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mkultra Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 12:25 PM
Original message
Mandates vs the 10th ammendments
So, im curious about your thoughts on the mandate and how it might be struck down if driven to the supreme court. Essentially, i think the republicans might have a chance since the supremes(not the three motown hotties) are right heavy right now. Do you think they have a chance?
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 12:27 PM
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1. They have no chance of overturning the law..
But the Repuke legislators do have a good chance of losing their seats because they're being pro-corporate assholes.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 12:29 PM
Response to Original message
2. No, they don't have a chance.
Edited on Tue Mar-23-10 12:30 PM by ProSense
People seem to want to have it both ways: They claim the RW/GOP/Greedy insurance companies love reform, specifically the insurance companies love the mandate. Why would they work to repeal something they love?

Truth is they hate the bill and everything it represents. They are grasping at straws with their hissy fit about the mandate.

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 12:30 PM
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3. It will not even make it to the SCOTUS.
They won't even hear it. Not to worry.
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Jeff In Milwaukee Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 12:35 PM
Response to Original message
4. Never Happen....
The government can force states to comply with federal statutes simply by attaching funding to the requirement. You want funding for Medicare and Medicaid? Then you go along with healthcare reform.

That's why I don't believe any of these lawsuits will ever see the light of day. Unless the Republican Party is hellbent on politial suicide, they're not going to even attempt something like this.
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Nite Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 12:46 PM
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5. I can't see any chance
The mandates were put in for the healthcare corps, they want to make sure they get their new customers, so the cons would never overturn it and the libs on the Court would just agree with the administration. No votes there.
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 01:10 PM
Response to Reply #5
8. And any pol who makes real waves that would threaten the industry's
30 million new customers will find his healthcare industry contributions drying up REAL fast.

Now, any pol who weakens & deregulates even the weak-assed provisions in this bill will get all kinds of money - the industry loves the idea of getting millions of new customers and not having to pay out on the policies.

People are saying this is a first step, and the fight is now to strengthen and expand the bill - I say, the fight will be to keep any part of it beyond the mandated payments. The Dems valiantly took the low ground and will spend all their time trying to defend it - according to Sun Tzu that's not how you do it.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 01:04 PM
Response to Original message
6. In theory they could throw out the mandate, but the rest of the law will stand
and community rating will then kill off the insurance companies.

if that's a worst case scenario for us, can't say it bothers me all that much.
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mkultra Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 01:10 PM
Response to Reply #6
7. yes, if they challenge, we could be a stairstep from PO or SP
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