28th 2012 9:35am by Jophiel
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#2 Jun 28 2012 at 8:28 AM Rating: Excellent
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Looks like its going to be a busy weekend with Tea Party protests.
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#3 Jun 28 2012 at 8:33 AM Rating: Excellent
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Politico wrote:
The Supreme Court upheld the health care law’s individual mandate Thursday, ruling that Congress did not overstep its power by requiring nearly all Americans to buy health insurance.

Chief Justice John Roberts joined with the court’s four liberal justices in the ruling, which says Congress had the authority for the mandate under Congress’s taxing power.

The ruling is a surprise victory for the Obama administration, which faced tough questions from the court during the oral arguments in March.

I don't believe for a moment that Roberts actually sided with the law. I said form the start that, if he saw Kennedy going with the liberal side, he'd also go along because then he could write the majority opinion and strictly limit the scope of the ruling to the healthcare bill. I haven't read the ruling yet but I'm still sure that's the case. But, hey, maybe he'll show me wrong.
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#4 Jun 28 2012 at 8:35 AM Rating: Default
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This shall be interesting.. FOX news shall be even more interesting... lol
#5 Jun 28 2012 at 8:37 AM Rating: Excellent
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Well, hey, I'm eating my words already. Om nom nom nom...

Political Wire wrote:
...authored by Chief Justice John Roberts and joined in by Justices Elena Kagan, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.

No Kennedy in that list. Roberts was the "swing" vote.
Wonk Wire wrote:
The Supreme Court has upheld President Obama’s health care reform law in its entirety. Continue to check this post for up-to-the-minute information on the opinion and some of the initial analysis, and post your thoughts in the comments.

SCOTUSblog is reporting that the individual mandate has been upheld as a constitutional “tax,” with Chief Justice Roberts siding with the Court’s four liberal Justices in a 5 to 4 decision. Ezra Klein included this as the fourth way the Court could “split the difference” in its ruling, finding that the Commerce Clause is not sufficient for the mandate to be held constitutional.

The provisions expanding Medicaid have been limited, but remain largely intact, with the Court ruling that the federal government cannot withhold the funds that the states would have received without the law’s expansion.

Tom Goldstein of SCOTUSblog’s bottom line: “the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.”

Justice Kennedy’s dissent indicates that the four Justices in the minority wanted to invalidate the entire law.


Edited, Jun 28th 2012 9:40am by Jophiel
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#6 Jun 28 2012 at 8:38 AM Rating: Excellent
From what I'm hearing from news outlets, the White House's team got this through by arguing that the mandate was a tax, not a requirement for somebody to buy healthcare. Which makes sense, as the Constitution grants Congress the almost unlimited power to tax the public.
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#7 Jun 28 2012 at 8:41 AM Rating: Excellent
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In other news, the Stolen Valor law criminalizing lying about your military service/awards was struck down as unconstitutional. Also, no one will give a shit about the Holder contempt vote scheduled for today.
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#8 Jun 28 2012 at 8:45 AM Rating: Decent
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No Scalia narrative dissent :(.

Welcome to the dark side, Chief Roberts. Good to have a 50 year old liberal Chief Justice....
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#9 Jun 28 2012 at 8:48 AM Rating: Excellent
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Almalieque wrote:
This shall be interesting.. FOX news shall be even more interesting... lol


This. Smiley: lol

I'm really surprised by Roberts here as well, that was unexpected. Well I suppose this makes "repeal Obamacare" a bigger election issue now.
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#10 Jun 28 2012 at 8:50 AM Rating: Good
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Jophiel wrote:
Against conventional wisdom following the hearings themselves, the SCotUS upheld the health care bill in its entirety.

Edit: I guess the legal folks are still sifting through the Medicaid parts of the suit and some of it may or may not be struck. The mandate was upheld though.

Edited, Jun 28th 2012 9:35am by Jophiel

...and I heard it here first. Smiley: smile

Despite its lack of direct impact on me, I'm oddly thrilled about this.

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#11 Jun 28 2012 at 8:52 AM Rating: Default
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IDrownFish of the Seven Seas wrote:
From what I'm hearing from news outlets, the White House's team got this through by arguing that the mandate was a tax, not a requirement for somebody to buy healthcare. Which makes sense, as the Constitution grants Congress the almost unlimited power to tax the public.


Which apparently is ironic as President Obama argued that it wasn't a tax, but it being a tax is what upheld it....

Jophiel wrote:
In other news, the Stolen Valor law criminalizing lying about your military service/awards was struck down as unconstitutional. Also, no one will give a shit about the Holder contempt vote scheduled for today.


I am slightly bothered by this ruling, but I'm not educated on what's "constitutional" as only things that you don't like seem to be "unconstitutional".
#12 Jun 28 2012 at 8:53 AM Rating: Excellent
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someproteinguy wrote:
I'm really surprised by Roberts here as well, that was unexpected. Well I suppose this makes "repeal Obamacare" a bigger election issue now.

"Repeal Obamacare" is better than "The president wasted a year making a law that was never going to be constitutional in a massive overreach of power".

One is them trying to knock down a huge success, the other is proof of failure.
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#13 Jun 28 2012 at 8:53 AM Rating: Good
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Smasharoo wrote:
No Scalia narrative dissent :(.

Welcome to the dark side, Chief Roberts. Good to have a 50 year old liberal Chief Justice....
It was probably the wiley feminine ways of Kagan that have turned him.


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#14 Jun 28 2012 at 8:53 AM Rating: Excellent
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Elinda wrote:
Smasharoo wrote:
No Scalia narrative dissent :(.

Welcome to the dark side, Chief Roberts. Good to have a 50 year old liberal Chief Justice....
It was probably the wiley feminine ways of Kagan Ginsberg that have turned him.

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#15 Jun 28 2012 at 8:56 AM Rating: Good
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Jophiel wrote:
One is them trying to knock down a huge success, the other is proof of failure.
Wouldn't matter, I'm sure the hardcore partyliners had arguments for both outcomes prepared months ago.
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#16 Jun 28 2012 at 9:00 AM Rating: Good
Really, really odd that Roberts voted for & Kennedy dissented.
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#17 Jun 28 2012 at 9:01 AM Rating: Excellent
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Of course they did. But it matters in messaging. This was a big win for the administration and, while there would have been a brave face put on it, striking down the law would have been a big loss. I'm sure Gbaji will roll by later though to explain how this is exactly what Romney wanted.

Also, lulz...
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Former George W. Bush press secretary Ari Fleischer tweets, "I miss Justice Harriet Miers." Miers was the White House counsel Bush nominated to the Supreme Court who withdrew her nomination after outrage that she was unqualified. Bush nominated Chief Justice John Roberts instead.
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#18djvsdjvs, Posted: Jun 28 2012 at 9:03 AM, Rating: Sub-Default, (Expand Post) IMO, Mr. Roberts has betrayed the American people....I have only one question for him. How much money does it take to buy a Chief Justice of the Supreme Court ? I suspect Mr. Roberts has forgotten the basics of America and over-thought the subject. On the bright side, another scumbag was put to death in Arizona.
#19 Jun 28 2012 at 9:05 AM Rating: Excellent
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Omegavegeta wrote:
Really, really odd that Roberts voted for & Kennedy dissented.


Some people are saying he voted in favor because he thought Kennedy was going to and if it was going to pass anyway, he wanted to be on the "winning side" so he could write a narrowly contrued decision.
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#20 Jun 28 2012 at 9:06 AM Rating: Default
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djvsdjvs wrote:
IMO, Mr. Roberts has betrayed the American people....I have only one question for him. How much money does it take to buy a Chief Justice of the Supreme Court ? I suspect Mr. Roberts has forgotten the basics of America and over-thought the subject. On the bright side, another scumbag was put to death in Arizona.



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#21 Jun 28 2012 at 9:07 AM Rating: Default
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Really, really odd that Roberts voted for & Kennedy dissented.


Just the first one, really. As important as the ruling itself is the indication that this may be the end of the reign of Anthony, first of his name, King of the United States. The king is dead, long live the king. Maybe he'll die from the stress and Obama can squeeze in another liberal before losing the election.
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#22 Jun 28 2012 at 9:07 AM Rating: Excellent
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I'll slightly amend my above remark to this: This is a big win for Obama because it's not a big loss. I don't expect that he'll run on the law but he can try to handle criticism by offering to work to amend it as need be.

A strike down would have been a big loss, invalidating his largest achievement and furthering the mantra of illegal takeovers and stuff. Getting Roberts as the swing vote was a major, if unplanned, coup. So we're back to where we were a few days ago which is a lot better than being deep in a hole.
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#23 Jun 28 2012 at 9:10 AM Rating: Excellent
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Bigdaddyjug wrote:
Some people are saying he voted in favor because he thought Kennedy was going to and if it was going to pass anyway, he wanted to be on the "winning side" so he could write a narrowly contrued decision.

I've no idea how those mechanics of the Supreme Court work. Is it possible to spring a surprise ruling on the other justices? I mean, they spent something like six or eight weeks knocking this case around before issuing their ruling on the last day of their session before they all head to the Jersey Shore.
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#24 Jun 28 2012 at 9:10 AM Rating: Decent
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Some people are saying he voted in favor because he thought Kennedy was going to and if it was going to pass anyway, he wanted to be on the "winning side" so he could write a narrowly contrued decision.


Yeah, that's not how that works. It's not a "surprise" to any of the justices how another will vote. They discuss cases for months. "Oh ****, turns out Kennedy wrote the dissent and sees the whole law as invalid! What?! I was trixed!" can't and doesn't happen.
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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? ***. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#25 Jun 28 2012 at 9:14 AM Rating: Good
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Jophiel wrote:
before they all head to the Jersey Shore.
Well, if I ever needed a reason to hate people ...
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#26 Jun 28 2012 at 9:16 AM Rating: Excellent
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Fortunately, the GOP is fast at work on this, planning a symbolic and time wasting repeal vote for July that'll never move an inch in the Senate. Yay politics!
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