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Supreme Court decides 6-3 ACA subsidies are legal
http://america.aljazeera.com/article...v-burwell.html
So 6.4 million people keep their health insurance. |
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there's something wrong tho when legislators pass a bill, and then sue over the language that they put in the bill. |
http://www.slate.com/blogs/the_slate...an_act_of.html
it they aren't yelling 'states rights' it's 'judicial tyranny'. both are used to say 'i don't like it, but i don't have a good reason why, or i don't want to say why because it might tick off some voters'. :zz: either way, it's nonsensical. |
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http://www.thedailybeast.com/article...eputation.html There were people who thought the Supreme Court would dismiss based on the plaintiff's not having legal standing to bring the case. Which might have been perceived as a punt. This is better. Also, Scalia's rage is hilarious. |
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i've been accused, not on here but elsewhere, of being inconsistent. they say why do you support if you don't like all of the law? and it's because it's a start, hopefully one step on the way to single payer, universal, whatever one wishes to call it. |
In summary
"Affordable" does not mean affordable. "If you like your insurance you can keep your insurance" does not mean that if you like your insurance you can keep your insurance. "If you like your doctor you can keep your doctor" does not mean that if you like your doctor you can keep your doctor. "Penalty" does not mean penalty. "established by the state" means not established by the state. |
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so, what would you recommend be done? i keep seeing and hearing repeal and replace. with what? |
http://www.msnbc.com/msnbc/justice-s...ing-blaze-fury
when i read that marshall, who didn't like his cousin jefferson, actually turned his back on ol thomas when administering the oath to the newly elected president, i thought 'how funny'. but that bit of petulance pales in comparison to scalia's tantrum over the aca. tsk tsk |
Because bypassing separation of powers to "fix" a sloppy law (so affordable, it's mandatory!) is absolutely cause for celebration.
Founding principles? ![]() |
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That pic is from the other nite when Obama heard that Trump is running for President and is in 2ND PLACE!:D |
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O. M. G.
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Enumerated powers, checks and balances, all that stuff we had before political correctness and a 98% liberal press. Coincides with the time when America used to build things. No, unfortunately, to address this to Ben Franklin, we couldn't keep the Republic. Scalia's anger was quite justified. He is correct. We are now in a post-Constitutional America. And that should scare everybody. The words mean nothing. The Constitution has been shredded and now it's only the whims of one executive that drives all. Freedom is fading. |
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Thanks for the laugh. |
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You do realize that the repubs are actually relieved at the ruling, because they won't have people asking their ten thousand candidates for president how they're going to fix a mess that won't occur? And just because you do not like a ruling doesn't mean the system of checks and balances no longer applies. Perhaps, instead of hyperbolic phrases that say nothing, you can explain how the ruling is incorrect and at odds with the constitution? On what basis should they have ruled in the opppsite? |
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The SC could have acted as though they understood their job, and told one party of the legislative branch that when they ram through major legislation with no support from across the aisle (or from the majority of the public for that matter), and that they haven't read and don't understand, they will have to live with their mistakes. Instead, they became unelected legislators, rewriting key provisions of law based upon perceived intent, and let's be honest, political consequences. |
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back to the topic. how was the ruling incorrect? as for the legislation, it was passed, legally, by both houses of congress. you know, the ones who wrote the law, and discussed it? or are you suggesting it was passed as a 'gotcha', so they could then crush it in the scotus? by the way, here's a great article about the arguments in the case: http://www.slate.com/articles/news_a...after_all.html "But he seemed quite taken with a backup federalist argument made in numerous friend-of-the-court briefs. This argument stated that the law must be read to permit subsidies in states with no exchanges, because otherwise it would be unconstitutional. If the law forced states to set up exchanges before they received subsidies, Congress would be coercing a state to either create an exchange or risk sending its insurance market into a death spiral. And coercion this extreme violates the federalist principles enshrined in the Constitution." |
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now, if you'll excuse me, i have to go find my umbrella. it seems the sky is falling. |
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Separation of powers, or checks and balances, were designed to prevent government from wielding uninhibited power. Progs, understandably, have never been fond of the concept which is why they are always claiming that the Constitution is a "living document" whose principles can be changed to suit their whims. In this instance, scotus has decided that it is its function is to make a law work, not because of how it was written, but in spite of how it was written, simply because they want it to work. They decided that in the case of the ACA, "[A] fair reading of legislation demands a fair understanding of the legislative plan," and since the ACA desires "to improve health insurance markets," if at all possible it should be taken to mean whatever one believes it means in order to make it work, despite of its troubled legislative history (as in relying on the public's ignorance). This is known as judicial activism, or legislating from the bench. It's not as if it's never happened before, but I expect that this example of it, in such sweeping legislation, means that we can expect to see more in the future. |
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i hope you read the article i posted, explaining some of what the justices considered. but you probably didn't. again, not liking the ruling doesn't mean it is unconstitutional or that our system is broken. when the scotus ruled on corporate free speech, and on hobby lobby, i disagreed with their decision. i didn't bemoan legislating from the bench. |
let's look at it this way:
who wrote the law, discussed the law, amended the law, voted on the law, passed the law? congress. who enacted the law, set up the mechanisms for the law? congress who can change the law, repeal the law? congress. what did scotus do? uphold the law. so, therefore, ignoring all that congress did, scotus is legislating from the bench? hogwash |
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Now, I have a show to listen to. :D |
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Based on what is aca unconstitutional? You've said it is, but what makes it so? Based on what should the scotus have tossed it? And scotus didn't rewrite a thing.
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well? it's been four hours, surely you could have explained by now what makes the aca unconstitutional? or at least the subsidies that the scotus upheld. because if they had looked at it as 'forcing' states to give them, THAT would have been unconstitutional. good thing that didn't happen.
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This is a great week for tyranny.
"I'm scared, lol repubs cry harder." We're all gonna be crying sooner or later. Especially the plebs who trust their government and defend it to the max. |
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The ACA would have been unconstitutional had not the majority reinterpreted/rewritten the states' requirement. Is that really so difficult to grasp? Of course it was rewritten, first turning the individual mandate into a tax, then reworking the Medicaid expansion, and now finding that "established by the state" means "established by the federal government," because had they not ruled in such a manner (as you just said) it would have been unconstitutional. Never mind that Gruber said that it specifically was written that way intending to force states into supporting scotuscare. |
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yeah, when time is slow at times i can get on here. and i love to visit the site when something has gone on that rankles some. hehe. it's hilarious. anyway, you and pants and rudeboy can have your little conspiracy fan club and whine about me and GR. i'll sit back and enjoy more people having equality. in the land of the free, where all are supposed to be equal, but still have to fight for it. now this, this is fantastic: No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. Justice Kennedy |
You know, in 1836, a gag order was instituted in the House, barring all discussion of slavery. Wonder why those against getting health care to those without didn't try to pass a rule like that?
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:tro::tro:...Post of the month.. |
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The Supreme Court's bad call on Affordable Care Act "In King vs. Burwell, the Supreme Court ruled that the Affordable Care Act permits individuals who purchase insurance on the federal exchange to receive taxpayer subsidies. Though the King decision pleases the ACA’s ardent supporters, it undermines the rule of law, particularly the Constitution’s separation of powers..." http://www.latimes.com/opinion/op-ed...629-story.html |
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as for the aca, it can be repealed. and an opinion piece is just that, the writers opinion. congrats, it matches your opinion. i'll spare you links to articles that don't hold that opinion. not an ardent supporter, i think now and have always thought the aca isa convoluted mess. but it brought coverage to a lot more people, and is all they thought they could do for now. i'll keep waiting and hoping for universal health care. |
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i've disagreed with other rulings, unlike cruz, huck, jindal, etc. but unlike them, i don't see a reason to blow up the scotus. |
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