Health Care Reform Challenge REJECTED By Supreme Court

  • metta

    Posts: 39138

    Nov 08, 2010 7:22 PM GMT

    Health Care Reform Challenge REJECTED By Supreme Court

    http://www.huffingtonpost.com/2010/11/08/health-care-reform-challe_n_780289.html
  • Posted by a hidden member.
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    Nov 08, 2010 7:33 PM GMT
    I saw this earlier. Guess it's not so unconstitutional after all. icon_rolleyes.gif
  • tongun18

    Posts: 593

    Nov 08, 2010 7:40 PM GMT
    Christian73 saidI saw this earlier. Guess it's not so unconstitutional after all. icon_rolleyes.gif


    That's not it. The people who brought the case tried to circumvent the Court of Appeals. SCOTUS very rarely hears cases wherein they would have original jurisdiction, they like the issues aired out and sent through the entire judicial process before they weigh in.
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    Nov 08, 2010 7:45 PM GMT
    It really doesn't mean much. The proper process was not followed and the case was thrown out 9-0 for that reason. It will be tested, again, through proper process and the end outcome may be much different.
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    Nov 08, 2010 7:46 PM GMT
    I realize that, but the justices do not seem to want to take it on. As the article said: "Of more significance is the sign that all the justices took part in rejecting the appeal."

    Since Alito has already said it's constitutional, there's really no "there", there.
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    Nov 08, 2010 7:48 PM GMT
    The case has to go through lower courts, first. Almost certainly a case like it will be heard at some point in the next few years.

    The court was unanimous in its rejection because the proper lower courts hadn't addressed the matter. The case did NOT belong in The Supreme Court and that's why it was rejected.

    It's hard to tell how the matter will decided when it goes through the proper channels.
  • tongun18

    Posts: 593

    Nov 08, 2010 8:21 PM GMT
    Christian73 saidI realize that, but the justices do not seem to want to take it on. As the article said: "Of more significance is the sign that all the justices took part in rejecting the appeal."

    Since Alito has already said it's constitutional, there's really no "there", there.


    That was significant because Kagan was present. She has recused herself from other cases because she was Obama's solicitor general, she did not recuse herself here.