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BREAKING news,,,,Mandate UNCONSTITUTIONAL??

Discussion in 'Politics, Elections & Legislation' started by bigdogtx, Jun 28, 2012.

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  1. bigdogtx

    bigdogtx Well-Known Member

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    YEAH!!!!
     
  2. Setterman

    Setterman Well-Known Member

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    What about the rest of it???
     
  3. bigdogtx

    bigdogtx Well-Known Member

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    Still watching the news,,,,,Now they are saying that it is struck down under Commerce clause but may survive under a TAX,,,,,stay tuned......
     
  4. Rick Barker

    Rick Barker Well-Known Member

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    yes they can tax, no they cannot regulate people and make them buy something. Also looks like states can opt out???
     
  5. Pocatello

    Pocatello Active Member

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    Are you guys reading the same news I am? I saw that SCOTUS has upheld the law!
     
  6. 87AA

    87AA TS Member

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    In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn't comply with the new requirements, rather than all of their funding.
     
  7. Jeffnet

    Jeffnet TS Member

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    Your source was premature.........upheld.......it is a Tax which is okay..hmmmmm
     
  8. Rick Barker

    Rick Barker Well-Known Member

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    Now it is getting more confusing with more reporting. If some states opt out, those people in those states would not be covered under Medicare, then they said Medicaid, instead of Medicare.

    We may not know what the decision really is for weeks or days.
     
  9. 87AA

    87AA TS Member

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    The key comment on salvaging the Medicaid expansion is this (from Roberts): "Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding." (p. 55)
     
  10. Rick Barker

    Rick Barker Well-Known Member

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    87AA

    They cannot make us buy insurance, but they can tax us for not doing so.
     
  11. Rick Barker

    Rick Barker Well-Known Member

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    the decision looks to be around 200 plus pages in length.
     
  12. 87AA

    87AA TS Member

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    Full opinion at link above.

    It's a victory for the Left regardless of how the mandate/tax thing is spun
     
  13. likes-to-shoot

    likes-to-shoot Well-Known Member

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    This is just like the liberal newpapers, be the first to report something even if its wrong.
     
  14. 87AA

    87AA TS Member

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    This will give the Left a bunch of momentum moving towards November. Obama will be hammered on the economy but will fire back that he "passed affordable care for all Americans".

    Now our only shot if for the economy to stay stagnant. That's hard to say or imagine but it's really the only shot at not having him for another 4 years.
     
  15. Baber

    Baber TS Member

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    We got screwed today.


    T
     
  16. ou.3200

    ou.3200 Well-Known Member

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    We are now SUBJECTS, no longer citizens. Under this decision the government can require us to do anything they want through their taxing power. Obama wins. Anyone not motivated to vote in November?
     
  17. likes-to-shoot

    likes-to-shoot Well-Known Member

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    Don't let this setback cause you to not vote.

    A decision to not vote at all is a uncanceled vote against us.
     
  18. 391 shooter

    391 shooter Well-Known Member

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    This is the sum of it all.

    The court ruled that the mandate is unconstitutional under the Constitution's commerce clause, but it can stay as part of Congress's power under a taxing clause. The court said that the government will be allowed to tax people for not having health insurance.

    Nuff said, it sucks.

    Loop holes everywhere.
     
  19. likes-to-shoot

    likes-to-shoot Well-Known Member

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    One question.

    Does Congress have to go back and rewrite the bill to be able to tax the uninsured or with the decision is it written into law that way?
     
  20. Texas Yankee

    Texas Yankee Member

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    This means that that the tea party needs to rise up again and clean house in congress and the white house so we can repeal and start over with workable healthcare. The question I have is how will they collect the tax when 50% of the people do not pay taxes and get no refund?
     
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