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Thu Mar 29, 2012, 05:50 PM

Who in the Administration came up with the bright idea to sent healthcare to the Courts in 2012

Last edited Thu Mar 29, 2012, 05:52 PM USA/ET - Edit history (3)

Right smack in the election year.If the black robes knock it down as Unconstitutional it will be the biggest blunder ever in an election year

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Reply Who in the Administration came up with the bright idea to sent healthcare to the Courts in 2012 (Original post)
bigdarryl Mar 2012 OP
rfranklin Mar 2012 #1
bigdarryl Mar 2012 #2
awoke_in_2003 Mar 2012 #7
jeff47 Mar 2012 #3
former9thward Mar 2012 #14
lastlib Mar 2012 #4
former9thward Mar 2012 #15
movonne Mar 2012 #5
awoke_in_2003 Mar 2012 #8
Control-Z Mar 2012 #6
Bobcat Mar 2012 #9
bigdarryl Mar 2012 #10
longship Mar 2012 #11
Alexander Mar 2012 #12
onenote Apr 2012 #19
KharmaTrain Mar 2012 #13
Arkana Mar 2012 #16
Hippo_Tron Mar 2012 #17
fightforfreedom123 Apr 2012 #18
Liberal_Stalwart71 Apr 2012 #20

Response to bigdarryl (Original post)

Thu Mar 29, 2012, 06:00 PM

1. Are you sure it was the administrations idea?

 

I had the impression that it was the Republican governors who forced the issue.

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Response to rfranklin (Reply #1)

Thu Mar 29, 2012, 06:04 PM

2. They just said it on Tweety's show saying they could have waited until 2013

Last edited Thu Mar 29, 2012, 06:05 PM USA/ET - Edit history (1)

and it was there idea to send it up to the Supreme Court in 2012 I wasn't aware of this myself

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Response to bigdarryl (Reply #2)

Thu Mar 29, 2012, 07:09 PM

7. I will take the republicans govs at their word....

NOT

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 06:06 PM

3. The White House doesn't set the calendar for the judicial branch. (nt)

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Response to jeff47 (Reply #3)

Fri Mar 30, 2012, 02:45 AM

14. They wanted it fast tracked.

There are all sorts of procedural moves the Dept of Justice can use to speed or slow down an appeal. http://minnesota.publicradio.org/display/web/2011/09/29/obama-health-care-supreme-court/

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 06:27 PM

4. Several states sued the Administration.

It was not the Admin's idea to take to court.

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 06:29 PM

5. In my dreams I think maybe this is one of Obama's chest games...you

know ......When the SC knocks it down.. people of this country find out the horror of not having any health care they will demand health coverage for all..yeah right...

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Response to movonne (Reply #5)

Thu Mar 29, 2012, 07:10 PM

8. puff, puff, pass. nt

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 07:16 PM

9. Blunder?

Not necessarily a blunder. Read Frank Rich's NYT blog today...

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Response to Bobcat (Reply #9)

Thu Mar 29, 2012, 07:27 PM

10. Nice article this verifies it was there idea to fast track this thing

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 07:29 PM

11. Separation of powers, ya know that Constitution thingy

No other comment necessary.

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 07:37 PM

12. The administration's lawyers should've argued that the fine is a tax, delaying a ruling until 2015.

In fact, that used to be the administration's position.

Instead, they changed their minds and argued the fine is not a tax, and the case can be decided in 2012. It also led to some legal contortions. As Alito pointed out, the Solicitor General argued on one day that the fine is a tax, only to come back and argue the next day that it isn't a tax.

Just say it's a tax, kick the can down the road until 2015 (when the first fines will be paid) and be done with it. That should've been the legal strategy.

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Response to Alexander (Reply #12)

Sun Apr 1, 2012, 03:39 PM

19. Arguing it is a tax wouldn't necessarily have prevented the case from being heard

Yes, the administration could have made that argument. But that doesn't mean the courts would have bought it. Indeed, there is no reason to think that they would. Even Ginsburg seemed unimpressed with that argument. Were there things that the administration could have done to slow the case's progress through the courts? Probably so. But arguing that the individual mandate was a tax was not, in and of itself, one of those things.

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Response to bigdarryl (Original post)

Thu Mar 29, 2012, 09:13 PM

13. It Was State AGs That Took It To Court...

The original plaintiff was Florida that originally took the case to a lower court which got passed up to the SCOTUS and they agreed to hear the case. The administration had zero to do with this. I'm sure they would have prefered the court had passed on it.

Tweety was refering to trying to pass Health care in a second term vs. a first one...where the 2013 line came in...assuming that the Democrats had retained control of both houses. Typical Tweety psychobabble...

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Response to bigdarryl (Original post)

Fri Mar 30, 2012, 08:20 AM

16. Um, why would it be the administration's idea?

They didn't file the court case.

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Response to bigdarryl (Original post)

Sat Mar 31, 2012, 01:54 PM

17. Becuase if Obama loses, it would inevitably be struck down with Romney's DOJ defending it?

And because Obama's re-election is going to have far more to do with where the economy is than what the Supreme Court decides on this case.

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Response to bigdarryl (Original post)

Sun Apr 1, 2012, 12:37 PM

18. It already has been pointed out

 

The Federal Supreme Court cannot.

The Federal Congress can.

Nice try.

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Response to bigdarryl (Original post)

Sun Apr 1, 2012, 04:55 PM

20. I know that you're the "Gloom and Doom" DUer who often points the finger at the Obama

administration, but in this instance, you're off the mark.

26 states are suing the government over the ACA. The SCOTUS agreed to hear their case.

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