Mollie Hemingway, Ed. · June 28, 2012 at 3:45pm

I thought about posting on a few other things this morning (this story on Mexican medical tourism in the New York Times fails to mention the costs of regulation or liability insurance when evaluating why costs are cheaper) but I can't think about anything other than the Supreme Court.

So as we prepare for a deluge of postings* analyzing the ruling, let this be our open thread for all things Obamacare.

*And contributor livechats. Ben Domenech's live thread. Avik Roy & NRO friends live chat.

Comments:


Pseudodionysius
Joined
Sep '10
Pseudodionysius

Breaking News: No bath salts or other exotics in South Beach Cannibal, just cannabis. 

Prediction: Look forward to legalization of marijuana in November.

The King Prawn
Joined
Dec '10
The King Prawn

It's still a direct tax, so I see it being challenged on that grounds as soon as it is levied on anyone.

Midget Faded Rattlesnake
Joined
Aug '10
Midget Faded Rattlesnake
Gus Marvinson: It survives as a tax? That's insane.

But totally predictable. How often does the Supreme Court limit the power to tax, after all?

It's my understanding that the Supreme court has even held that taxes are even exempt from the prohibition against ex-post-facto laws.

If the Supreme Court already believes imposing retroactive taxes is Constitutional, then what taxing power would the Supreme court ever consider unconstitutional?

Gus Marvinson
Joined
Mar '11
Gus Marvinson

Midget Faded Rattlesnake

Gus Marvinson: It survives as a tax? That's insane.

But totally predictable. How often does the Supreme Court limit the power to tax, after all?

It's my understanding that the Supreme court has even held that taxes are even exempt from the prohibition against ex-post-facto laws.

If the Supreme Court already believes imposing retroactive taxes is Constitutional, then what taxing power would the Supreme court ever consider unconstitutional? · 3 minutes ago

Oh, you are quite right. I don't like it, but you are right.

The King Prawn
Joined
Dec '10
The King Prawn

So, we're being taxed on non-activity now. How on God's green earth is that different than having non-activity regulated as commerce?

Leigh
Joined
Nov '11
Leigh

So Kennedy wanted to strike the whole thing down (reading dissent).  If Roberts had gone with him, the whole thing would've been toast.  That makes me feel sick.

On the other hand, Romney is now running against a huge and already-unpopular tax increase.  That kind of debate tends not to go well for Democrats.  The way the Supreme Court framed the issue has probably made the political repeal process easier.


Joined
Apr '11
Raxxalan

Once again a bush gives us a judas. So congress can compel whatever it wants from us the newly minted serfs. It just has to rely on the court converting its language into the correct ceremonial words for the legal religion. I am going to go throw up now.


Joined
May '10
Matthew Bartle

Isn't that how Social Security survived?

Described and sold as insurance, but justified to the courts as a tax?

At lease the Commerce Clause argument was rejected, which is something anyway.

Mark Belling Fan
Joined
Sep '10
Mark Belling Fan

And the trend of Republican presidents batting .500 on SC nominees continues. Good thing we got Roberts in there while he was still young..

The King Prawn
Joined
Dec '10
The King Prawn

Matthew Bartle: Isn't that how Social Security survived?

Described and sold as insurance, but justified to the courts as a tax?

At lease the Commerce Clause argument was rejected, which is something anyway. · 0 minutes ago

Exactly.

Jordan Wiegand
Joined
Feb '12
Jordan Wiegand

If the mandate were argued and sold as a tax it would have been constitutional.  The taxing power is very broad.

What seems to have happened is that the mandate, which was sold as definitely not a tax, wound up being saved on the grounds that it is a tax.  It seems as if the court just imagined the government argued their case the way it should have been argued in the first place, and gave them a huge, sloppy, benefit of the doubt.

It seems this problem will have to be solved with an election.

Leigh
Joined
Nov '11
Leigh

Jordan Wiegand: If the mandate were argued and sold as a tax it would have been constitutional.  The taxing power is very broad.

What seems to have happened is that the mandate, which was sold as definitely not a tax, wound up being saved on the grounds that it is a tax.  It seems as if the court just imagined the government argued their case the way it should have been argued in the first place, and gave them a huge, sloppy, benefit of the doubt.

It seems this problem will have to be solved with an election. · 0 minutes ago

In other words, the Supreme Court just ruled that the President lied.

The King Prawn
Joined
Dec '10
The King Prawn

Someone please again explain to me how Romney is the right guy to fix this?

The King Prawn
Joined
Dec '10
The King Prawn

The opinion [pdf].

Whiskey Sam
Joined
Jul '10
Whiskey Sam

I am not sanguine about the chances of this ever getting repealed.  Have we ever repealed anything from the Progressive experiment?  It's looking more like another Revolution will be required to restore the Republic.

Richard Stewart
Joined
May '10
Richard Stewart

This problem will have to be solved with an election, and even then, it will be a gargantuan struggle, even if the composition of the Senate is changed and Romney makes it into the White House...

We must be ready to fight until victory is won or life is lost.  And if PPACA prevails, then the death toll will be high, due to rationing, collectivist centralization, and increases in abortion and euthanasia.  This is very dark.

Jim Flenniken
Joined
Mar '12
Jim Flenniken

i think the tea party just got new life. the recourse now is simple: repeal the law. which means that we need to get the white house, the senate, and the house. but more importanly, we, as conservatives, need to offer an alternative. the base starting point could/should be the ryan plan that offers premium support for the needy but pushes the notion of cost control into the free market. that's going to be a big sale.

James Gawron
Joined
Dec '10
James Gawron

Pseudodionysius

EJHill: I told you Roberts was Earl Warren! · 1 minute ago

Perhaps he is part Cherokee like Elizabeth. · 4 minutes ago

Roberts.....................

Aristocracy

Timocracy

Oligarcy

Democracy

Tyranny

IDIOCRACY!!!

"I'm too old to cry but it hurts too much to laugh."

- A. Lincoln (upon losing his first run for congress)


Joined
May '10
Matthew Bartle
Jim Flenniken: i think the tea party just got new life. the recourse now is simple: repeal the law. 

Right - that's a question every candidate must answer: will you vote to overturn the ACA?

Fortunately, it's still unpopular, but that might shift a little now that it has court approval. We have to hammer the point that the "not a tax" claim was a lie.

The King Prawn
Joined
Dec '10
The King Prawn

Well, if Roberts wanted to be remembered in history books he now will.


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