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Will the Supreme Court uphold the Heath Care law?

Fox Report with Shepard Smith 2012/03/26 11:53:40
Related Topics: Supreme Court, Court
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  • Fef 2012/03/27 08:04:00
    No
    Fef
    +10
    The Supreme Court, even with its liberal activists, will not force citizens to purchase a product because of a federal law. The benefits to the country doesn't matter. The Constitution has very simple rules and we cannot bend them because of popular (or unpopular) emotions.

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  • juice Dana 2012/04/10 14:54:17
    juice
    +1
    As it should be...he took an oath and he is nothing but a liar!
    All Gov. officials need to live and Rule by the Constitution!
  • AbadPerez 2012/03/27 20:45:56
    No
    AbadPerez
    No. All those with pre-existing conditions will once again be without insurance soon. Republicans scored a victory over the middle class again.
  • Willy AbadPerez 2012/03/29 20:55:14
    Willy
    They should have purchased insurance before they got the preexisting condition. You can't wait until the Barn catches on fire and then get insurance on it.
  • AbadPerez Willy 2012/03/29 23:45:40
    AbadPerez
    My daughter was born with a pre existing condition. A lot of people are. What do you say to theM
  • Willy AbadPerez 2012/03/30 00:33:50
    Willy
    +1
    Jay Leno asked Romney the same question this week and he said, special previsions would have to be made in cases like yours.
  • AbadPerez Willy 2012/03/30 14:58:50
    AbadPerez
    How will it be paid for, what are the special provision, when will they be made?
  • Quazar 2012/03/27 20:20:28
    No
    Quazar
    +1
    GOD I hope not!
  • turtledove123 2012/03/27 18:48:20
    Yes
    turtledove123
    I dont really know what they will do.
  • TX-OU812 2012/03/27 18:35:08
    No
    TX-OU812
    +1
    I certainly hope not
  • Tominator 2012/03/27 17:12:02
    No
    Tominator
    +2
    The mandate is clearly unconstitutional and will be shot down...... our SC has not yet been overrun by left wing activist judges.
  • Lester 2012/03/27 16:46:51
    Yes
    Lester
    Yet another survey without an "other" option. The key arguments surround the individual mandate which is being presented to the court today. That is what will be decisive. At this point though, 2 factors suggest it will be upheld. While the appeals court decisions have been split, more have supported the mandate than have opposed it. Second, the decision in Gonzales v. Raich has set the bar so low for invoking the commerce clause (see Scalia's opinion in that case which states the federal government can use the commerce clause to regulate activity that isn't even commerce, much less interstate commerce), that it is impossible to imagine activity that makes up over 10% of the GDP will fail that test. I also find it suggestive that the first day of arguments focused on an obscure 1867 law that is irrelevant to the public debate: that indicates the court will likely decide this case on technical legal grounds, rather than on the essentially political issues that have played out in the media.
  • Nomad58 Lester 2012/03/28 11:52:36
    Nomad58
    +1
    Right, but wasn't that stopping an activity not forcing a contract.
  • Lester Nomad58 2012/03/28 18:10:44
    Lester
    The question is whether stopping an uninsured person from presenting himself at a hospital and getting free treatment (which essentially means at public expense) by requiring he has health insurance isn't also stopping an activity.

    However, from what I've heard from Court reporters (who understand this stuff much better than I do), Scalia seems to have reversed himself during his questioning in this case.
  • Nomad58 Lester 2012/03/28 18:20:05
    Nomad58
    Thanks for the update.
  • Wake The Sheeple 2012/03/27 15:59:53
    Yes
    Wake The Sheeple
    +2
    They are corrupt, yes sadly they will.

    scotus corrupt
  • Willy Wake Th... 2012/03/30 00:38:48
    Willy
    +1
    You would be correct IF you were talking about Ginsberg, Kagen and Sotomayor.
  • Wake Th... Willy 2012/03/30 05:02:52
    Wake The Sheeple
    +1
    All of them are bought and paid for, wake up and smell the tyranny.
  • Flamingolady 2012/03/27 15:27:26
    No
    Flamingolady
    The law as it stands overreaches the boundaries that the government can mandate. Purely and simply, and I am typing really slowly for me, it is unconstitutional.
  • Cookielane 2012/03/27 14:52:56
    Yes
    Cookielane
    +1
    I do hope so.
  • flaca BN-0 2012/03/27 14:36:44
    Yes
    flaca BN-0
    They will.
    They didn't slap down Mitt Romney's h/c in Massachusetts did they?
  • tpops flaca BN-0 2012/03/27 23:34:33
    tpops
    Apples and Oranges, one is a states rights issue the other concerns the Federal government which is to be limited. The mandate is the best example of the Feds over stepping the limits place on the Federal government
  • Willy flaca BN-0 2012/03/29 20:58:59
    Willy
    +1
    Massachusetts didn't go to the supreme court.
  • flaca BN-0 Willy 2012/03/29 22:34:43
    flaca BN-0
    +1
    didn't any citizen of Mass.? Seems odd. But what does unconstitutional mean? Surely that covers states too? Just askin.
  • Willy flaca BN-0 2012/03/29 22:45:37
    Willy
    +1
    No one took it to the supreme court. Remember. Massachusetts is the state where the sheeple kept electing the drunken murderer, Ted Kennedy.
  • rdaddy 2012/03/27 14:24:54
    No
    rdaddy
    +2
    This law violates the constitution on every level. If it stands then our constitution is toast, which would be a delight to many Democrats.
  • Willy rdaddy 2012/03/29 21:02:26
    Willy
    +1
    The democrats are not smart enough to know trashing the constitution will destroy the United States. Of course, that's what B Hussein Obama/Bary Soetoro wants.
  • modernminuteman 2012/03/27 14:02:18
    No
    modernminuteman
    +1
    and kagan should recluse herself from the case. she was a big proponent of obamacare and cannot be impartial but she will not becayse that is one of the big reasons obama picked her for the supreme court. that and the fact that she kept most of the law suits against obama to show his full b.c. out of court. another words you wash my back and i will wash yours and obama said no more business as usual?
  • elijahin24 2012/03/27 13:48:45
    Yes
    elijahin24
    +1
    I have yet to see ANY way in which this law violates the Constitution. If it does not, there is no grounds on which to strike it down. And so far, every lower court has agreed on that point. SCOTUS will too.
  • modernm... elijahin24 2012/03/27 14:03:15 (edited)
    modernminuteman
    +1
    the government cannot force any citizen to buy a product or service. apparently a lot of judges think there is or it would never have made it to the supreme court.
  • elijahin24 modernm... 2012/03/27 14:38:56
    elijahin24
    +1
    Show me where the Constitution says that.
  • Nomad58 elijahin24 2012/03/28 12:16:07
    Nomad58
    Exactly, it doesn't say it in the Constitution so it cannot be rendered against any citizen. The U.S. Constitution limits the Government not the Citizens. It states we are endowed with our Rights and the Government's function is only there to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.

    Section 8. states what the founders recognized under the Commerce Clause. You will not find "force American citizens to purchase products for their own good" in there.
  • elijahin24 Nomad58 2012/03/28 13:14:53
    elijahin24
    All that means is that the Constitution doesn't directly permit it. It does NOT mean that it forbids it. Eating a bacon egg and cheese biscuit this morning for breakfast was NOT Constitutional, but that isn't the same as being UNconstitutional.
  • Nomad58 elijahin24 2012/03/28 13:30:19
    Nomad58
    See, Elijah this is where you don't grasp the concept of the Constitution as limiting Government's power. If it is not in the Constitution the Government does NOT have the Right to do it.

    However, you as an Individual were granted your Rights by the Creator (not the Constitution) so you eating a bacon, egg, & cheese biscuit is good to go no matter when you want to do it. The Government trying to stop you from eating one is Unconstitutional.

    creator constitution eating bacon egg cheese biscuit government eating unconstitutional
  • elijahin24 Nomad58 2012/03/28 13:32:05
    elijahin24
    So then I trust that you oppose DOMA?
  • Nomad58 elijahin24 2012/03/28 13:53:55
    Nomad58
    Yes I do ~ pure politics. Marriage should be up to churches and anything conducted in a courthouse or by a public official should be a civil union. I don't care who is joining to who (as long as they are of the age of consent) and limit to two. Any guy/gal wanting two spouses is a damn fool (handling one is hard enough).

    Also Civil Unions should have 100% the rights of Marriage - period!
  • elijahin24 Nomad58 2012/03/28 14:03:32
    elijahin24
    Well, at least you're consistant. I still disagree with you on the other thing, but I respect the fact that you don't cherry-pick.
  • Dan ☮ R... elijahin24 2012/03/28 19:47:49
    Dan ☮ R P ☮ 2012 ☮
    If the government is not authorized to, then it cannot take action under the 10th amendment.
    Its not a matter of "where does the constitution say the government cant". Its a matter of "where does the constitution say the government can".

    So, where does it say the government can require people to purchase healthcare, require home visitations by the government for parents, Prohibit hospitals from expanding (with the possibility to apply for an exemption every 2 years), etc.
  • elijahin24 Dan ☮ R... 2012/03/28 19:51:25
    elijahin24
    So I trust that you oppose DOMA as well?
  • Dan ☮ R... elijahin24 2012/03/28 19:55:20
    Dan ☮ R P ☮ 2012 ☮
    +1
    I'm not well versed on DOMA. All I can say is I'd really rather we shut up about marriage, and leave it up to private contracts, and if the couple desires have a church or other 3rd party involved.
    The federal government has no place in marriage, and the states should get out too. Their involvement creates more issues than it resolves, and more distractions from greater issues like war and torture.
  • elijahin24 Dan ☮ R... 2012/03/28 20:01:31
    elijahin24
    Well, I think equality is a pretty big issue, but that isn't the point. Conservatives and Libertarians tend to have no problem with government expanding to do the things THEY want it to do. They only bitch about it over-reaching, when it's doing something they don't like. I'm not saying that this is the case with you. If that really is how you feel about DOMA, and you are the same way on the topic of abortion, and legalization of weed, and so-on; while I disagree with you on THIS issue, I at least respect your consistancy. But MOST self-proclaimed Conservatives and Libertarians, are not.

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