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Posted: 1/5/2012 3:11:23 PM EDT
Time for something relatively positive.


The Obama administration is headed into a Supreme Court case over healthcare reform without a clear answer to significant questions about Congress’s power.

The Justice Department will file its first brief on the merits of the case Friday — the beginning of a long process that will almost surely culminate in a ruling this summer. The first briefs will focus on the core question of whether it is constitutional to make almost every American buy health insurance.

The Obama administration has a winning record on that point in federal appeals courts. But even in the cases it has won, the administration has failed to answer a key question: If Congress has the power to enforce the insurance mandate, where does that power stop?



It’s known in legal jargon as a "limiting principle.” When courts evaluate a new application of Congress’s constitutional authority, they have historically wanted to see clear limits to those powers.

"The DOJ has to do a better job of answering, ‘What goes beyond your theory of federal power?' " said Ilya Shapiro, a legal scholar at the libertarian Cato Institute who opposes the insurance mandate. "They’ve been asked this in every court and they’ve never satisfied the court, even in the cases they’ve won.”

The 11th Circuit Court of Appeals — the specific case now before the Supreme Court — struck down the insurance mandate partially on the grounds that upholding it would open the door to a flood of regulation.

"Ultimately, the government’s struggle to articulate … limiting principles only reiterates the conclusion we reach today: There are none,” the court said in its ruling.


http://thehill.com/blogs/healthwatch/legal-challenges/202573-lawyers-courts-see-weaknesses-in-defense-of-obamas-healthcare-law

Found via Reason.com's blog.



Link Posted: 1/5/2012 3:12:39 PM EDT
Repeal that shit and kick the asshole out of the white house.
Link Posted: 1/5/2012 3:26:31 PM EDT
Originally Posted By narcedglocker:
Repeal that shit and kick the asshole out of the white house.


first post and all.......
Link Posted: 1/5/2012 3:27:24 PM EDT
I have hopes of parts at least being struck down.

If not, it is the final nail in our socialist coffin.
Link Posted: 1/5/2012 3:34:36 PM EDT
A weak replublic, perpetuated by an equally weak spine allows this to occur.

Link Posted: 1/5/2012 3:35:31 PM EDT
Originally Posted By narcedglocker:
Repeal that shit and kick the asshole out of the white house.


Never gonna happen.
Link Posted: 1/5/2012 3:35:35 PM EDT
if the individual mandate is struck down ( more than likely ) the rest will cave in on itself as it wont be enforceable.
Link Posted: 1/5/2012 3:37:22 PM EDT
Kagan was appointed to the Supreme Court for just such a battle. Didn't you see this coming. She was drafting arguments before she
was even confirmed.

Kagan Article

Internal Justice Department email communications made just days before the House of Representatives passed the Patient Protection and Affordable Care Act
show that then-Solicitor General Elena Kagan was brought into the loop as DOJ began preparing to respond to an anticipated legal complaint that Mark Levin and the
Landmark Legal Foundation were planning to file against the act if the House used a procedural rule to “deem” the bill passed even if members never directly voted on it.
Link Posted: 1/5/2012 3:48:13 PM EDT

Originally Posted By PantherArms762:
Originally Posted By narcedglocker:
Repeal that shit and kick the asshole out of the white house.


Never gonna happen.

Nope.
Link Posted: 1/6/2012 3:36:42 PM EDT
Originally Posted By OsoGrande:
Originally Posted By narcedglocker:
Repeal that shit and kick the asshole out of the white house.


first post and all.......


Everything everybody above says.
Link Posted: 1/6/2012 3:45:54 PM EDT
We'll see, I guess....
Link Posted: 1/6/2012 3:47:28 PM EDT
Originally Posted By Chuy123:
if the individual mandate is struck down ( more than likely ) the rest will cave in on itself as it wont be enforceable.

I very much hope you are correct.
Link Posted: 1/6/2012 3:51:10 PM EDT
The court reaffirmed an extremely permissive interpretation of the commerce clause only a few years ago. They would pretty much have to reverse that, at least in part, to overturn the individual mandate to buy health insurance.
Link Posted: 1/6/2012 3:57:09 PM EDT

Originally Posted By 1Andy2:

The court reaffirmed an extremely permissive interpretation of the commerce clause only a few years ago.

Raich versus Gonzales.

It's worth it, though, if we can make dopers cry.


Link Posted: 1/6/2012 3:59:22 PM EDT
Originally Posted By Staggunner:
I have hopes of parts at least being struck down.

If not, it is the final nail in our socialist coffin.


I will bet the funding mandate will be overturned. If not we (the US) are done for.

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