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Health care reform to SCOTUS? Finally?

Discussion in 'Sports and News' started by MisterCreosote, Sep 27, 2011.

  1. MisterCreosote

    MisterCreosote Well-Known Member

    The Obama administration said late yesterday that it won't appeal the last decision that declared the health-care law unconstitutional. That makes it likely that the Supreme Court will take it up in its next term. During a presidential election cycle. That'll go well. ::)

  2. Dick Whitman

    Dick Whitman Well-Known Member

    It's a tax.

    The end.
  3. Dick Whitman

    Dick Whitman Well-Known Member

    No. It's a great idea. The Supreme Court is going to decide in a landslide that it's a constitutional tax or exercise of the commerce clause, with only Ginny Thomas's husband voting otherwise.

    Win: Obama.
  4. Dick Whitman

    Dick Whitman Well-Known Member

    Because it is.

    It's a tax pegged to income. The federal government can tax income. Therefore, 8-1.
  5. doctorquant

    doctorquant Well-Known Member

    Dick, I don't know squat about it, but how do you go about framing a mandate to buy a commercial product as a tax? Is it the fact that, if you don't buy it, you get taxed? Or, alternatively, that having it buys you tax relief? Is that the way it'd have to be framed?
  6. YankeeFan

    YankeeFan Well-Known Member

    If so, wouldn't it get thrown out simply because it didn't originate in the House?
  7. Dick Whitman

    Dick Whitman Well-Known Member

    You've said that before, but I am not quite sure what you're getting at. Does the Constitution require an income tax to originate in the House?
  8. LongTimeListener

    LongTimeListener Well-Known Member

    I think Carlton guaranteed us that this was going to fail at SCOTUS, so there's really no need for any suspense.
  9. Dick Whitman

    Dick Whitman Well-Known Member

    Re-write the law this way: There is a health care tax in the tax code of, say, $1,000. You can get a tax break if you carry health insurance. Or you can pay the $1,000 tax.

    Hence: It's a tax.
  10. YankeeFan

    YankeeFan Well-Known Member

    The Supreme Court can't take the political season into consideration. That's not their job.

    Justice Breyer has a new book out, and he recently did an interview with Hugh Hewitt:


    It's pretty interesting.
  11. Dick Whitman

    Dick Whitman Well-Known Member

    I was going to post this, too, but I think he intended his criticism at the administration for not stalling.
  12. YankeeFan

    YankeeFan Well-Known Member

    I'm not sure if the Court gives guidance about how a law could be written so it would be Constitutional, but if it isn't in its current form, don't they just rule?

    And, if it had to be re-written, it would never pass the current Congress.
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