Board 8 > VICTORY: Health care mandate struck down by the Appeals Court

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Mershaaay
08/12/11 10:49:00 AM
#1:


http://ca.news.yahoo.com/appeals-court-rules-against-obama-healthcare-law-171829777.html

For anyone who knows anything about law, this is a MUCH bigger deal than a federal judge simply deeming it unconstitutional.

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ImTheMacheteGuy
08/12/11 10:54:00 AM
#2:


good. why anyone would want to pay for health insurance is beyond me...

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SubDeity
08/12/11 10:58:00 AM
#3:


The majority "has ignored the undeniable fact that Congress' commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy," Marcus wrote.

**** this judge.

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red sox 777
08/12/11 11:00:00 AM
#4:


Blatant disregard for the Constitution from that dissenting judge.

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Mr Lasastryke
08/12/11 11:03:00 AM
#5:


Can't Obama change the Constitution? He's the president, after all!

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foolm0ron
08/12/11 11:04:00 AM
#6:


Only with 3/4ths agreement of the states

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JaKyL25
08/12/11 11:06:00 AM
#7:


What if he just wrote on it with a pen and pretended it was there the whole time?

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DeathChicken
08/12/11 11:08:00 AM
#8:


He could try to pull a George W. and declare himself sovereign

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WhoopsyDaisy
08/12/11 11:39:00 AM
#9:


This sentence made me laugh:
"expand insurance coverage to the more than 30 million Americans who are without it"

Yes by making it illegal not to have it you reduce the number of people who have it.

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CeraSeptem
08/12/11 12:23:00 PM
#10:


about damn time

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KingButz
08/12/11 12:36:00 PM
#11:


I like this

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yoshifan823
08/12/11 1:42:00 PM
#12:


This is good. One step closer to a public option. Granted, there are still plenty of steps left, but still. One step closer.
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SubDeity
08/12/11 1:45:00 PM
#13:


Hey Sephy you should PM me your name/relevant activities so I can find out if we ever intersected at school.

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BoshStrikesBack
08/12/11 2:00:00 PM
#14:


lmfao at the people getting mad at the dissenting judge. From a historical perspective, he's spot on: that's been the precedent for decades. "That's not what the Constitution says!" is not a good response, because frankly, no one cares about how you interpret that document. The SC, an actually important interpretive body, has argued the Constitution said otherwise time and time again.

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red sox 777
08/12/11 3:25:00 PM
#15:


Courts interpret the Constitution, they don't pretend it doesn't exist. I mean, I get what the judge is saying, but he worded it in such a way to make it look like he favored just ignoring the text of the Consitution. And the SC has recognized limits on the Commerce Clause powers many times, as the majority of this appeals court has done here.

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BoshStrikesBack
08/12/11 3:27:00 PM
#16:


Courts interpret the Constitution, they don't pretend it doesn't exist. I mean, I get what the judge is saying, but he worded it in such a way to make it look like he favored just ignoring the text of the Consitution. And the SC has recognized limits on the Commerce Clause powers many times, as the majority of this appeals court has done here.

I'd like to hear a case that limits the powers of the CC in a way relevant to this particular decision.

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SubDeity
08/12/11 3:31:00 PM
#17:


Well, for starters, the mandate is unprecedented.

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red sox 777
08/12/11 3:42:00 PM
#18:


For starters, Congress is trying to eliminate a lack of commerce here, not regulating existent commerce. The majority opinion gives a bunch of notable cases related to the Commerce Clause.

http://www.uscourts.gov/uscourts/courts/ca11/201111021.pdf

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BoshStrikesBack
08/12/11 4:14:00 PM
#19:


Neat link, thanks.

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Mershaaay
08/13/11 8:08:00 AM
#20:


SubDeity posted...
Hey Sephy you should PM me your name/relevant activities so I can find out if we ever intersected at school.

haha sorry, I didn't even know I had one from you....


I like to keep my identity hidden, given the last month of topics I posted here. But I can tell you that if you frequented AXA or enjoyed eating at the Hop regularly then we may have crossed paths!

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