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Is the health care reform bill doomed?

Temlakos~POTL~PWCM~JLA~☆ 2012/03/29 14:36:11
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The Supreme Court challenge to the health care reform bill should
have been arcane and easy to work around. The media don’t think so.
Whether they are correct, or not, no one will know until the end of
June, when the Court publishes its majority opinion. But few expect that
opinion to say that the health care reform bill stays within the
Constitution.


Health care reform bill postmortem

The Wall Street Journal‘s editors said at the outset that this case, that everyone thought would be easy to decide, will not be easy. Michael Brendan Dougherty at Business Insider assembled a long list
of “tweets” from Twitter about the Supreme Court’s oral arguments on
the health care reform bill. At the top: Jeffrey Toobin, of CNN,
who on Tuesday said that the arguments were a “train wreck” for the
government. Yesterday he chose a more-extreme metaphor: “plane wreck.”


Another analyst, Philip Klein, quoted Justice Anthony Kennedy as saying that to try
to sever the “individual responsibility mandate” from the rest of the
health care reform bill would be more extreme than to declare the entire
bill invalid. This is what Kennedy meant:


[This would] impose a risk on insurance companies that
Congress had never intended. By reason of this Court, we would have a
new regime that Congress did not provide for, did not consider.


That alone suggests that the mandate to buy health-care insurance will not stand. At least, this corroborates David Hogberg at Investors Business Daily. He said that the Supreme Court would rule that all of the health care reform bill should stand, or none.


Justice Antonin Scalia, according to Hogberg, summed up the problem best of all:


Can you give us a prior case … that resembles this one in
which we are asked to strike down . .. the heart of the Act, and yet
leave in … the rest of it? When have we ever really struck down what was
the main purpose of the Act, and left the rest?


The government’s lawyer could not.


Adam Liptak of The New York Times said that the Court, yesterday, took up “the real-world consequences” of their ruling. Chief among them:


If you take out the heart of the statute, the statute is gone.

Read More: http://www.conservativenewsandviews.com/2012/03/29...

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Top Opinion

  • Sheila 2012/03/29 14:38:04
    Undecided
    Sheila
    +13
    PLEASE PLEASE PLEASE do the right thing SCOTUS and strike it down as it deserves. There is NO constitutional basis for this and if it passes it is the end for our republic.

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  • Annie~Pro American~Pro Israel 2012/04/02 03:31:25
    Maybe the Supreme Court will let bits and pieces of it stand.
    Annie~Pro American~Pro Israel
    +1
    Hope the whole Obamascam bill is declared unconstitutional.
  • Bob DiN 2012/03/31 06:46:30
    Maybe the Supreme Court will let bits and pieces of it stand.
    Bob DiN
    +1
    I think at least the mandate is history.
  • potlatch 2012/03/30 21:50:59
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    potlatch
    +2
    If SCOTUS upholds the Constitution they should refuse to uphold the healthcare bill. I can't understand why Justice Elena Kagan, who helped prepare its defense for Obamacare when she was solicitor general, was not required to recuse herself from this case.
  • Tom 2012/03/30 19:28:42
    No, the Supreme Court will let the whole thing stand.
    Tom
    Given the breadth with which the court has interpreted the Commerce Clause, I don't see them ruling the mandate unconstitutional.
  • Wahvlvke 2012/03/30 15:32:36
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    Wahvlvke
    +2
    Many of the justices told the govy ambulance chaser that they were noy going to read the 2,700 pages and rule on bit by bit. Hope the whole thing goes.
  • harley oldman 2012/03/30 15:17:42
    Undecided
    harley oldman
    +1
    Since these A-wpies have dodge their CONSITUTIONAL Duties before. I ain`t placing any bets at this time. They SHOULD Doom this diasaster.
  • Flash,aka,Mr.Lightning 2012/03/30 13:17:48
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    Flash,aka,Mr.Lightning
    +2
    It is not the job of the court to take apart the bill and reassembly it,-that is the job of congress. The court must decide if any one part of the bill is unconstitutional and thus reject it in it's entirety. They cannot be expected to go thru 3,000 pages and see what is good or bad and put it back together after eliminating the unconstitutional aspects of it.
  • boneman1 2012/03/30 13:17:32
    Maybe the Supreme Court will let bits and pieces of it stand.
    boneman1
    +2
    I think the Supreme Court will find the individual mandate unconstitutional and let the rest stand. Without the individual mandate the rest is dead any way because congress isn't going to vote to fund the rest of it.
  • S. Gompers 2012/03/30 11:29:42
    Undecided
    S. Gompers
    Hopefully it is already sucking a lot of money out of the hospitals.
  • Wizard 2012/03/30 09:30:13 (edited)
    Maybe the Supreme Court will let bits and pieces of it stand.
    Wizard
    +1
    The GOP led Supreme Court will pull the rug out far enough to make it a major election issue. Then...Mitt Romney will offer a FIX...and the spin doctors will come out of the closet to try and confuse the voters to drop Obama, because Romney has a better plan...but once picked apart...it will favor the rich as usual.
  • Biki~pwcm/potl~ 2012/03/30 07:36:02
    Undecided
    Biki~pwcm/potl~
    +2
    It is yet, undetermined whether or not these crooks will once again stab America in the back.
  • Chi~Cat Biki~pw... 2012/03/30 07:58:44
    Chi~Cat
    +1
    omg...aint that enuff said?

    obama stab in the back

    obama backstabber
  • Chi~Cat 2012/03/30 06:42:01
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    Chi~Cat
  • rustyshackelford 2012/03/30 06:32:45
  • Biki~pw... rustysh... 2012/03/30 07:24:44
    Biki~pwcm/potl~
    +2
    and pray.
  • TheTruth1313 2012/03/30 04:59:00
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    TheTruth1313
    +2
    I certainly hope so. Obama care is pure socialism and absolutely unconstitutional and needs top be repealed with extreme prejudice.
  • MLor 2012/03/30 04:58:34
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    MLor
    +1
    Still should have insurance though, if you can. It's not fair to not have it if you can afford it. Not fair to the hospitals, doctors, nurses, and EMS who care enough to be there in that profession. God bless them. Do the right thing.....get insured......nothing is free!
  • bluejacket 2012/03/30 02:36:55
    Undecided
    bluejacket
    +2
    Only if the court truly understands the Constitution.
  • K. Katt 2012/03/30 02:36:41
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    K. Katt
    +2
    I certainly hope that's true.
  • Sayer Stewart 2012/03/30 01:18:32
    Undecided
    Sayer Stewart
    +2
    I sure hope they strike it down. The government should not force us to buy ANYTHING.
  • JustTheFacts 2012/03/30 01:00:41
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    JustTheFacts
    +4
    This law sucks and is un-Constitutional. The questions the conservative judges + Kennedy asked more than proved that the people fighting for the law pretty much had no clue.

    There are too many easy, legitimate solutions to continue down the road of Socialism.
  • Biki~pw... JustThe... 2012/03/30 07:26:39
    Biki~pwcm/potl~
    +1
    It was summed up best when someone said yesterday..."They (obama admin) can not defend the indefensible."
  • Ozymandias 2012/03/30 00:59:04
  • capy bara 2012/03/30 00:47:52
    No, the Supreme Court will let the whole thing stand.
    capy bara
    Insurance companies have soo much money. They will buy a fix.
  • SpeedRacer 2012/03/30 00:46:33 (edited)
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    SpeedRacer
    +3
    A couple of corrections with your question, First; H.R.3590 - "Patient Protection and Affordable Care Act" is NOT, I repeat NOT a Healthcare reform bill, It does nothing to reform healthcare, it creates a new system and leaves the current one to die. Second The Supreme court cannot legislate from the bench so they can’t throw out pieces of the bill, all they can do is send it back to congress and tell them to get it right.
  • ScottyG - Faqueue 2012/03/30 00:41:20
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    ScottyG - Faqueue
    +5
    Doomed before it was signed.
  • Apache 2012/03/30 00:38:43
  • KCurtis 2012/03/30 00:26:05
    Undecided
    KCurtis
    +3
    I have no clue part of me thinks Right is clear but the rest of me thinks Money is green.
  • Tombo 2012/03/29 23:52:33
    Undecided
    Tombo
    +5
    I don't trust anything that comes out of Washington but I sure hope the entire Marxist Bill goes down the tubes!

    Obamacare
  • Biki~pw... Tombo 2012/03/30 07:28:06
    Biki~pwcm/potl~
    me too. What a flucking bloody mess they have made of this country!!
  • Tombo Biki~pw... 2012/03/30 14:57:28
    Tombo
    +1
    Isn't it the truth. We have thrown away the "Owner's Manual", and we are paying, and will pay more if we don't get it back. Thanks for your input.
    HERE'S THE OWNER'S MANUAL:
    US Constitution
  • apachehellfire65 2012/03/29 23:39:33
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    apachehellfire65
    +7
    i don't see how they really have a choice. they can't ignore this and keep any integrity. plus they get a little payback for obummer running his mouth at his state of the union and acting like a punk.
  • Pat 2012/03/29 23:10:18
    Undecided
    Pat
    +2
    I heard some of the questions and discussions from the hearing and it didn't sound good for the bill. So it would not be surprised if it is overturned by the court. I think that would be a shame and a lot of people who would have have been helped will not get that help.
  • Susan 2012/03/29 22:54:22
    Maybe the Supreme Court will let bits and pieces of it stand.
    Susan
    +2
    The SCOTUS is afraid to throw the whole thing out.
  • ed 2012/03/29 22:46:12
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    ed
    +5
    They need to toss every bit of it in the trash.
  • jere.chievres 2012/03/29 22:40:04
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    jere.chievres
    +5
    At least I hope sp.
  • dallas 2012/03/29 22:33:32 (edited)
  • Mark P. 2012/03/29 22:10:09
    Undecided
    Mark P.
    +4
    Lets hope the whole thing dies.
  • texasred 2012/03/29 22:09:02
    Undecided
    texasred
    +5
    I just don't know. If the Justices follow the Constitution, it should be doomed. But with left wing activists like Ginsberg, Kagan and Sotomayor, I just don't know how this will play out.
  • fisherman 2012/03/29 22:03:35
    Yes. The Supreme Court will throw the whole thing out, or else so much of it ...
    fisherman
    +6
    if you remove the MANDATE then the funding is gone , if the funding is gone ...well you tell me . if the whole thing is not taken down then it wanders around like some headless monstrosity looking for money ...kinda sounds like the obama regime dont it ?

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