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View Diary: Big story: HCR ruled unconstitutional. Little story: 14 judges disagree. (179 comments)

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  •  I have less and less faith in the Federal... (12+ / 0-)

    ...judiciary the higher up we go.  Little Faith in the District Courts (where this ruling was made), less in the Appellate Courts, and virtually none in the U.S. Supreme Court as presently constituted.

    •  The extremely activist, not at all bound (6+ / 0-)

      by original intent Roberts Court is not trustworthy?

      In other news, Santa Clause is fat.

      In theory, there is no difference between theory and practice; but in practice, there always is a difference. - Yogi Berra

      by blue aardvark on Mon Dec 13, 2010 at 01:37:54 PM PST

      [ Parent ]

    •  However, (2+ / 0-)
      Recommended by:
      neroden, Matt Z

      I think the Supremes will realize it can only get worse.  If they strike down the mandate, Dolecare/Romneycare becomes a non-viable approach.  Then the moral pressure really falls on a Medicare buy-in which is REALLY bad for business.

      Even if the Supremes rule unconstitutional, they'll use some fig leaf like "if this were called a tax, it would be constitutional".

      In short, I expect they'll say it is constitutional for political reasons.

      "Raise your hand if you think Social Security and Medicare are Socialism."-Lawerence O'Donnell

      by AZphilosopher on Mon Dec 13, 2010 at 02:06:16 PM PST

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    •  If insurance mandate is "unconstitutional"... (0+ / 0-)

      ... then federal regulation of many things, including "illegal" drugs, is also outside the scope of the Commerce Clause.

      Bring it on, conservatives.  Bring it on.

      Please help to fight hunger with a donation to Feeding America this holiday season.

      by MJB on Mon Dec 13, 2010 at 02:54:38 PM PST

      [ Parent ]

      •  Ah, but right-wingers have no principles. (0+ / 0-)

        The Five Goons on the Supreme Court will simply rule that the federal government has plenary powers to do whatever it likes to people.  Unless the Five Goons disapprove of whatever-it-is, in which case it's "unconstitutional".

        Read pp. 1-7 of Krugman's _The Great Unraveling_ (available from Google Books). NOW.

        by neroden on Mon Dec 13, 2010 at 07:57:05 PM PST

        [ Parent ]

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