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Reply #: They may do it out of partisan politics, but, as I said, courts usually [View All]

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-30-12 10:07 AM
Original message
They may do it out of partisan politics, but, as I said, courts usually
Edited on Fri Mar-30-12 10:09 AM by No Elephants
do not take it upon themselves to decide if Congress would have passed a complex bill exactly as Congress enacted it if Congress knew the mandate would be knocked out. Ordinarily, a non-activist court would decline to substitute its judgment for that of Congress.

So, even if the SCOTUS does act for the wrong reasons, it has plenty of legit precedent to hide behind for cover.

I agree with you, though, if the mandate gets knocked out and nothing else, I'd be okay with that. But only because I am not hopeful about single payor. If I thought there was a chance single payor would pass, I'd be for invalidating the whole bill, while striving somehow to protect people with pre=existing conditions during the transition.

The court is really between a rock and a hard place on this one.
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