FEDERAL APPEALS COURT UPHOLDS OBAMA HEALTH CARE LAW

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    Jun 29, 2011 8:44 PM GMT


    "President Obama's controversial health care law got a major boost Wednesday when the first ruling by a federal appeals court affirmed that Congress can require Americans to have minimum insurance coverage."





    http://www.foxnews.com/politics/2011/06/29/us-appeals-court-upholds-obama-health-care-law/
  • rnch

    Posts: 11524

    Jun 29, 2011 9:15 PM GMT
    southbeach jane must be choking on her own bile
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    Jun 29, 2011 9:18 PM GMT
    Judge Sutton, conservative Bush-appointee On the merits, this case presents two distinct questions: Does the individual mandate survive the substantial-effects test? And, if so, is there something about the novelty of this law—compelling the purchase of health insurance—that warrants striking it down nonetheless?

    The initial question is the easier of the two, as the breadth of the substantial effects doctrine and the nature of modern health care favor the validity of this law. No matter how you slice the relevant market—as obtaining health care, as paying for health care, as insuring for health care—all of these activities affect interstate commerce, in a substantial way. [...]

    Does the Commerce Clause contain an action/inaction dichotomy that limits congressional power? No—for several reasons. First, the relevant text of the Constitution does not contain such a limitation. To the extent “regulate,” “commerce,” “necessary” and “proper” might be words of confinement, the Court has not treated them that way, as long as the objects of federal legislation are economic and substantially affect commerce. [...] Second, the promise offered by the action/inaction dichotomy—of establishing a principled and categorical limit on the commerce power—seems unlikely to deliver in practice. Level of generality is destiny in interpretive disputes, and it remains unclear at what level plaintiffs mean to pitch their action/inaction line of constitutional authority or indeed whether a workable level exists.
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    Jun 29, 2011 9:30 PM GMT
    The Personal Responsibility Clause was upheld.
  • GQjock

    Posts: 11649

    Jun 29, 2011 10:22 PM GMT
    Ooooooh....... there are Some people who are in desperate need of some Famitomide (Stomach Medicine) right now

    Maybe there's a provision for that somewhere ... ya think?

    Right wing dissociative disorder? icon_cool.gif
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    Jun 29, 2011 11:10 PM GMT
    The Judge in this case clerked for Scalia. icon_lol.gif
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    Jun 29, 2011 11:20 PM GMT
    Christian73 saidThe Judge in this case clerked for Scalia. icon_lol.gif

    Yeah, a Bush appointee, I believe. Certain people were quick to post & gloat here when some lower courts ruled against the National Health Care plan. Where are they now?

    Though frankly I am not optimistic. When this gets to the US Supreme Court I expect the "Gang of Five" Republicans will declare any health care plan unconstitutional.

    Four of them are solidly against US citizens, favoring only corporate interests, and "Uncle Thomas" will do as he's told, having little understanding of the issues and rarely able to write opinions, even with the aid of his law clerks.
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    Jul 02, 2011 6:19 PM GMT
    southbeach1500 said
    Art_Deco said
    Four of them are solidly against US citizens, favoring only corporate interests, and "Uncle Thomas" will do as he's told, having little understanding of the issues and rarely able to write opinions, even with the aid of his law clerks.


    Once again, you inject race into a conversation.

    But I'm not surprised, as I haven't bought into that crap about you being "reformed" on your racist views that all Muslims should be shipped out of the USA.



    More personal attacks from SB.
    Stick to the issues SB.
    The issue is: HEALTH CARE REFORM
    Those who said the mandate was unconstitutional LIED.
    Thank you Mitt Romney, President Obama, and the Dems!! ROMNEYCARE FOR ALL!!