Amy Howe: The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.
CNN is really pissing me off. MSNBC says that it was upheld.
Will you guys post the link to the opinion when it is up? I want to try to wade through it...even though my Patent Lawyer brain will probably need to be schooled on what it means.
The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.
Amy Howe: The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.
The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.
I'm picturing Roberts rocking himself in a corner mumbling at people trying to digest his opinion - that took months to write - in 30 seconds and report their findings to the nation as fact.
I know it's naive, but I always see the Justices as legal scholars and not partisan people.
I like that Roberts swung left - it shows me that he cares about the constitution and the law, not so much politics. I LOVE when that happens. It makes me feel all warm and fuzzy even if I disagree or something, lol.
I know it's naive, but I always see the Justices as legal scholars and not partisan people.
I like that Roberts swung left - it shows me that he cares about the constitution and the law, not so much politics. I LOVE when that happens. It makes me feel all warm and fuzzy even if I disagree or something, lol.
I think Roberts looked at it the way he should as the Chief Justice of the Supreme Court should - and not into the politics of the law - but what the job of the Supreme Court is to do.
Amy Howe: On the Medicaid issue, a majority of the Court holds that the Medicaid expansion is constitutional but that it w/b unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions
- commerce clause - a way Congress has the power to regulate various things, like the mandate. - taxing - also a power Congress has per the Constitution
Mandate is not constitutional under their commerce clause power, but it is constitutional under their power to tax.
I know it's naive, but I always see the Justices as legal scholars and not partisan people.
I like that Roberts swung left - it shows me that he cares about the constitution and the law, not so much politics. I LOVE when that happens. It makes me feel all warm and fuzzy even if I disagree or something, lol.
This. This was a good day for a non-partisan judiciary.
Post by secretlyevil on Jun 28, 2012 9:22:17 GMT -5
Amy Howe: The court reinforces that individuals can simply refuse to pay the tax and not comply with the mandate. 10:21
Tom: We do not have the opinion. 10:21
Amy Howe: On the Medicaid issue, a majority of the Court holds that the Medicaid expansion is constitutional but that it w/b unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions.
Lyle: The key comment on salvaging the Medicaid expansion is this (from Roberts): "Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding." (p. 55)
I know it's naive, but I always see the Justices as legal scholars and not partisan people.
I like that Roberts swung left - it shows me that he cares about the constitution and the law, not so much politics. I LOVE when that happens. It makes me feel all warm and fuzzy even if I disagree or something, lol.
I know, it's pretty cool
I agree. And it's why I think Scalia acted inappropriately on Monday.