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03-28-2012, 12:54 AM
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#451
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adept
Join Date: Nov 2010
Posts: 1,140
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Re: Obamacare Goes to Court
Quote:
Originally Posted by goofball
I love the slippery slope argument. Because totally, if we let the federal government people prevent people from freeriding the health care system then basically the next thing is they're going to tell you what kind of shoes you're allowed to buy, what kind of haircut you're allowed to get, who is allowed to get healthcare, and eventually Federal agents will just gun down people in the street and there'll be nothing anyone can do.
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good lord you do know that all of these scary scenarios you listed have actually happened throughout history upon the rise of government power???, and like they werent overnight, yet you mockingly list them off as if they cant possibly ever have happened or will ever happen 
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03-28-2012, 12:56 AM
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#452
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RIZZAHHHHHH
Join Date: Nov 2005
Location: hello, yes this is goat
Posts: 10,446
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Re: Obamacare Goes to Court
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Originally Posted by mpethybridge
No, because that is not a legal principle.
Also, nobody would be voted out on their broccoli vote. people would be all "I don't give a **** about broccoli, did he vote to increase my unemployment check/welfare benefits/lower my taxes/whatever."
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Would you say that deference to Congress is not a legal principle? Not the same, I know, but related.
For the second part, you might get disagreements from every incumbent who lost their job in 2010.
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03-28-2012, 12:59 AM
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#453
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Carpal \'Tunnel
Join Date: Nov 2005
Location: on top of the bell curve
Posts: 56,227
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Re: Obamacare Goes to Court
Quote:
Originally Posted by razrback
I think you are leaving out the part about the IRS further stealing $$ from you. You lose even more money to IRS theft that you had worked for. That happens to you, and it is through force like all other IRS confiscations.
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Stretching the definition of "forced to buy insurance" to absurd lengths itt.
Can I pick anything in my life that someday I may have to pay a little more if I don't do and call it "forced"? Hey guys I'm forced by Best Buy to get that extended warranty. I mean sure I don't have to. But it's possible someday I'll have to pay to get my TV fixed if I don't pay now. FORCED!
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03-28-2012, 01:03 AM
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#454
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Don't Call Me Shirley
Join Date: Feb 2005
Location: Treating my drinking problem.
Posts: 59,540
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Re: Obamacare Goes to Court
So, are people who are opposed to Obamacare also opposed to school vouchures and the Ryan plan to turn Medicare into a plan where people buy subsidized private insurance?
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03-28-2012, 01:10 AM
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#455
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see my coaching listing
Join Date: Jul 2005
Location: 79.17% dead, most likely
Posts: 14,240
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Re: Obamacare Goes to Court
Quote:
Originally Posted by TalkingDonkey
Would you say that deference to Congress is not a legal principle? Not the same, I know, but related.
For the second part, you might get disagreements from every incumbent who lost their job in 2010.
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They voted for a bigger bill than a broccoli bill. I suspect if congress passed a sweeping grocery list bill that required you to buy government vouchers for (only healthy) food that you then redeemed at the grocery store, that that would be a more comparable bill to obamacare.
Deference to Congress most definitely is a limiting principle. But it is not a limiting principle on the scope of the commerce clause, which is what the court is searching for. (I think that) All acts of congress go before the court system with a presumption of constitutionality, which is the mechanism the court uses to defer to congress. (If not all, certainly most--there's an argument, i guess, that statutes subject to strict constitutional scrutiny don't actually realize any benefit from such a presumption because of the rigor of the strict scrutiny test, but this is an area of law I claim no particular expertise in).
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03-28-2012, 01:34 AM
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#456
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aka starkwired
Join Date: Feb 2006
Posts: 8,014
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Re: Obamacare Goes to Court
grunching
If the court votes to overturn the law, isn't that a case of super-aggressive legislation from the bench, which is the very thing those who would vote to overturn the law constantly rail against? Is anyone else a bit disgusted by how hypocritical that position is?
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03-28-2012, 01:46 AM
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#457
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see my coaching listing
Join Date: Jul 2005
Location: 79.17% dead, most likely
Posts: 14,240
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Re: Obamacare Goes to Court
Quote:
Originally Posted by champstark
grunching
If the court votes to overturn the law, isn't that a case of super-aggressive legislation from the bench, which is the very thing those who would vote to overturn the law constantly rail against? Is anyone else a bit disgusted by how hypocritical that position is?
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um, no. It is just a garden variety exercise of the power of judicial review of the scope of congressional power.
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03-28-2012, 01:53 AM
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#458
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Beat Nate Silver
Join Date: Oct 2003
Location: Blogging 2012 Election Projections
Posts: 12,053
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Re: Obamacare Goes to Court
Quote:
Originally Posted by razrback
good lord you do know that all of these scary scenarios you listed have actually happened throughout history upon the rise of government power???, and like they werent overnight, yet you mockingly list them off as if they cant possibly ever have happened or will ever happen  
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so is your argument because governments in the past have done it it's plausible in the united states?
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03-28-2012, 01:54 AM
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#459
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Beat Nate Silver
Join Date: Oct 2003
Location: Blogging 2012 Election Projections
Posts: 12,053
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Re: Obamacare Goes to Court
Quote:
Originally Posted by seattlelou
It isn't clear to the solicitor general what the limiting principle will be if you had had a chance to listen to his answer. If the mandate is upheld it seems that the Court will create one. It is certainly a serious concern to the SCOTUS.
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quick sidebar.
How do you feel about a supreme court ruling that either a) allow for a healthcare mandate using something other than the commerce clause or b) allows for it under the commerce clause but explicitly recognizes the unique nature of the health care "market" in some way
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03-28-2012, 01:56 AM
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#460
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Carpal \'Tunnel
Join Date: Dec 2007
Location: Buenos Aires
Posts: 7,475
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Re: Obamacare Goes to Court
Quote:
Originally Posted by goofball
so is your argument because governments in the past have done it it's plausible in the united states?
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yes? American exceptionalism really has rotted your brain.
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03-28-2012, 02:21 AM
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#461
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adept
Join Date: Nov 2010
Posts: 1,140
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Re: Obamacare Goes to Court
Quote:
Originally Posted by goofball
so is your argument because governments in the past have done it it's plausible in the united states?
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yes (wow)
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03-28-2012, 02:29 AM
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#462
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see my coaching listing
Join Date: Jul 2005
Location: 79.17% dead, most likely
Posts: 14,240
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Re: Obamacare Goes to Court
Quote:
Originally Posted by goofball
so is your argument because governments in the past have done it it's plausible in the united states?
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Quote:
Originally Posted by razrback
yes (wow)
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lol, exactly. But it is also plausible that the US government will do it because the US government has done it repeatedly and recently:
Quote:
Originally Posted by mpethybridge
Given that we are talking about a federal government that has conducted or sanctioned medical experiments on blacks, biological experiments on New Yorkers, nuclear experiments on Nevadans, wholesale denial of due process to Japanese Americans and Muslim Americans, passed the patriot act with little justification and then retained those sweeping new powers despite the obvious diminution in the threat they claimed necessitated them, jailed political opponents in time of war and peace, i would say that the conservative opposition to granting new powers to this untrustworthy group is not wholly unfounded.
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03-28-2012, 02:32 AM
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#463
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Beat Nate Silver
Join Date: Oct 2003
Location: Blogging 2012 Election Projections
Posts: 12,053
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Re: Obamacare Goes to Court
Quote:
Originally Posted by razrback
yes (wow)
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Holocaust and slavery?
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03-28-2012, 03:17 AM
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#464
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journeyman
Join Date: Feb 2009
Posts: 395
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Re: Obamacare Goes to Court
The government would never mandate the purchase of a product whose effectiveness depends on it being used/consumed.
A brocoli mandate would only work if it also required consumers to eat brocoli. Requiring consumers to actually ingest a certain type of food would be a huge intrusion on civil liberties. What if people are allergic? What if they don't like the taste? What if they have religious objections? The same goes for a gym membership - a membership itself does not make people healthier unless it's actually used. Requiring people to actually go to the gym is a lot different than requiring them to carry insurance.
So I think if you are looking for a limiting principle, or a way to distinguish health care insurance from other products, it's that it is an intangible product whose effectiveness does not depend on the consumer taking any additional action aside from simple ownership.
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03-28-2012, 03:18 AM
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#465
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adept
Join Date: Nov 2010
Posts: 1,140
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Re: Obamacare Goes to Court
Quote:
Originally Posted by goofball
Holocaust and slavery?
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yeah it could get that worse again in our life time, if thats what your asking.
just gotta make sure we vote the right people in tho amirite!
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