26 states appeal health care law to Supreme Court - Page 2

Oerets · #11 09-28-2011, 10:24 PM

Quote:

Originally Posted by d-ray657

Do you mean the politics of the guys who wear the robes?

Regards,

D-Ray

What! .... With the decisions of late I wounder.

Like on a corporations ability to contribute and on women's rights in the work place.

Barney

BlueStreak · #12 09-28-2011, 10:46 PM

I believe the biggest issue is the constitutionality of the mandate. Now, as lame as I may feel Obama is, I don't think he's stupid. And having been a Professor of Constitutional Law, I have a hard time believing he wouldn't have considered this aspect at great length.

The make up of the court is a conservative majority, this is true.

As I see it, this raises an interesting scenario. If the president is wrong, then the cons on the bench will seize the opportunity to strike it down, that much is a no-brainer. But, if he's right, would they stun and anger the right-wing base with an unpopular ruling?

I don't think the Constitution much matters to anyone, anymore. If you really think about it. Oh, lots of people love to wave it around and claim they're "strict constitutionalists"---But are they really? Only when it suits them.......and that's sad. It really is.

Dave

d-ray657 · #13 09-28-2011, 11:00 PM

How can folks say on one hand that the "government is trying to take over" something that amounts to 17% of the economy - billions and billions of dollars, and also argue that regulation of that part of the economy is not within the scope of regulating interstate commerce. The content of the health care bill is a legislative political issue. The Court would have to go through some extreme contortions to suggest that Congress did not have authority to act. Now if they let Clarence Thomas write an opinion striking down the law, I will lose all respect for the justices. (I know that they know better than that. As wrong headed as they are about many things, they are not stupid.)

Regards,

D-Ray

bhunter · #14 09-29-2011, 01:53 AM

Quote:

Originally Posted by d-ray657

How can folks say on one hand that the "government is trying to take over" something that amounts to 17% of the economy - billions and billions of dollars, and also argue that regulation of that part of the economy is not within the scope of regulating interstate commerce. The content of the health care bill is a legislative political issue. The Court would have to go through some extreme contortions to suggest that Congress did not have authority to act. Now if they let Clarence Thomas write an opinion striking down the law, I will lose all respect for the justices. (I know that they know better than that. As wrong headed as they are about many things, they are not stupid.)

Regards,

D-Ray

It should be interesting. A gut feeling tells me the mandate will be struck down, but the rest will stand. Of course, then back to the legislature for appropriate tweaking. I'm still wondering who the hell wrote the monstrosity. Have you tried reading it? Oh, BTW, do you know of any good, free, legal sites that are useful?

d-ray657 · #15 09-29-2011, 02:11 AM

Quote:

Originally Posted by bhunter

It should be interesting. A gut feeling tells me the mandate will be struck down, but the rest will stand. Of course, then back to the legislature for appropriate tweaking. I'm still wondering who the hell wrote the monstrosity. Have you tried reading it? Oh, BTW, do you know of any good, free, legal sites that are useful?

On your question, Google scholar. I have tried it and it worked pretty well. I am more familiar and efficient with our subscription service, though. Sometimes you can find guidance with a plain old Google search. Most of the laws administered by particular government agencies are available on the agency web sites, such as DOL.gov; nlrb.gov; hhs.gov, etc.

Here is a column predicting success in the Court. It is essentially coming from the same perspective I gave, but providing more concrete examples.

Regards,

D-Ray

JJIII · #16 09-29-2011, 05:52 AM

Quote:

Originally Posted by BlueStreak

I don't think the Constitution much matters to anyone, anymore. If you really think about it. Oh, lots of people love to waive it around and claim they're "strict constitutionalists"---But are they really? Only when it suits them.......and that's sad. It really is.

Dave

Interesting choice of words.