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Monday Overnight Open Thread - January 20, 2025 [Doof]
Invasion of the Apple Snatchers Cafe At Last Night's Rally, Trump Was Joined on the Stage By His Strongest Totally-Not-Gay Supporters Quick Hits Surprise: Defender of Normzzz and Protector of the Criminal FBI Pardons Terrorist Who Murdered Two FBI Agents Quick Update on "Team DeLulu" Cope Border Patrol Trucks Are En Route to the Southern Border Elections Have Consequences: The TSA Official Who Put Tulsi Gabbard on the Terrorist Watch List Has Been Fired The Inaugural Ceremonies, Continued "A Revolution of Common Sense:" Trump's Inaugural Address "For Americans, January 20, 2025 is Liberation Day." Absent Friends
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December 17, 2018
Obamacare Going Back to Supreme Court, Now That Lower Court Has Ruled It UnconstititionalEighteen Republican states attorneys general and two Republican governors sued to strike down Obamacare, arguing that the original bullshit ruling upholding it did so by claiming that the tax power was broad, and that the individual mandate could be construed, sort of, as a tax, and ergo, Obamacare was a tax bill and was presumptively constitutional. But since then, Congress passed, and President Trump signed, a law eliminating the tax that enforced the individual mandate -- the individual mandate still existed, in theory, but there was no penalty for ignoring it. Thereby making Obamacare no longer a tax bill, and thereby stealing away Chief Justice Roberts' entire (phony) rationale for claiming an unconstitutional bill was unconstitutional. A Texas federal judge agreed with this argument and voided Obamacare as unconstitutional. "In some ways, the question before the Court involves the intent of both the 2010 and 2017 Congresses," O'Connor wrote in his 55-page decision. "The former enacted the ACA. The latter sawed off the last leg it stood on." Resolution of these claims rests at the intersection of the ACA, the Supreme Court's decision in NFIB, and the TCJA. In NFIB, the Supreme Court held the Individual Mandate was unconstitutional under the Interstate Commerce Clause but could fairly be read as an exercise of Congress's Tax Power because it triggered a tax. The TCJA eliminated that tax. The Supreme Court's reasoning in NFIB--buttressed by other binding precedent and plain text --thus compels the conclusion that the Individual Mandate may no longer be upheld under the Tax Power. And because the Individual Mandate continues to mandate the purchase of health insurance, it remains unsustainable under the Interstate Commerce Clause--as the Supreme Court already held. So, the Individual Mandate was "essential" to Obamacare and, being essential to it, the entire Obamacare law falls if this essential, non-severable part of it is struck down. As Roberts (and the rest of the Court) already ruled that there was no part of the Constitution (including the Interstate Commerce Clause) giving Congress such a huge power to simply order people to buy insurance, except for the power of taxation, the idea that the Individual Mandate was a kind of tax was the only justification for this mandate. Now that that's gone, there is no justification for Congress ordering Americans to make purchases, and that section of Obamacare is voided as unconstitutional, and because that part of Obamacare was "essential" to its function in total, the whole law falls. That ruling, though, did not come with an injunction ordering the federal government and states to stop administering Obamacare. Only leftwing judges, usually from Hawaii, order the rest of the country to obey their decisions without further review. The ruling is on the books, but will not be enforced until the Supreme Court agrees with it. The problem, of course, is Roberts. Roberts invented a farcical excuse to rule the unconstitutional law constitutional -- changing his vote from one to strike down the unconstitutional law to one to preserve it after he got pressure from the Democrat media -- and if he was willing to engage in fantasy rule-making once to save Obamacare there's not much to discourage him from doing so again. Sure, he already ruled that no other power but the taxation power could uphold Obamacare, but wait for the Democrat media campaign to start working on this pussy. The Affordable Care Act -- and the multitude of regulations, taxes and benefits that come with it -- once again could be on the road to the Supreme Court after a Texas judge ruled the law unconstitutional. Chuck Schumer promised to fight the court's ruling "tooth and nail," and will fight for a bill already pushed by super-conservative Joe Machin (thanks, West Virginia!) to permit Democrats in Congress to intervene in the lawsuit as interested third-parties. Democratic Sen. Joe Manchin III introduced a resolution back in July that would authorize the legal counsel of the Senate to take part in the legal proceedings against Texas and the other states involved, including Manchin's home state of West Virginia. All that bill would do is allow Senate Democrats to file their own brief in the case and that kind of thing. | Recent Comments
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Monday Overnight Open Thread - January 20, 2025 [Doof]
Invasion of the Apple Snatchers Cafe At Last Night's Rally, Trump Was Joined on the Stage By His Strongest Totally-Not-Gay Supporters Quick Hits Surprise: Defender of Normzzz and Protector of the Criminal FBI Pardons Terrorist Who Murdered Two FBI Agents Quick Update on "Team DeLulu" Cope Border Patrol Trucks Are En Route to the Southern Border Elections Have Consequences: The TSA Official Who Put Tulsi Gabbard on the Terrorist Watch List Has Been Fired The Inaugural Ceremonies, Continued "A Revolution of Common Sense:" Trump's Inaugural Address "For Americans, January 20, 2025 is Liberation Day." Search
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