quote:

Appeals court rules against Obama healthcare law






(Reuters) - An appeals court ruled Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.

http://www.reuters.com/article/2011/08/12/us-usa-healthcare-idUSTRE77B4J320110812

quote:

...The majority of the panel said they couldn’t uphold the mandate because there would be no limit to Congress’s powers if they did. Opponents of the law have frequently argued that if Congress can require people to buy insurance, they can force people to do anything else, such as buy broccoli or a gym membership for their health benefits.

The federal government argued that the law only regulates how people obtain health care — something all Americans will need at some point in their lives. They say the uniqueness of the market makes the health field different than broccoli or gym purchases.

“We have not found any generally applicable, judicially enforceable limiting principle that would permit us to uphold the mandate without obliterating the boundaries inherent in the system of enumerated congressional powers,” Dubina and Hull wrote. “'Uniqueness’ is not a constitutional principle in any antecedent Supreme Court decision.”

Read more: http://www.politico.com/news/stories/0811/61218.html#ixzz1UqLht5Rb

quote:

ORIGINAL: pogo4pres

For the utterly stupid out there, this ruling now opens the door to remove the "mandatory auto-insurance scam"  If one is unconstitutional, so is the other.  This establishes a two tiered insurance system, and THAT is what is unconstitutional.  That one can be subject to an enforced mandate and not the other, seems to me to be in violation of the 14th amendment.

quote:

ORIGINAL: pogo4pres

FR


For the utterly stupid out there, this ruling now opens the door to remove the "mandatory auto-insurance scam"  If one is unconstitutional, so is the other. 
Insuringly,
Some Knucklehead in NJ

quote:

ORIGINAL: tazzygirl

This isnt snark. 

If one state can be allowed to uphold the laws of another state.... curious, ya know?

quote:

ORIGINAL: willbeurdaddy

quote:

ORIGINAL: tazzygirl
This isnt snark. 

If one state can be allowed to uphold the laws of another state.... curious, ya know?

I dont know where youre going with the sentence fragment. What about "upholding the laws of another state"? And wherever youre going with it, be careful to distinguish between "upholding", "recognizing", and "reciprocity".

quote:

ORIGINAL: willbeurdaddy

quote:

ORIGINAL: tazzygirl

This isnt snark. 

If one state can be allowed to uphold the laws of another state.... curious, ya know?

I dont know where youre going with the sentence fragment. What about "upholding the laws of another state"? And wherever youre going with it, be careful to distinguish between "upholding", "recognizing", and "reciprocity".

quote:

ORIGINAL: joether

quote:

ORIGINAL: willbeurdaddy

quote:

ORIGINAL: tazzygirl
This isnt snark. 

If one state can be allowed to uphold the laws of another state.... curious, ya know?

I dont know where youre going with the sentence fragment. What about "upholding the laws of another state"? And wherever youre going with it, be careful to distinguish between "upholding", "recognizing", and "reciprocity".

Ever hear of the phrase "Careful What You Wish For". It applies in this court case....

What your asking for, is not really what you'll get in the end. Because the thing at the end, is not often the thing you thought you were going to get.

quote:

ORIGINAL: pogo4pres

FR


For the utterly stupid out there, this ruling now opens the door to remove the "mandatory auto-insurance scam"  If one is unconstitutional, so is the other.  This establishes a two tiered insurance system, and THAT is what is unconstitutional.  That one can be subject to an enforced mandate and not the other, seems to me to be in violation of the 14th amendment.



Insuringly,
Some Knucklehead in NJ

quote:

ORIGINAL: DarkSteven

The health care law was headed to the SCOTUS the minute it was passed.  Appeals court is another step in the process.

quote:

ORIGINAL: StrangerThan

quote:

ORIGINAL: joether

quote:

ORIGINAL: willbeurdaddy

quote:

ORIGINAL: tazzygirl
This isnt snark. 

If one state can be allowed to uphold the laws of another state.... curious, ya know?

I dont know where youre going with the sentence fragment. What about "upholding the laws of another state"? And wherever youre going with it, be careful to distinguish between "upholding", "recognizing", and "reciprocity".

Ever hear of the phrase "Careful What You Wish For". It applies in this court case....

What your asking for, is not really what you'll get in the end. Because the thing at the end, is not often the thing you thought you were going to get.

You're damned right you should be careful what you ask for. A few years ago a lot of people, myself included, were screaming at republicans, Bush, congress in general over the Patriot Act. Shit ran every day on the news about it. Now, it barely gets mention when it comes up for re-approval.

I told my brother then, who was a big Bush supporter, fight every damned attempt to whittle away at rights, at government forcing itself upon you, because once it's done, you can never go back, and the place you start is only the doorway. Giving Congress the power to force you to buy something is just stupid. The issue isn't just right now, it's 20 years down the road when it is an acceptable practice.

Its like I told my brother, look past Bush. Look at the next dickhead who would be president because sooner or later, he's not going to be on your side.

I'm all for reforming health care. It is past time that we did. I'm not jumping on any boat however that gives politicians more control over my life and those who come after. The shitty things that will be written about this time in history is that this is a time when people were either afraid enough or politically polarized enough to forget millions of people have died to put you in this spot. And you're going to go along with it for politics?

And that's exactly what it is. There is no difference in this bs than there was with Republicans standing behind Bush on the Patriot act.

This makes sense to me

"...The majority of the panel said they couldn’t uphold the mandate because there would be no limit to Congress’s powers if they did.

We have not found any generally applicable, judicially enforceable limiting principle that would permit us to uphold the mandate without obliterating the boundaries inherent in the system of enumerated congressional powers,” Dubina and Hull wrote. “'Uniqueness’ is not a constitutional principle in any antecedent Supreme Court decision."

Which brings to mind another question, where are all the liberals who I stood beside in condemning republicans and the Patriot act now that Obama is in office. Cuz another extension just went through a few months ago, and you fucks were notably absent.

That's politics. It's not true outrage.

quote:

ORIGINAL: blacksword404

quote:

ORIGINAL: pogo4pres

FR


For the utterly stupid out there, this ruling now opens the door to remove the "mandatory auto-insurance scam"  If one is unconstitutional, so is the other.  This establishes a two tiered insurance system, and THAT is what is unconstitutional.  That one can be subject to an enforced mandate and not the other, seems to me to be in violation of the 14th amendment.



Insuringly,
Some Knucklehead in NJ

The two issues are not the same. No one forces you to drive on public streets. But the government is saying that being alive is engaging in business. So you can be regulated. Which is an idiotic thought. Not Fucking is now fucking. Not drinking is now drinking. Buying and selling is commerce not it's absence.