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Subject: CNN reporting: Obamacare mandate struck down by SCOTUS. (EDIT: No, maybe not. WTH?) rss

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Chapel
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Re: CNN reporting: Obamacare mandate struck down by SCOTUS.
Uh, you may want to give this one a few minutes.
 
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Re: CNN reporting: Obamacare mandate struck down by SCOTUS.
SCOTUSblog: "The bottom line: the entire ACA is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is narrowly read."

My understanding is the "survives as a tax" thing is basically the Supreme Court saying "well, if it were a mandate for reals, then it would be unconstitutional, but it's clearly a tax instead, so it's fine."
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"Coolhand" Luke
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Chief Justice Roberts joins the left to save the bill.
 
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Re: CNN reporting: Obamacare mandate struck down by SCOTUS.
Also, as an aside:

Drew1365 wrote:
This essentially guts the law, because so much of it is based on the individual mandate.


Had the mandate been struck down this would have been completely wrong anyway, but whatevs.
 
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Ed Bradley
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Hilarious.

My twitter feed and Drew's thread title in total opposition to each other in the same minute.

How long til I find out which is correct?
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Rich Shipley
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rshipley wrote:
The other way to look at it is that everyone is being charged a healthcare tax. If you have health insurance, you get a tax credit that offsets it. You may say that is not how it has been described, but to a court it should be a distinction without a diference.

Posted Mon Mar 26, 2012 12:31 pm


I told you so.
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Also, CNN saying "this is about as messy as it could get" is hilarious because, well, that's often what happens when non-lawyers read law.

I'm looking at the summary of the decision now (fuck work! this is fun!) and:

"Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it."
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Chad
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So, is Roberts still the devil?
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Chapel
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Legislating from the bench in 3...2...1
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Utrecht wrote:
So, is Roberts still the devil?


Roberts' evil has always been the pragmatic kind, and I'm surprised that Kennedy didn't sign on the majority. Wait, not "surprised." More "used to the general uselessness of Kennedy."
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Chad
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What is interesting is that that based off of the quick reading I have done is that the SC basically said that this has nothign to do with the commerce clause - but it is actually a tax.

and also interesting that Kennedy voted against it.
 
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Drew1365 wrote:
Utrecht wrote:
So, is Roberts still the devil?


It will be fun watching the left walk-back all their anti-SCOTUS screeds from the last few weeks.


Until they reverse Citizens United, I'll always be anti-SCOTUS.
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いい竹やぶだ!

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Looks like Truman defeats Dewey after all.
 
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Interesting: the dissent would have struck down not just the mandate but indeed the entire ACA (which is, frankly, loony-tunes jurisprudence, but to be expected from SCOTUS' judicial wing these days). Roberts may have sided with the majority because the dissent was so fierce.
 
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Rich Shipley
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Drew1365 wrote:
Utrecht wrote:
So, is Roberts still the devil?


It will be fun watching the left walk-back all their anti-SCOTUS screeds from the last few weeks.


I don't think I made any, but Roberts acted like a Chief Justice this term. I still vehemently disagree on Citizens United and related cases.

Looks like there's also a determination that states can opt out of Medicaid expansion without losing their existing Medicaid money. So a minor loss with a major win.
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Chad
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mightygodking wrote:
but to be expected from SCOTUS' judicial wing these days)


You mean all 9? Seriously take off the partisan blinders

Quote:
Roberts may have sided with the majority because the dissent was so fierce.


Ah, yes, I forgot you could read his mind. Could it again be.... that Roberts used precedence and decided that it was actually constitutional - I know this is a radical concept for you - and one that you seemingly want to ignore dispite evidence to the contrary.
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mightygodking wrote:
Interesting: the dissent would have struck down not just the mandate but indeed the entire ACA (which is, frankly, loony-tunes jurisprudence, but to be expected from SCOTUS' judicial wing these days). Roberts may have sided with the majority because the dissent was so fierce.


From what I read, the Lib members wanted to keep it under the Commerce clause, but Roberts didn't agree with that part, hence the mandate is now a tax.
 
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Coolhanded88 wrote:
Chief Justice Roberts joins the left to save the bill.


This dramatically improves my opinion of Chief Justice Roberts. If he were an ideologue to the core, this would not have happened.
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perfalbion wrote:
This dramatically improves my opinion of Chief Justice Roberts. If he were an ideologue to the core, this would not have happened.


Roberts is still an ideologue to the core. He's just slightly differently ideological than the other conservatives on the court: he likes federal power.
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Fwing wrote:
Hilarious.

My twitter feed and Drew's thread title in total opposition to each other in the same minute.

How long til I find out which is correct?


CNN did list that the law had been struck down very briefly on their web page - I saw it myself. It's likely that they had prepared content that could go either way and someone smacked the wrong button, was flung out a window, and then somebody hit the correct button. In the span of five minutes I went from "I'm dying to know what the opinion says as to why" to "I'm still dying to know what the opinion says as to why, but I'm happier with the outcome by a wide, wide margin."
 
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So now Fox News is tearing down John Roberts as a traitor & Drudge has a big pic of him on the front page smiling.
Have fun eating your own, Republicans.
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Ken
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mightygodking wrote:
Roberts is still an ideologue to the core.


Well, we will disagree on this. Justice Scalia strikes me as being an ideologue to the core. Ditto for Justice Thomas. Justice Roberts is at least willing to rule against something he might politically oppose when the Constitution makes it legal for the government to do. And that's what I think happened in this instance. But we'll know when he retires and writes his book.
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fightcitymayor wrote:
So now Fox News is tearing down John Roberts as a traitor


Damn him for doing his job!
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Chapel
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fightcitymayor wrote:
John Roberts as a traitor


Which I love as Justices are supposed to be non-partisan. He's not a traitor, he's a Judge.
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