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Gulp: Do Today's Developments Hint At Obamacare Being Upheld?

ResistWeMuch Wrote: Jun 25, 2012 3:43 PM
of government or undertakings authorised by it; and, (4) under the police or taxing power of the state. The individual mandate is NOT a tax. The Obama administration CANNOT make the argument that the FDR administration relied upon (Taxing and Spending powers) when it argued for the constitutionality of Social Security. In Helvering v. Davis, 301 U.S. 619 (1937), the Court said that Congress had the authority to tax income to provide for Social Security BECAUSE IT WAS A TAX PAID TO THE GOVERNMENT. Blue Cross/Blue Shield is not an arm of the Federal government; thus, paying premiums to it CANNOT be viewed as a form of taxation. Obamacare: Do Not Resuscitate http://predicthistunpredictpast.blogspot.com/2010/12/obamacare-do-not-resuscitate
Liz772 Wrote: Jun 25, 2012 4:32 PM
True RWM, which is the reason republicans tried to come up with an alternative in the individual mandate to begin with. It was an attempt to halt the idea of single payer system. And, it's scary to think that this is what COULD happen in the future.
ResistWeMuch Wrote: Jun 25, 2012 3:44 PM
Ironically, a single-payer system would be constitutional under Helvering because Congress would claim authority under the Taxing and Spending Clause.

I figured I'd expand an update from my previous post into a more developed discussion about the tidal wave of insufferable speculation we are about to endure over the next 70 hours or so.  As I wrote, the hotly-anticipated Obamacare ruling will be handed down on Thursday morning.  Based on the pattern and seniority of the justices who have authored majority opinions so far this term, many long-time Court watchers are nearly certain  that Chief Justice John Roberts will exercise his prerogative to write the healthcare landmark decision.  (Point of clarification: the Chief Justice is automatically considered the "most...

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