Obamacare Takes a Blow

[stebo0728]

http://blog.heritage.org/2011/08/15/mor ... obamacare/

The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress’s enumerated power….

The federal government’s assertion of power, under the Commerce Clause, to issue an economic mandate for Americans to purchase insurance from a private company for the entire duration of their lives is unprecedented, lacks cognizable limits, and imperils our federalist structure.

Pretty solid finding.

[IBCoupe]

Nah. This is one of two conflicting holdings, and this one is going to be subject to an en banc review. From what little I've read about the actual opinion, it sounds like the Court employed some flawed analysis. I'll have to look for the opinion later.

[stebo0728]

So whats the next logical step? Another appeal, or is it SCOTUS time now? How do you think it will fare in SCOTUS hands? Then theirs the recusal in question, which we've discussed before, and may be non-issue, but just because its non-issue doesn't mean it wont be an issue anyway.

[IBCoupe]

So whats the next logical step? Another appeal, or is it SCOTUS time now? How do you think it will fare in SCOTUS hands? Then theirs the recusal in question, which we've discussed before, and may be non-issue, but just because its non-issue doesn't mean it wont be an issue anyway.

Ha! I get your point, but the "non-issue, but might be an issue anyways" thing is funny. We've got to see what happens en banc, if it goes there. When a case travels to a federal court of appeals, the matters of law are argued before three judges. Sometimes, the case is appealed directly to the Supreme Court, and sometimes it goes to an extra step, where twelve judges for the circuit hear an appeal. That might happen.

Even if it doesn't, there's some talk that the Supreme Court is not going to decide what to do and when to do it until after the Fourth Circuit releases its opinion on that appeal.

[themadscientist]

The thread title suggested perhaps certain therapeutic treatments had been approved for coverage...

[szh]

The thread title suggested perhaps certain therapeutic treatments had been approved for coverage...

Took me a few moments to get it.



Z

[BusyBadger]

The thread title suggested perhaps certain therapeutic treatments had been approved for coverage...

No, no...you're thinking about the Clinton-Lewinsky Plan. I here there's even a plan to get cuddly with Fidel & the boys so particpants can enjoy a good cigar now and again.

[themadscientist]

Then be sure to remember...

[stebo0728]

Korean massage parlor lobbyists are already lining up in DC.

[R/T Hemi]

[szh]

Where were the survivors buried?

Z

[themadscientist]

The first time "happy ending" was attached to a bill as a rider.

[Encryptshun]

^ there's a joke to be made in there somewhere. NiCO, see if you can spot it!