Thread: Constitutionality of Obamacare

Very effective use of cut and splice quotation. If you had twisted the meaning I would have thrown a hissy fit but that was elegantly played sir. Props.

Originally Posted by gugi

you voted them in

I knew it was you in the gorilla costume standing over my shoulder at the poll booth last november...

So part of Obama Care has been determined unconstitutional as a matter of law (through summary judgment). Of course Obama will appeal this determination. http://www.foxnews.com/projects/pdf/..._ACA_Order.pdf

I wonder what the other judges in the other jurisdictions will determine. Interesting case for the Supreme Court.

Matt

It basically comes down to how the Supremes will ultimately interpret the scope of the Commerce Clause of the Constitution, since this issue is no doubt headed to the High Court for a resolution. The Constitution doesn't/couldn't possibly list all possible situations under the C.C. However, there's a long line of decided cases which have basically given liberal deference to the government's power to act under the C.C., even when it's a rather strained exercise.

This is a long thread. I read them all. All I know is SOMEONE IS GOING TO DIG INTO MY POCKET AGAIN.

But that is the price I pay to live here.

All I know is that I have given everyone else a bailout, wheres mine?!

I thought we already determined here at SRP that the law is unconstitutional

Now we wait to see whether the high courts will have as much wisdom as our collective peabrains

Originally Posted by hoglahoo

I thought we already determined here at SRP that the law is unconstitutional

Now we wait to see whether the high courts will have as much wisdom as our collective peabrains

At least we know that one lower court does

As much as I think that socialized healthcare is the way to go (it works for us. very well indeed I may add ), even I agree that it needs some dodgy arguing to implement it at the US federal level. Nothing prevents states from implementing it themselves of course, but that is not the discussion.

The problem in a way is that the US constitution is so vague that you can basically use it to argue it either way. Not only the CC applies (possibly) but also the general welfare clause IIRC. I agree that that is probably not what the founders intended, but that is the consequence of having a document that is not written in legalese but in 'plain language' or even worse, prozaic language (like the 2nd amendment).

Of course it is very beneficial to the lawyers
In any case, if it gets ruled unconstitutional (which would not surprise me) then Obama's reign will be all but dead. Too bad. If only he had actually done some of the more visible things he had promised.

Interesting...
Apparently the plaintiff, Cuccinelli , is also a client of the firm.

Judge Who Ruled Health Care Reform Unconstitutional Owns Piece of GOP Consulting Firm | TPM LiveWire

Henry E. Hudson, the federal judge in Virginia who just ruled health care reform unconstitutional, owns between $15,000 and $50,000 in a GOP political consulting firm that worked against health care reform.