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04-21-2015, 05:27 PM #1
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Thanked: 237
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04-21-2015, 05:41 PM #2
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- Jul 2011
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Thanked: 459It seems unconstitutional, but Roberts' deciding vote was based pretty much on the government being able to tax you for about anything they want. So the interpretation is that they're not making health insurance mandatory, they're just charging you a tax if you don't take it.
Of course, to anyone with a brain, that would seem extremely weak. It's a slippery argument that could have them taxing us for not losing a certain amount of weight, etc.
My thought at the beginning that one, the idea of the law is to get people dependent on subsidies, and two, to funnel them to state exchanges because it will be easier to implement single payer from that.
There are a lot of hurdles to work through for the politicians, though, like how to continue to extract political donations from insurers, medical organizations and drug companies if they are, in fact, going to do that. They certainly don't want to decrease the share of health care costs as a % of income, because the bill has no real cost controls but it adds huge amounts of costs.
Once the cadillac tax hits, the S will HTF, and I seriously doubt the final bill for the legislation will be remotely as inexpensive as they said it would be (and it wasn't that to begin with).
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04-21-2015, 05:51 PM #3
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Thanked: 237You bring up another interesting subject, the supreme court wouldn't know if something was unconstitiuonal if slapped them in the face
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04-21-2015, 05:55 PM #4
According to the Constitution the Supreme Court is the ultimate authority on what is constitutional and what isn't and they have ruled. The only way it can become unconstitutional is if it is reviewed again in the SCOTUS and the previous ruling is reversed.
I understand that the actual Constitution causes considerable discomfort to people who disagree with it, but that's how it was set up.
For about a decade "manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all the territory subject to the jurisdiction thereof for beverage purposes" was unconstitutional and then it wasn't.