tag:blogger.com,1999:blog-2506514005426983269.post1906756336704555514..comments2023-10-28T08:02:44.565-05:00Comments on illusory tenant: SCOTUS: Obamacare on the docketillusory tenanthttp://www.blogger.com/profile/08524761974822871419noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-2506514005426983269.post-51070596531077413772011-08-06T09:45:59.529-05:002011-08-06T09:45:59.529-05:00No problem. I think the blame at this point lies w...No problem. I think the blame at this point lies with Congress and more recently with Obama's attorneys for letting the question narrow to specifically whether the Commerce Clause allows for the insurance mandate. It seems they lost the argument long ago as to whether the mandate is a form of tax, although the Supreme Court may revive it. And you raise some very interesting points.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-38970394703155526572011-08-06T09:10:30.477-05:002011-08-06T09:10:30.477-05:00Sorry for snapping, IT, my beef is with the US Sup...Sorry for snapping, IT, my beef is with the US Supreme Court, not you. Bush V. Gore showed they are partisan hacks who will go to any length to implement their policies, Constitution be damned. And can anyone doubt that Roberts and Alito would have signed on in 2000?<br /><br />I wonder if Justice Marshall realized how dangerous judicial supremacy can be - and that is what it is when lifetime appointees accountable to no one overrule the President and national legislature with no sense of restraint.<br /><br />Roger B. Taney would have liked to invalidate Lincoln's raising troops to defend the Union in 1861 and no doubt would have had Abe not made it clear he would pay no attention. The Supreme Court in the 1930s was invalidating the New Deal wholesale and many observers thought the Social Security Act and the National Labor Relations Act were next. Only FDR's threat to "pack the Court", an entirely constitutional measure, backed them down.<br /><br />We are at such a moment today.Mikenoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-77321186132745065392011-08-05T18:44:23.930-05:002011-08-05T18:44:23.930-05:00It should have read 2 - 2.5 x'sIt should have read 2 - 2.5 x'sAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-14800011552852695332011-08-05T17:18:52.747-05:002011-08-05T17:18:52.747-05:00Well your mileage may vary of course but it's ...Well your mileage may vary of course but it's pretty significant, whether the Commerce Clause empowers Congress to compel the purchase of private corporations' products.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-78832306417133067852011-08-05T17:16:00.484-05:002011-08-05T17:16:00.484-05:00Marbury v. Madison, Dred Scot, the decisions valid...Marbury v. Madison, Dred Scot, the decisions validating Social Security and the NLRA -- all nothing compared to this.Mikenoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-21013463924785643102011-08-05T15:20:05.171-05:002011-08-05T15:20:05.171-05:00I don't even know who you are.I don't even know who you are.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-50721366398425758992011-08-05T15:18:46.245-05:002011-08-05T15:18:46.245-05:00I think that people generally want national health...I think that people generally want national healthcare but they want it simplified and privatized through 3rd party administrators that can help control costs (Unions, AARP, Costco, Sams, who knows who could be authorized) possibly in exchange for increasing everyones incomes (2-2.5%)that would help increase tax revenues as well, is how I understand it. <br /><br />Hope I'm not wrong because the plan impresses me that it could turn everything around for the good. Thought you knew.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-62760135841545459022011-08-05T13:22:05.851-05:002011-08-05T13:22:05.851-05:00Seems to me Obama's position is pretty much no...Seems to me Obama's position is pretty much non-retractable at this point, along with those of his backers, like Laurence Tribe, who advocate for the permissive view of the Commerce Clause. But I think the permissive buck is going to stop with this one.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-27336800310834109122011-08-05T10:48:42.152-05:002011-08-05T10:48:42.152-05:00Pres Obama and the Democrat Senate appear to have ...Pres Obama and the Democrat Senate appear to have a very important decision to make.Anonymousnoreply@blogger.com