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Most of Obamacare Upheld
By: bigluke23
Jun 28, 2012 - 09:20 am
According to the opinion, the individual mandate does not stand under the commerce clause or necessary and proper clause, but can stand as a tax.

It looks like it was Chief Justice Roberts' vote that saved the bill.

Kudos to the Obama administration for being adamant that it wasn't a tax, until they needed it to be a tax.


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Re: Most of Obamacare Upheld
By: bigluke23
Jun 28, 2012 - 09:28 am
It looks like some of the punitive aspects of the Medicaid expansion is ruled unconstitutonal.

Basically, the Federal Government can give money for the expansion of Medicaid, and can dictate how that is used, but they can't withhold exisiting medicaid funds as a punishment for not expanding medicaid


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Re: Most of Obamacare Upheld
By: bigluke23
Jun 28, 2012 - 09:31 am
Here's my issue with the decision...

The Supreme Court ruled that the individual mandate is a tax, but it's not a tax based on income, it's based on activity. It seems to me that it's still a form of regulating activity, which SCOTUS ruled today was not allowed by Congress under the commerce clause or necessary and proper clause.


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Re: Most of Obamacare Upheld
By: Pock
Jun 28, 2012 - 09:37 am
Bottom Line. It has been upheld.


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Re: Most of Obamacare Upheld
By: bigluke23
Jun 28, 2012 - 09:42 am
It has...but the Medicaid expansion ruling may be problematic. States can't be punished for not expanding Medicaid, which was one of the main mechanisms to expanding care.

From the Republican side, this may buoy them. As one person put it, this will bring up a lot of the emotion and energy that was prevelent in 2009 and 2010, that lead to the Tea Party and winning 50+ seats in the House...just some food for thought.


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Re: Most of Obamacare Upheld
Jun 28, 2012 - 09:58 am
Luke, have you actually read the bill? Its clearly a tax as written in the bill...which I've stated before. Our tax code has lots of things in it to encourage certain activities... like mortgages, charitable contributions, children.... we are not obligated to do those things but we get tax credits when we do. Insurance will now be one of those things that you can chose to do or not do...which will have tax implications.

I am not surprised the tax was upheld, however I am surprised that this activist court didn't find a way to overrule it. I haven't had a chance to read the opinions, yet.

The Medicaid issue will be interesting to watch as well.


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Re: Most of Obamacare Upheld
By: bigluke23
Jun 28, 2012 - 10:03 am
I did not read all 4000 plus pages of the bill. And yes, it's reasonable that it's a tax I suppose...but the Obama administration was adamant it wasn't a tax, until they needed it to be one.

From a September 2009 interview with ABC News


STEPHANOPOULOS: …during the campaign. Under this mandate, the government is forcing people to spend money, fining you if you don’t. How is that not a tax?

OBAMA: Well, hold on a second, George. Here — here’s what’s happening. You and I are both paying $900, on average — our families — in higher premiums because of uncompensated care. Now what I’ve said is that if you can’t afford health insurance, you certainly shouldn’t be punished for that. That’s just piling on. If, on the other hand, we’re giving tax credits, we’ve set up an exchange, you are now part of a big pool, we’ve driven down the costs, we’ve done everything we can and you actually can afford health insurance, but you’ve just decided, you know what, I want to take my chances. And then you get hit by a bus and you and I have to pay for the emergency room care, that’s…

STEPHANOPOULOS: That may be, but it’s still a tax increase.

OBAMA: No. That’s not true, George. The — for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase. What it’s saying is, is that we’re not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase. People say to themselves, that is a fair way to make sure that if you hit my car, that I’m not covering all the costs.

STEPHANOPOULOS: But it may be fair, it may be good public policy…

OBAMA: No, but — but, George, you — you can’t just make up that language and decide that that’s called a tax increase. Any…

STEPHANOPOULOS: Here’s the…

OBAMA: What — what — if I — if I say that right now your premiums are going to be going up by 5 or 8 or 10 percent next year and you say well, that’s not a tax increase; but, on the other hand, if I say that I don’t want to have to pay for you not carrying coverage even after I give you tax credits that make it affordable, then…

STEPHANOPOULOS: I — I don’t think I’m making it up. Merriam Webster’s Dictionary: Tax — “a charge, usually of money, imposed by authority on persons or property for public purposes.”

OBAMA: George, the fact that you looked up Merriam’s Dictionary, the definition of tax increase, indicates to me that you’re stretching a little bit right now. Otherwise, you wouldn’t have gone to the dictionary to check on the definition. I mean what…

STEPHANOPOULOS: Well, no, but…

OBAMA: …what you’re saying is…

STEPHANOPOULOS: I wanted to check for myself. But your critics say it is a tax increase.

OBAMA: My critics say everything is a tax increase. My critics say that I’m taking over every sector of the economy. You know that. Look, we can have a legitimate debate about whether or not we’re going to have an individual mandate or not, but…

STEPHANOPOULOS: But you reject that it’s a tax increase?

OBAMA: I absolutely reject that notion.



http://abcnews.go.com/blogs/politics/2012/06/obama-i


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Re: Most of Obamacare Upheld
By: leslie110
Jun 28, 2012 - 10:19 am
bigluke23 writes:
From the Republican side, this may buoy them. As one person put it, this will bring up a lot of the emotion and energy that was prevelent in 2009 and 2010, that lead to the Tea Party and winning 50+ seats in the House...just some food for thought.



This will buoy people to vote for Romney...who basically created Obamacare?


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Re: Most of Obamacare Upheld
By: billybob
Jun 28, 2012 - 10:49 am
Pock writes:
Bottom Line. It has been upheld.



It was upheld with Dubyas appointed Chief Justice voting with the majority, and against all thy other conservative justices, and writing the majority opinion.

It is hard to believe that there is any republican anywehere that believed that would happen.

However, to some people who were present at the oral arguments they believed that based on some of Roberts questions and more so facial expressions and body language during the conservatives questions, they thought there might be a very, very slight chance this would happen.


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Re: Most of Obamacare Upheld
By: Pock
Jun 28, 2012 - 10:52 am
Now Americans will be required to pay for their own health care. No more free rides.


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Re: Most of Obamacare Upheld
By: Pock
Jun 28, 2012 - 11:05 am
billybob writes:
Pock writes:
Bottom Line. It has been upheld.



It was upheld with Dubyas appointed Chief Justice voting with the majority, and against all thy other conservative justices, and writing the majority opinion.

It is hard to believe that there is any republican anywehere that believed that would happen.

However, to some people who were present at the oral arguments they believed that based on some of Roberts questions and more so facial expressions and body language during the conservatives questions, they thought there might be a very, very slight chance this would happen.



I'm not a huge fan of the Supreme Court overturning law. I am pleased in that aspect that they didn't interfere.

As for the Health Care law itself, It isn't perfect. Congress needs to do it's job. Republicans and Democrats in Congress have been woefully negligent in their duties. If the Health care law needs work, as I truly believe it does, it needs done in the congress, not being thrown out by non-elected, life-time Federal Agents.


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Re: Most of Obamacare Upheld
By: HipKat
Jun 28, 2012 - 12:40 pm
bigluke23 writes:
I did not read all 4000 plus pages of the bill.



Just the parts that support the right wing's agenda to continue to spread fear, lies and rhetoric....



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Re: Most of Obamacare Upheld
Jun 28, 2012 - 12:51 pm
Luke, have you actually read the bill? Its clearly a tax as written in the bill...which I've stated before. Our tax code has lots of things in it to encourage certain activities... like mortgages, charitable contributions, children.... we are not obligated to do those things but we get tax credits when we do. Insurance will now be one of those things that you can chose to do or not do...which will have tax implications.

I am not surprised the tax was upheld, however I am surprised that this activist court didn't find a way to overrule it. I haven't had a chance to read the opinions, yet.

The Medicaid issue will be interesting to watch as well.


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Re: Most of Obamacare Upheld
Jun 28, 2012 - 01:05 pm
The supreme court doesnt care what was said in an interview, on a talk show or on the campaign trail. The only thing that they rule on is what is written in the law.

The bill wasn't as long as critics made it out to be. Like most bills It was formatted for editing tripled spaced with huge left and right margins such that there were only a few paragraphs on each page. I have scanned the entire document and read most of it. I highly recommend that anyone interested in the bill to do the same. You may actually want to read it before you buy into what people have said about from both sides. No matter what was said the penalty portion was clearly a tax as written.

If the Medicaid issue is struck down then so will be things like the speed limit, legal drinking age, housing and education Funding... too many precedents perhaps...


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Re: Most of Obamacare Upheld
By: Pock
Jun 28, 2012 - 02:28 pm
Justice Scalia said in dissent. "Imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry."


The only Government agents in this mess least accountable to the Citizenry That'd be You, Mr Scalia. You are the least accountable..Allowing Non-Elected, Life Time Appointed Federal Agents deciding if and when the Constitution is upheld is a danger to Liberty.

I wish I could somehow get that to him lol


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Re: Most of Obamacare Upheld
Jun 28, 2012 - 03:02 pm
I don't understand that point because the constitution clearly gives congress the authority to tax...how is congress not accountable ???


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