Another Federal Judge rules Obamacare unconstitutional

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lothar

Diamond Member
Jan 5, 2000
6,674
7
76
If I don't pay into the Social Security insurance do I also not get fines and jail? If I run a business am I also not forced to pay by threat of jail, fines, and lose of my job/business?

Also just in case you don't know. The SC ruled SS was legal in 37. SS expansion and many amendments did not take place until 1939 and later. So yes the original SS was legal but since then it has been expanded and adjusted so many times since then... well.
Hedge fund managers don't pay any SS/Medicare/FICA taxes.
Feel free to start your own hedge fund business.

Perfectly legal and you won't go to jail for it.
 

Craig234

Lifer
May 1, 2006
38,548
349
126
Which was not an expression of approval, but a recognition of reality.

To be fair, that's (ship's sailed on the government ignoring the limits of its constitutional power) an unsatisfying response to the concerns.

If effectively says no concern is worth addressing, the constitution is 'inoperative', and that is a non-starter for a political position.

The thing is, to recognize there are at least two categories, which the right conflates:

Areas that may indeed have crossed a more reasonable line of constitutional authority; and the fact they on the right have a radical view for where they draw that line making all kinds of things that are and should be constitutional, unconstitutional by their radical version of the constitution. To them, the two are the same.

That's the thing, when you try to listen to a concern and discuss it, at any moment the next sentence is, 'so the income tax is unconstitutional'. Whoa, there, Rand Paul.

It's a hard talk to have with these people - but I don't dismiss it all out of hand.

The fact is, there are various interpretations of the constitution, and we have to pick one (at any given time).

The first thing to recognize, though, is that we ARE picking one, and no one version is 'the one written clearly in black in white and all the others are lies for agendas'.

The founding fathers themselves had conflicts over basic meanings of the constitution, and intentionally left parts of it very vague - look at the ninth and tenth amendments closing out the Bill of Rights - and had a very messy process of approval, over whether to specify some rights explicitly, making others seem less clear, leading to the Bill of Rights.

As long as people think the very small, vague constitution exactly and explicitly backs all their opinion, and anyone who disagrees with them is trying to get rid of the constitution altogether, there's not going to be much discussion. We could use people having a better understanding of the constitution, of what's reasonable.

It's unsettling to think the constitution is not clear on the specific things you are concerned about, but recognizing it is is the only way to get to a useful and honest discussion how to interpret it. To do anything else leaves it in the hands of ideologues to push radical agendas claiming they're the only ones who follow the constitution, as with Scalia et al.

People who want a political outcome like to say 'the constitution says so', because it's a powerful document everyone agrees to follow, trumping the debate over the politics and merit of the issue. And yet, it undermines the constitution and support for it, to misuse it and misrepresent it in this manner - not to mention the bad policy.

This is the sort of approach that takes issues out of the intended forum of rational debate, and lets things like money determine outcomes, where whoever can buy the huge megaphone to say 'THE CONSTITUTION SAYS SO ON MY SIDE' 10,000 times for every one peep of 'no it doesn't'.
 
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OCGuy

Lifer
Jul 12, 2000
27,224
36
91
It is funny, because this issue exposes liberals V "not republicans."

True liberals despise the fact that the goverment would force them to buy into the private insurance racket. The wanna-be libs however, would hate it much more if they had to agree with a "repuke" on an issue.
 

Craig234

Lifer
May 1, 2006
38,548
349
126
It is funny, because this issue exposes liberals V "not republicans."

True liberals...

What's funny is how weak people who get tired of having the constant wrongness of their side pointed out to them, invent the 'true liberals' label for themselves to get to try to wrap themselves in some wrapper of respectability that they can define however - however incoherently, that is - they like.

I haven't seen one of these people ever able to actually discuss the issue at hand relevant to this 'true liberal' nonsense - the better ones fall into parroting ideology.

The idea that the modern society might do best with a government-run healthcare system just violates their childish ideology, to they try to find a label to hide behind.

"True liberal", that's the ticket! That's why we're right and Obamacare is wrong!

They try to force the issue into the little ideological boxes they run around with, and
then pretend a major political theory supports them.

Obamacare, a public option, Medicare for all, and more can be debated, but not with these children, who all really go back to Reagan's 1960 'socialized medicine' propaganda, who really have nothing but spewing ideology that's against anything but some imaginary utopia where everyone has the best health care and no government, and when they actually get any power, they're worse at governing than the ideological communists were at running economies.

Maybe we need "true conservatives" who are for 'Medicare for all'. They would hate the idea of the citizens being prevented from pursuing their own best interests by a few corrupt insurance industry robber barons who put their own greed ahead of the well-being of the American people,and pay off the government to put them first.
 

umbrella39

Lifer
Jun 11, 2004
13,816
1,126
126
Oh FCS this carries as much weight as Willy Wonka ruling that chocolate is good. What the hell did you all expect?
 

Painman

Diamond Member
Feb 27, 2000
3,728
29
86
It is funny, because this issue exposes liberals V "not republicans."

True liberals despise the fact that the goverment would force them to buy into the private insurance racket. The wanna-be libs however, would hate it much more if they had to agree with a "repuke" on an issue.

I guess I'm a "True Liberal" then, because I DO despise being forced into the private insurance racket.

But it wasn't Obama who put me there... it was Romney. And any federal ruling against the Private Mandate doesn't help me, because I'm there as a matter of State law.
 

Double Trouble

Elite Member
Oct 9, 1999
9,270
103
106
There have actually been some surprisingly good posts in this thread :thumbsup: Even Craig, when you put aside his usual "right wing evil left wing great" drivel, actually has some good points as well

Each time a judge comes to a conclusion on this, everyone jumps on the "he's a republican or he's a democrat" train. The reality is that judges can come to different conclusions on this issue regardless of party by interpreting the laws differently. Think of an NFL ref reviewing a play on the instant replay machine. Different refs can come to different conclusions as to what actually happened during the play, without everyone immediately concluding the ref must be for one team or the other.

Having read (at least parts of) each of the 4 rulings, I think Vinsons ruling makes the most sense. If you take the idea that regulating inactivity as commercial activity to fall under the commerce clause to its logical conclusion, then there's nothing (that I can think of) that is beyond the scope of the congress to mandate and legislate as "commercial activity". That opens a very very very big door, one I'm not comfortable opening because history has taught us that every government eventually uses and abuses the power it is granted.

Good ruling in this case. We all know it will go up to the SCOTUS anyway, but still.
 
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ayabe

Diamond Member
Aug 10, 2005
7,449
0
0
I'm inclined to agree with this decision aside from one nagging issue. All citizens will at some point participate or utilize the healthcare system. Every single one of us has been to the doctor and probably the ER for some thing or another over the course of our lives. That's where the "inactivity" deal doesn't really fly with me. It may not be regular participation but everyone is a consumer of healthcare services.

The slippery slope argument for me is stronger in this case however - so it's a good decision. The SC will decide, hopefully soon so that the potential for wasting money one way or the other isn't disgustingly high.

Single payer is still the best solution in my opinion and we'll get there eventually when things reach critical mass.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
His words...

"Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals,"


Or congress could require people to pay into a retirement account and Disability Insurance.

Oh yea, SS is insurance and I am forced to pay it. You forget that?

SS is NOT insurance.

SS is a TAX. If they ended the program today they wouldn't owe you a single dime for the SS taxes you have already paid. Just because they collect a tax from you and pay someone else with it does not mean it is in anyway shape or form "insurance".
 

Vette73

Lifer
Jul 5, 2000
21,503
8
0
SS is NOT insurance.

SS is a TAX. If they ended the program today they wouldn't owe you a single dime for the SS taxes you have already paid. Just because they collect a tax from you and pay someone else with it does not mean it is in anyway shape or form "insurance".


In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance (OASDI) program.


http://www.law.cornell.edu/uscode/42/401.html#a,
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
To be fair, that's (ship's sailed on the government ignoring the limits of its constitutional power) an unsatisfying response to the concerns.

If effectively says no concern is worth addressing, the constitution is 'inoperative', and that is a non-starter for a political position.

The thing is, to recognize there are at least two categories, which the right conflates:

Areas that may indeed have crossed a more reasonable line of constitutional authority; and the fact they on the right have a radical view for where they draw that line making all kinds of things that are and should be constitutional, unconstitutional by their radical version of the constitution. To them, the two are the same.

That's the thing, when you try to listen to a concern and discuss it, at any moment the next sentence is, 'so the income tax is unconstitutional'. Whoa, there, Rand Paul.

It's a hard talk to have with these people - but I don't dismiss it all out of hand.

The fact is, there are various interpretations of the constitution, and we have to pick one (at any given time).

The first thing to recognize, though, is that we ARE picking one, and no one version is 'the one written clearly in black in white and all the others are lies for agendas'.

The founding fathers themselves had conflicts over basic meanings of the constitution, and intentionally left parts of it very vague - look at the ninth and tenth amendments closing out the Bill of Rights - and had a very messy process of approval, over whether to specify some rights explicitly, making others seem less clear, leading to the Bill of Rights.

As long as people think the very small, vague constitution exactly and explicitly backs all their opinion, and anyone who disagrees with them is trying to get rid of the constitution altogether, there's not going to be much discussion. We could use people having a better understanding of the constitution, of what's reasonable.

It's unsettling to think the constitution is not clear on the specific things you are concerned about, but recognizing it is is the only way to get to a useful and honest discussion how to interpret it. To do anything else leaves it in the hands of ideologues to push radical agendas claiming they're the only ones who follow the constitution, as with Scalia et al.

People who want a political outcome like to say 'the constitution says so', because it's a powerful document everyone agrees to follow, trumping the debate over the politics and merit of the issue. And yet, it undermines the constitution and support for it, to misuse it and misrepresent it in this manner - not to mention the bad policy.

This is the sort of approach that takes issues out of the intended forum of rational debate, and lets things like money determine outcomes, where whoever can buy the huge megaphone to say 'THE CONSTITUTION SAYS SO ON MY SIDE' 10,000 times for every one peep of 'no it doesn't'.
Valid points, although I hardly think that constructionism is a "radical agenda". A constitution that means anything you want is a constitution that means nothing. But Bowfinger was not addressing the constitutionality of Obamacare, merely agreeing with me that since many things which are arguably more unconstitutional have been approved by SCOTUS, it's unreasonable to expect that this ruling overturning it will be upheld. That's just admitting reality and projecting its likely extension - a totally separate issue from whether Obamacare is constitutional or whether the constitutionality of other measures should be examined.

Both left and right need to understand that a view on which way SCOTUS will rule is not (or should not be) an opinion SCOTUS should rule. Bowfinger's taking heat from both sides for merely recognizing reality.
 

HAL9000

Lifer
Oct 17, 2010
22,021
3
76
I just looked up "Obamacare" Could someone explain to me what it is and what's wrong with it, it seems fine from what wikipedia says.

"The laws focus on reform of the private health insurance market, provide better coverage for those with pre-existing conditions, improve prescription drug coverage in Medicare and extend the life of the Medicare Trust fund by at least 12 years"
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
Valid points, although I hardly think that constructionism is a "radical agenda". A constitution that means anything you want is a constitution that means nothing. But Bowfinger was not addressing the constitutionality of Obamacare, merely agreeing with me that since many things which are arguably more unconstitutional have been approved by SCOTUS, it's unreasonable to expect that this ruling overturning it will be upheld. That's just admitting reality and projecting its likely extension - a totally separate issue from whether Obamacare is constitutional or whether the constitutionality of other measures should be examined.

Both left and right need to understand that a view on which way SCOTUS will rule is not (or should not be) an opinion SCOTUS should rule. Bowfinger's taking heat from both sides for merely recognizing reality.

Oh, I understand that but I also know Bowfinger's history and selectiveness. It's also a tactic used by many on the left to deflect away from the issue of "should" because they know it's outside the scope of the Feds based on the Constitution. Just sayin'...
 

sactoking

Diamond Member
Sep 24, 2007
7,577
2,810
136
I'm inclined to agree with this decision aside from one nagging issue. All citizens will at some point participate or utilize the healthcare system. Every single one of us has been to the doctor and probably the ER for some thing or another over the course of our lives. That's where the "inactivity" deal doesn't really fly with me. It may not be regular participation but everyone is a consumer of healthcare services.

The slippery slope argument for me is stronger in this case however - so it's a good decision. The SC will decide, hopefully soon so that the potential for wasting money one way or the other isn't disgustingly high.

Single payer is still the best solution in my opinion and we'll get there eventually when things reach critical mass.

True, very true. The main counter points I always have are:

1) If I can afford to pay for my health care costs out of pocket why should I be forced to purchase insurance? Indeed, most other mandatory forms of insurance allow the citizen to exempt themselves if they can show the fiscal ability to self insure.

2) If I, a resident of Nevada, go to a primary care physician in Nevada who is a resident of Nevada and part of a doctor's group registered in Nevada and use Health Plan of Nevada, a Nevada domiciled insurance carrier, as my insurer how exactly have I participated in interstate commerce to such a degree as to open myself up to regulation through the Commerce Clause?

As it pertains to "inactivity", I believe there are valid inactivity arguments to be made with both points above. A person fitting example #1 is clearly "inactive" in the health insurance market and should not be subject to regulation for said inactivity. A person fitting example #2 is clearly "inactive" in interstate commerce and should in no way be regulated under the Commerce Clause.
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
I just looked up "Obamacare" Could someone explain to me what it is and what's wrong with it, it seems fine from what wikipedia says.

"The laws focus on reform of the private health insurance market, provide better coverage for those with pre-existing conditions, improve prescription drug coverage in Medicare and extend the life of the Medicare Trust fund by at least 12 years"

It forces people to buy a product from a private enterprise on the mere fact that they are alive and live in the united states on penalty of fines. Our constitution does not give congress the authority to pass a law that has such a mandate.

Theres a lot of questionable things about this law, both in terms of effectiveness of lowering healthcare costs and in terms of constitutionality.
 
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Vette73

Lifer
Jul 5, 2000
21,503
8
0
It forces people to buy a product from a private enterprise on the mere fact that they are alive and live in the united states on penalty of fines. Our constitution does not give congress the authority to pass a law that has such a mandate.

Theres a lot of questionable things about this law, both in terms of effectiveness of lowering healthcare costs and in terms of constitutionality.


No it does not.

It requires people to have insurance, that be Private or Gov based, if they do not fit any of the exemptions.
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
No it does not.

It requires people to have insurance, that be Private or Gov based, if they do not fit any of the exemptions.

Either way, its still unconstitutional.

Theres nothing in the constitution that allows regulation of healthcare anyway, but thats a separate matter, and like people say in this thread, "that ship has sailed"
 

sactoking

Diamond Member
Sep 24, 2007
7,577
2,810
136
I just looked up "Obamacare" Could someone explain to me what it is and what's wrong with it, it seems fine from what wikipedia says.

"The laws focus on reform of the private health insurance market, provide better coverage for those with pre-existing conditions, improve prescription drug coverage in Medicare and extend the life of the Medicare Trust fund by at least 12 years"

I agree that the goals of "Obamacare" are worthy. However, in order to accomplish those goals Congress set out to regulate the health insurance industry by mandating that all citizens purchase health insurance from a non-governmental insurance company, participate in a government-run "exchange", or face fines and/or jail.

Many people object to the fact that citizens are being forced by their government to purchase a product from (typically) a for-profit corporation in the form of a health insurance company. Many here view the health insurance companies as part of, or the root of, the US's health care problems. Given the ever-increasing premiums and more-frequent denials of coverage, being forced to become customers of theirs can be viewed as immoral.

Other people, like myself, object to the fact that this is a large leap for the Federal government to take. Regulation of the insurance industry has always been a State matter. Our Constitution was specifically designed to limit Federal powers only to those delineated in the Constitution. Over the course of the last couple hundred years many things that were State issues have been chipped away at through broad interpretations of vague wording. This appears to be the case here as well.

Compounding the issue is the fact that the specific clause and wording being invoked is of such importance that, given an affirmation of Congress' intent by the USSC, the Federal government would theoretically be given carte blanche to regulate citizens' lives in every conceivable way.

The clause at hand, commonly known as the Commerce Clause, allows the Federal government to regulate interstate commerce. This is important because, being sovereign States, no single State can forcibly impose its laws upon another (plus some other factors with interstate highways and Federal funding, etc). Should a dispute arise between a shipper in Montana and receiver in Louisiana there could be problems absent Federal regulation or some other form of mutual consent. In this case the Federal government is claiming that merely by being alive you will be a consumer of health services and that said consumption will *likely* cross State borders. In order to ensure a working system, then, the Federal government must regulate health insurance activity, even if that entails regulating inactivity (the choice to not purchase insurance).

From a broad, general perspective it would not be ontoward to say that "left" and "right" each have their own issues with "Obamacare". The "right" views it generally as an unwanted and unwarranted intrusion upon their lives and they are actively trying to get it repealed. The "left" views it generally as inadequate, since it still relies on an imperfect insurance industry as the backbone, but also as 'the best we can get right now' so are trying to defend it to prevent the country from reverting back to what they view as a worse system.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,197
126
It is funny, because this issue exposes liberals V "not republicans."

True liberals despise the fact that the goverment would force them to buy into the private insurance racket. The wanna-be libs however, would hate it much more if they had to agree with a "repuke" on an issue.

True liberals want to get the ball rolling on the reform. And it is rolling now. Simply sitting around without reform is no longer an option for even Republicans.
If this reform is repealed, the onus will be on the GOP to replace it, and their old idea of individual mandate will no longer be on the table. Liberals can simply sit back, take pot shots at Republican attempts, wait for them to fail, and when the people have enough, ride in on a white horse with universal single payer, which is the ultimate liberal goal.
 

HAL9000

Lifer
Oct 17, 2010
22,021
3
76
I agree that the goals of "Obamacare" are worthy. However, in order to accomplish those goals Congress set out to regulate the health insurance industry by mandating that all citizens purchase health insurance from a non-governmental insurance company, participate in a government-run "exchange", or face fines and/or jail.

Many people object to the fact that citizens are being forced by their government to purchase a product from (typically) a for-profit corporation in the form of a health insurance company. Many here view the health insurance companies as part of, or the root of, the US's health care problems. Given the ever-increasing premiums and more-frequent denials of coverage, being forced to become customers of theirs can be viewed as immoral.

Other people, like myself, object to the fact that this is a large leap for the Federal government to take. Regulation of the insurance industry has always been a State matter. Our Constitution was specifically designed to limit Federal powers only to those delineated in the Constitution. Over the course of the last couple hundred years many things that were State issues have been chipped away at through broad interpretations of vague wording. This appears to be the case here as well.

Compounding the issue is the fact that the specific clause and wording being invoked is of such importance that, given an affirmation of Congress' intent by the USSC, the Federal government would theoretically be given carte blanche to regulate citizens' lives in every conceivable way.

The clause at hand, commonly known as the Commerce Clause, allows the Federal government to regulate interstate commerce. This is important because, being sovereign States, no single State can forcibly impose its laws upon another (plus some other factors with interstate highways and Federal funding, etc). Should a dispute arise between a shipper in Montana and receiver in Louisiana there could be problems absent Federal regulation or some other form of mutual consent. In this case the Federal government is claiming that merely by being alive you will be a consumer of health services and that said consumption will *likely* cross State borders. In order to ensure a working system, then, the Federal government must regulate health insurance activity, even if that entails regulating inactivity (the choice to not purchase insurance).

From a broad, general perspective it would not be ontoward to say that "left" and "right" each have their own issues with "Obamacare". The "right" views it generally as an unwanted and unwarranted intrusion upon their lives and they are actively trying to get it repealed. The "left" views it generally as inadequate, since it still relies on an imperfect insurance industry as the backbone, but also as 'the best we can get right now' so are trying to defend it to prevent the country from reverting back to what they view as a worse system.

Ahh I see, thanks for the explanation, would it be better if it was a tax and you guys had national health care like us? I agree that forcing citizens to pay for private health insurance is insane, it's definitely not the way to do things, but would a welfare state like the UK not be a good idea?

I think I agree with "the left" in your examples, the insurance based system you guys have now seems horrible and needs reform, maybe to a government based health care system,
 
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umbrella39

Lifer
Jun 11, 2004
13,816
1,126
126
Either way, its still unconstitutional.

Theres nothing in the constitution that allows regulation of healthcare anyway, but thats a separate matter, and like people say in this thread, "that ship has sailed"

Imagine that! An old document like that that doesn't mention health care. Well there you have it then, case closed.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,197
126
Regulation of the insurance industry has always been a State matter.

Do you then also believe that Republican proposal to allow individuals to buy health insurance across state lines even if their state laws forbid it is unconstitutional too?
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Do you then also believe that Republican proposal to allow individuals to buy health insurance across state lines even if their state laws forbid it is unconstitutional too?

That would only be following the full intent and meaning of the commerce clause.
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
Imagine that! An old document like that that doesn't mention health care. Well there you have it then, case closed.

Yeah, because no one practiced medicine back then right?

Funny how the more the government gets involved the shittier things become, lets do it some more, lets see what happens.
 
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