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  Topic: The Opening for a Fresh
ObamaCare Challenge
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The Opening for a Fresh
ObamaCare Challenge

Wall Street Journal, by David B. RivkinN, Jr. and Lee A. Casey

Original Article

Posted By:cheeflo, 12/6/2012 11:07:45 AM

ObamaCare is being implemented, having been upheld as constitutional by the Supreme Court in June in a series of cases now known as National Federation of Independent Business v. HHS. It is becoming increasingly clear, however, that the court took a law that was flawed but potentially workable and transformed it into one that is almost certainly unworkable. More important, the justices also may have created new and fatal constitutional problems.

Comments:
Maybe Justice Roberts really was playing the long game.

      


Post Reply  

Reply 1 - Posted by: sunsong, 12/6/2012 11:28:10 AM     (No. 9051657)

Wow! Hope!

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Reply 2 - Posted by: nosillod, 12/6/2012 11:30:57 AM     (No. 9051670)

These guys briefly touch on the thing that has bothered me all along and that is, equal protection under the law. How can a law specifically exempt a group from being held accountable by it? Namely those who wrote the law. What kind of a supreme court do we have that would allow a law to stand that says that politicians (and supreme court justices) be exempt from a law of the land? Corruption of the highest order!

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Reply 3 - Posted by: andyboy, 12/6/2012 11:45:55 AM     (No. 9051743)

It is tantalizing to think that Roberts has been, and is, a Conservative after all and may have set the table for Obamacare to be held unconstitutional through this type of challenge.

Then again, I can easily see him coming up with more convoluted reasons for ruling against anything that threatens Obamacare.

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Reply 4 - Posted by: Echohawk, 12/6/2012 12:02:56 PM     (No. 9051797)

OP--"the long game." Exactly! By calling Obamacare a tax, Chief Justice Roberts opened the door for someone to challenge it based upon the Uniformity Clause (all taxes must be uniform within the US).
Yet another reason to give the dems fits! And they asked for it!



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Reply 5 - Posted by: geoguy, 12/6/2012 1:56:32 PM     (No. 9052055)

So, what happens after the first of the year? Anything? My state has chosen to not establish exchanges.

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Reply 6 - Posted by: eorsc, 12/6/2012 7:17:34 PM     (No. 9052555)

No one knows. Nobody has read it yet.

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