Thursday, March 29, 2012

Re: What’s going to happen during 3 days of SCOTUS arguments on health care?

No its not. If I don't wanna drive, I don't have to buy car
insurance.

Please show me the same escape in OBambicare.
---
I concede it's not the same ... in that you will forced to buy health
insurance.

the only point I was making is that the state DOES require you to buy
auto insurance ... so they can require you buy health insurance ... if
this OC is ok's by the USSC

On Mar 29, 10:28 am, GregfromBoston <greg.vinc...@yahoo.com> wrote:
> No its not.  If I don't wanna drive, I don't have to buy car insurance.
>
> Please show me the same escape in OBambicare.
>
>
>
>
>
>
>
> On Thursday, March 29, 2012 9:51:03 AM UTC-4, plainolamerican wrote:
> > but it does force you to buy auto insurance if you do drive.
> > tom's point is valid
> > Some states will allow you to post a bond instead of buying insurance
>
> > On Mar 29, 7:45 am, GregfromBoston <greg.vinc...@yahoo.com> wrote:
> > > The STATE government cannot force you to buy car insurance if you do not
> > > intend to drive a car.
>
> > > The comparison falls down right there.
>
> > > On Tuesday, March 27, 2012 2:34:05 PM UTC-4, Tommy News wrote:
> > > > If the government can force you to buy car insurance, and it does, why
> > > > can't it ask you to buy health insurance?
>
> > > > On Mar 25, 1:56 pm, THE ANNOINTED ONE <markmka...@gmail.com> wrote:
> > > > >  "If the
> > > > > government can force you to buy health insurance, why can't it force
> > > > > you to buy broccoli?"
>
> > > > > This is the crux of the matter.....
>
> > > > > On Mar 25, 12:30 pm, Tommy News <tommysn...@gmail.com> wrote:
>
> >http://www.washingtonpost.com/opinions/when-the-supreme-court-debates...
>
> > > > > > What's going to happen during 3 days of arguments on health care?
> > > > > > By Jeffrey Rosen,  PROFESSOR OF LAW Published: March 23
>
> > > > > > Starting Monday, the Supreme Court has scheduled six hours of oral
> > > > > > arguments over three days to consider the constitutionality of
> > > > > > health-care reform, the most time given to a case in more than 45
> > > > > > years. We're certainly in for a historic event — but it might be
> > an
> > > > > > entertaining one, too.
>
> > > > > > Oral arguments are always theatrical: The lawyers stand only a few
> > > > > > feet from the justices, who loom above them on a curved bench, and
> > > > > > they are barraged with so many questions that they often have
> > trouble
> > > > > > completing a sentence. The hearings are also an opportunity for
> > the
> > > > > > traditionally secretive Supreme Court to cut loose. In fact, the
> > > > > > Roberts court is known as a "hot bench" — not a reference to the
> > > > > > unusual sexiness of the justices but to the fact that eight of the
> > > > > > nine are unusually chatty during oral arguments (Justice Clarence
> > > > > > Thomas hasn't uttered a word since 2006). Even though the justices
> > > > > > rarely change their minds during oral arguments if they already
> > have
> > > > > > strong views about a case, the hearings can clarify their
> > thinking,
> > > > > > offer some lively give and take, and occasionally lead to humor.
>
> > > > > > So, will the oral arguments over health-care reform produce some
> > > > > > laughs? Here's a preview of what might transpire when the commerce
> > > > > > clause becomes a punch line.
>
> > > > > > Justice Antonin Scalia
>
> > > > > > According to a 2010 study in the Communication Law Review, Scalia
> > is
> > > > > > the funniest member of the court, based on how many laughs the
> > various
> > > > > > justices have elicited in the courtroom. But his wit sometimes has
> > a
> > > > > > sharp edge. In 1988, when a lawyer fumbled for the answer to a
> > > > > > question, Scalia exclaimed, "When you find it, say 'Bingo!' "
>
> > > > > > Expect some zingers from Scalia in the health-care argument,
> > perhaps
> > > > > > focused on the not-so-side-splitting subject of whether Congress
> > has
> > > > > > the authority to require people to buy health insurance as part of
> > its
> > > > > > power to regulate interstate commerce. Imagine, for example, the
> > > > > > following exchange:
>
> > > > > > Solicitor General Donald Verrilli: "In 2005, Justice Scalia, you
> > held
> > > > > > that Congress has the power to prevent California from authorizing
> > > > > > people to grow marijuana for their own use. Surely, the decision
> > not
> > > > > > to buy health insurance has a far greater impact on the economy."
>
> > > > > > Justice Scalia: "Depends on what part of California you're from."
>
> > > > > > Justice Stephen Breyer
>
> > > > > > Breyer's jokes often follow a long question identifying the
> > hardest
> > > > > > issue in the case. He cares about legislative history and may
> > focus on
> > > > > > a striking irony in the health-care law briefs: During the debate
> > over
> > > > > > the legislation in Congress, Republicans insisted that the mandate
> > to
> > > > > > buy health insurance should be considered a tax, and Democrats
> > > > > > countered that it shouldn't. The moment President Obama signed the
> > > > > > bill, though, both sides rushed to court to claim the opposite:
> > > > > > Democrats now insist that the mandate is absolutely a tax (and
> > > > > > therefore authorized by the taxing clause of the Constitution),
> > and
> > > > > > Republicans are equally confident that it's not.
>
> > > > > > This debate is also relevant to whether the court has the power to
> > > > > > hear the case in the first place. If the mandate is a tax,
> > according
> > > > > > to a 1867 law, litigants may have to wait until it goes into
> > effect in
> > > > > > 2014 to challenge it. If Breyer can get a laugh out of the "is it
> > a
> > > > > > tax?" debate, he deserves to be promoted to funniest justice.
>
> > > > > > Chief Justice John Roberts
>
> > > > > > All eyes will be on Roberts to see whether he is inclined to
> > interpret
> > > > > > the commerce clause of the Constitution as narrowly as he did in
> > an
> > > > > > opinion that gave rise to one of his most memorable one-liners as
> > an
> > > > > > appellate judge. In 2003, Roberts dissented from a ruling holding
> > that
> > > > > > the federal government could use the Endangered Species Act to
> > prevent
> > > > > > development on the habitat of the arroyo toad. He said the federal
> > law
> > > > > > couldn't be applied to "a hapless toad that, for reasons of its
> > own,
> > > > > > lives its entire life in California." Verrilli will try to
> > convince
> > > > > > Roberts that the interstate economic effects of thousands of
> > uninsured
> > > > > > sick people are far greater than those of the hapless toad, all
> > the
> > > > > > while avoiding the word "toad."
>
> > > > > > As the crucial swing vote, Kennedy is most frequently flattered in
> > > > > > Supreme Court briefs. Some libertarians hope that he will strike
> > down
> > > > > > the health-care mandate by invoking the same right to privacy that
> > he
> > > > > > recognized when he reaffirmed Roe v. Wade in 1992. "At the heart
> > of
> > > > > > liberty is the right to define one's own concept of existence, of
> > > > > > meaning, of the universe, and of the mystery of human life,"
> > Kennedy
> > > > > > wrote; Scalia later ridiculed this as the "sweet mystery of life"
> > > > > > passage. For Scalia and the other conservatives, Roe v. Wade is
> > the
> > > > > > root of all constitutional evil. So if Paul Clement — who will
> > argue
> > > > > > before the court for the health-care law's challengers — wants to
> > > > > > appeal to Kennedy without alienating the other conservatives, he
> > may
> > > > > > try to murmur "sweet mystery" so quietly that only Kennedy can
> > hear
> > > > > > it.
>
> > > > > > Justices Elena Kagan
> > > > > > and Sonia Sotomayor
> > > > > > These justices weren't yet on the court during the period covered
> > by
> > > > > > the 2010 laughter study, but Kagan may have her eye on Scalia's
> > > > > > "funniest justice" title. She delivered the best one-liner of the
> > > > > > current Supreme Court term. Noting that the Federal Communications
> > > > > > Commission had interpreted its TV indecency policy to allow the
> > > > > > cursing in "Saving Private Ryan" and the nudity in "Schindler's
> > List,"
> > > > > > she said: "It's like nobody can use dirty words or nudity except
> > for
> > > > > > Steven Spielberg."
>
> > > > > > It will be hard to top the "Spielberg exception," but perhaps
> > Kagan
> > > > > > can make something of the "Romney exception" — namely, the fact
> > that
> > > > > > the same arguments about the economic effects of self-insurance
> > that
> > > > > > Mitt Romney used to justify health-care reform in Massachusetts
> > are
> > > > > > the ones that lawyers challenging the Affordable Care Act are
> > > > > > rejecting before the Supreme Court.
>
> > > > > > Sotomayor has made her mark in oral arguments and in recent
> > separate
> > > > > > opinions by wondering aloud whether long-established Supreme Court
> > > > > > doctrines should be reexamined. During arguments in the Citizens
> > > > > > United case in 2009, she suggested looking again at the idea that
> > > > > > corporations are people. "There could be an argument made that
> > that
> > > > > > was the court's error to start with," she said. In the health-care
> > > > > > argument, perhaps Sotomayor will press the government to explain
> > why,
> > > > > > if corporations are people, they can't be forced to buy health
> > > > > > insurance, too.
>
> > > > > > Justices Ruth Bader
> > > > > > Ginsburg and Samuel Alito
>
> > > > > > Though not prone to punch lines, both are respected by lawyers for
> > > > > > asking the most technically difficult questions about a case.
> > > > > > Ginsburg, who once taught civil procedure, may be especially
> > > > > > interested in the complicated question of whether, if the court
> > > > > > strikes down the individual mandate, it should grant the
> > government's
> > > > > > request to wait for future cases to decide whether other
> > provisions
> > > > > > should be struck down as well.
>
> > > > > > Alito may be interested in the
>
> ...
>
> read more »

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