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Prism

(5,815 posts)
13. Democrats and Republicans won big today
Thu Jun 28, 2012, 02:42 PM
Jun 2012

The ACA was upheld - Democratic win

The Commerce Clause just got crucified - Republican win.

When the headlines settle and the implications of the precedent set in, I don't think people are going to be as thrilled as they are now.

I honestly think Chief Justice Roberts just outmaneuvered the hell out of everyone. He just curtailed a lot of federal power, and no one seems to realize it. Then again, I don't expect the media or most partisans to be the most perceptive of people.

This was a legal revolution on his part. I'm shocked so few are paying attention to it.

yep. nt Whisp Jun 2012 #1
Yes. Obama always said this is a starting point. nt wiggs Jun 2012 #2
And now, it really is a starting point Taverner Jun 2012 #6
Remember: It's the PATIENT PROTECTION and Affordable Care Act. patrice Jun 2012 #3
But doesn't the law specifically forbid enforcement? aquart Jun 2012 #4
It prohibits CERTAIN methods of enforcement. But if it is a tax, then IRS has enforcement authority nanabugg Jun 2012 #22
The argument that judicial nullification would have paved the way for single payer was laughable bluestateguy Jun 2012 #5
I am mostly in agreement with your analysis, but have a slight twist to offer slackmaster Jun 2012 #7
I doubt it quinnox Jun 2012 #8
The way things are set up now, that could very much become a reality Taverner Jun 2012 #10
huh? this changes nothing. but you are right to be for it. Schema Thing Jun 2012 #9
As a mandate, like car insurance, the government only needed proof that you had health insurance Taverner Jun 2012 #11
The mandate didn't become a tax. It is being compared to a tax, but it isn't a tax. Lionessa Jun 2012 #12
The mandate became a tax based on the USSC ruling Harmony Blue Jun 2012 #14
No it did not. You are mistaken. It was compared to a tax to justify it, but it isn't being Lionessa Jun 2012 #16
It is a tax Harmony Blue Jun 2012 #19
You just don't get it, even if those who don't have insurance pay the tax, they don't get healthcare Lionessa Jun 2012 #24
Nowadays, so much is privatized especially in the military and now with charter JDPriestly Jun 2012 #54
Democrats and Republicans won big today Prism Jun 2012 #13
The Commerce Clause was too ambigous Harmony Blue Jun 2012 #15
This has to do with the Medicaid expansion Prism Jun 2012 #21
I am completely failing to see why "they will ensure all Americans are covered" phantom power Jun 2012 #17
who is paying the tax? how does that work, exactly? HiPointDem Jun 2012 #18
If you have insurance already you do NOT pay a tax Harmony Blue Jun 2012 #20
i see. and where are large corporations taxed? or is it all on the backs of individuals? HiPointDem Jun 2012 #23
They too have to choose Harmony Blue Jun 2012 #25
so corporations *have to* buy plans for their employees? or they can just give them a voucher HiPointDem Jun 2012 #27
Here Son of Gob Jun 2012 #56
thanks for the link. i forsee a lot of corps dropping their health care policies. Seems like HiPointDem Jun 2012 #59
This is not correct, the tax doesn't get you a health insurance plan, it just doesn't, it's a Lionessa Jun 2012 #26
so you pay the tax but still get no insurance? so how about people with no income (e.g. homeless) HiPointDem Jun 2012 #28
Same as those that don't have insurance and pay the tax, ER only. Lionessa Jun 2012 #29
so basically the very poor would be in the same place they are today? HiPointDem Jun 2012 #32
No they quality for the exemption and will be part of Medicaid Harmony Blue Jun 2012 #33
i just read that some states were saying they wouldn't expand medicaid, & it seems the SC said HiPointDem Jun 2012 #36
While that may be true Harmony Blue Jun 2012 #40
um, when does the requirement to buy insurance come into effect? HiPointDem Jun 2012 #45
I believe it is 2014 Harmony Blue Jun 2012 #47
As well as many working poor who still won't be able to afford insurance, but will be penalized by a Lionessa Jun 2012 #35
The tax is not a flat tax across the board Harmony Blue Jun 2012 #41
define "middle class" HiPointDem Jun 2012 #46
U.S. definition or U.N. definition? Harmony Blue Jun 2012 #48
give me an income figure. "well above the poverty level" tells me nothing, and in fact, i don't HiPointDem Jun 2012 #51
yeah, this is the part i'm not seeing how it works -- but i'm feeling like this will eat up their HiPointDem Jun 2012 #42
I think you're getting the gist of it Lionessa Jun 2012 #52
I never said that it did Harmony Blue Jun 2012 #34
It seems as though you keep suggesting that the tax will provide insurance, it won't. Lionessa Jun 2012 #38
I suggested no thing Harmony Blue Jun 2012 #44
Technically, the penalty for nonobservance of the mandate is a tax frazzled Jun 2012 #30
so how about if you have no job & no income, then say 4 years later get a job. do they come HiPointDem Jun 2012 #39
If you have no job and no income you can get Medicaid frazzled Jun 2012 #43
'spelled out' = not really. there are lots of permutations. as for medicaid, it's already been cut HiPointDem Jun 2012 #49
just to be clear, it was ALWAYS a tax, collected by the irs, paid to the u.s. treasury. unblock Jun 2012 #31
Correct Harmony Blue Jun 2012 #37
right. the only thing that "changed" was the argument. the law itself didn't change. unblock Jun 2012 #50
Agreed. And I have always thought that the mandate needed to be done under JDPriestly Jun 2012 #53
YUP ... they avoided calling it a Tax because lots of bluedogs would have balked. JoePhilly Jun 2012 #57
I'm with you 100%. ieoeja Jun 2012 #55
It will be at the least four years before the question is seriously raised. Occulus Jun 2012 #58
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