Supreme Court to begin health reform arguments

[Fandango]

You'll see this upheld as well as a major assault on firearms before his term ends in 2016.

The paranoia that the right has in regard to gun rights is absolutely mind blowing. It is not centered in reality whatsoever. But reality has never been a barrier to that group.

[GreenKelly]

Can you imagine the cluster**** in Congress if they struck the mandate down? Congress would have to immediately pass significant changes to health care law...........yeah, that'll be easy.

Which means you can't get passed now... not with a GOP House. :)

[GreenKelly]

I never said there was one, but if governmental mandates to buy a producet are illegal for this, then they have to be illegal for everything in my mind.

Car insurance is a State mandate.

[Fandango]

Car insurance is a State mandate.

Try to keep up GK, everyone knows that already . We are talking about the concept of governmental mandates in totality right now, and I only hope that if this mandate is struck down that all governmental mandates are struck down.

[GreenKelly]

Apparently the ABA did a survey of a bunch of lawyers on whether they thought the SCOTUS would overturn ACA. 85% of the respondents believe the court will uphold the case.

http://www.tnr.com/blog/jonathan-coh...a-survey-lopez

Now there's a shocker.

[Superbelt]

Any answers for emtala? That's an unfunded federal mandate that costs hospitals, insurance, employers, and employees a massive amount of money.

[Fandango]

FTR I wouldn't be surprised one bit if the individual mandate portion of the ACA was overturned, the court has gone hard right (based upon politics) for years, and this would just be a continuation of that trend.

[Vin Lombardi]

Any answers for emtala? That's an unfunded federal mandate that costs hospitals, insurance, employers, and employees a massive amount of money.

There are 5 choices that I can think of off the top of my head:

1) Keep it and everyone shrugs their shoulders like the last 30 years.
2) Let the hospitals writeoff all costs associated with the mandate
3) Re-pass some version of Obamacare with a taxation scheme instead of a mandate/fine
and the two unlikely ones:
4) Repeal the mandate and turn away people
5) Pass some sort of Hillarycare

[Vin Lombardi]

Can you imagine the cluster**** in Congress if they struck the mandate down? Congress would have to immediately pass significant changes to health care law...........yeah, that'll be easy.

Or more appropriately, both sides come up with their solution and the voters decide in November.

[Fandango]

It would be best if we could just go single payer, that is why my support for the ACA has always been conditional at best.

[lechrus2]

FTR I wouldn't be surprised one bit if the individual mandate portion of the ACA was overturned, the court has gone hard right (based upon politics) for years, and this would just be a continuation of that trend.

Actually, the SC should decide whether the law is constitutional. Constitutionality knows no right or left.

[Art Vandelay]

Try to keep up GK, everyone knows that already . We are talking about the concept of governmental mandates in totality right now, and I only hope that if this mandate is struck down that all governmental mandates are struck down.

A few differences. If you choose not to drive, you don't have to buy car insurance. Just by living in the US, you must buy health insurance. If you don't buy car insurance and still drive, it's a penalty administered by the courts, not a tax administered by the IRS.

I predict the mandate get struck. The Commerce Clause has never been used to force citizens to purchase a product when they otherwise might choose not to. The same system under the Tax and Spend Clause would almost certainly be Constitutional. I don't think SCOTUS will be too keen on a vast expansion of the Commerce Clause simply because it's politically untenable to call a "tax" a "tax."

[thelittlecheese]

They might think better of it and still punt the issue until 2014, when the mandate actually takes effect.

It should be a losing battle though, as both Scalia and Roberts have voted / been on record as supporting this type of commerce clause use.

Wickard & Raich decisions. We'll see if they are consistent in their past.

I think the govt should force you to buy sterilization so you don't breed. And throw on top of that anything else they want you to buy, like a GM car, because, you know, they 'said so'. Just a few steps away from Hugo Chavez/state sponsored everything.

[Superbelt]

I am sterilized. Thanks though. Two kids was enough for me.

[thelittlecheese]

I am sterilized. Thanks though. Two kids was enough for me.

There's two more of you??? OMG! The world is DOOMED! :P