Phydeaux -> RE: What the Republicans got (10/17/2013 1:56:12 PM)
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quote:
ORIGINAL: DesideriScuri quote:
ORIGINAL: mnottertail to bring suit, not much of nothing. To have it heard, and to have it heard before the supreme court requires a fuck of a lot more than standing. Your waltz thru the legal scenery there reminded me of the birthers hoping to unroll back to before his presidency. That will not happen and neither will the slippery slope you are trying to slalom there. Congress has the power to tax, it is a tax, already been decided. And after a few years of accumulating these 'benefits' of the law, who will be suing because the 'benefit' was forced upon them against their will? Because only those benefitting would by definition have the standing. Those who did not are a different class and the 14th amendment does not offer them equal protections because they did not benefit in that way. That has been stated plainly by scotus in numerous cases. I simply asked what suit could be mounted? Under what element in the constitution? Teabaggers can't bring suit down there from the government, they have no standing. That has been tried many times. The Scotus reply has always been, you don't like the law? Tough shit, change it then. Tried many times? Standing won't be about having benefits forced on them. That's a completely stupid thing to say. I still believe there will be a hearing mounted on the validity of it as a tax. And, it will come down to how the SCOTUS interprets "General Welfare." If providing the funding for health insurance isn't considered part of the "General Welfare," then Congress does not have the authority to tax for those purposes. You know SCOTUS decisions can be very narrow and don't always apply widely across legislation. Two things have been brought to their bench. One was upheld and one was not. Time will tell. As I recall there is already two other challenges in the works, and one challenge on the docket.
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