Author Topic: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2  (Read 900 times)

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Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2

Joel B. Pollak17 Jun 202170
3:51

The U.S. Supreme Court rejected a challenge to Obamacare on Thursday in California v. Texas on technical grounds, holding 7-2 that the plaintiffs — some 17 Republican-led states — lacked the standing to bring a suit against the law.

The states wanted the courts to overturn Obamacare, arguing that since the “individual mandate” penalty for not buying health insurance — which the Court, controversially, redefined as a “tax” in 2012 — had been set to zero by President Donald Trump’s tax reforms, the entire law was unconstitutional. Moreover, since the “individual mandate” was integral to the functioning of Obamacare, it could not be severed from the law, and therefore the whole law had to be discarded.

In a majority opinion written by Justice Stephen Breyer, the Court held:

Quote
The Constitution gives federal courts the power to adjudicate only genuine “Cases” and “Controversies.” Art. III, §2. To have standing, a plaintiff must “allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.” DaimlerChrysler Corp. v. Cuno, 547 U. S. 332, 342. No plaintiff has shown such an injury “fairly traceable” to the “allegedly unlawful conduct” challenged here.

Though the individual mandate is no longer enforceable, the Court held, “Unenforceable statutory language alone is not sufficient to establish standing.”

In a dissent, Justices Samuel Alito and Neil Gorsuch protested against the Court’s apparent bias: “Today’s decision is the third installment in our epic Affordable Care Act trilogy, and it follows the same pattern as installments one and two. In all three episodes, with the Affordable Care Act facing a serious threat, the Court has pulled off an improbable rescue.”

more
https://www.breitbart.com/politics/2021/06/17/supreme-court-rejects-obamacare-challenge-over-standing-issues-7-2/#
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Offline Sled Dog

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #1 on: June 17, 2021, 05:21:00 pm »
Yeah, the people of the states being forced to pay a tax if they don't conform doesn't give them standing?   

I'd say it doesn't matter if the tax is temporarily reduced to zero, the core of the case is whether or not the government can force compliance like that, and clearly the Constitution does not permit this.   The Constitution does not even permit the federal government to create a health-care scam in the first place.

I'm surprised at Thomas, and it's damn shame that Barrett doesn't have the balls to stand up for the constitution or that Kavanaugh was beaten into submission by his false accusers.
« Last Edit: June 17, 2021, 05:22:49 pm by Sled Dog »
The GOP is not the party leadership.  The GOP is the party MEMBERSHIP.   The members need to kick the leaders out if they leaders are going the wrong way.  No coddling allowed.

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #2 on: June 17, 2021, 05:26:54 pm »
There's that word again! Can someone show me any case rejected by SCOTUS for lack of "Standing" prior to the 1930s?  Where is it in the U. S. Constitution?
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #3 on: June 17, 2021, 06:42:47 pm »
Hawley: SCOTUS Decision to Reject Obamacare Challenge ‘Dubious’ — ‘Not Surprised’
https://www.breitbart.com/clips/2021/06/17/hawley-scotus-decision-to-reject-obamacare-challenge-dubious-not-surprised/
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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #4 on: June 17, 2021, 07:50:01 pm »
Who the hell then does have standing if not the states, representing their citizens?
The Republic is lost.

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #5 on: June 17, 2021, 08:44:19 pm »
Who the hell then does have standing if not the states, representing their citizens?

Nobody! They (SCOTUS) are a bunch of cowards unwilling to do their damned jobs!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online libertybele

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #6 on: June 17, 2021, 08:48:40 pm »
GOP-led states slam ObamaCare ruling, say Supreme Court ducked on constitutionality

Texas and other Republican-led states ripped the Supreme Court’s decision to uphold the Affordable Care Act, arguing Thursday’s ruling ignored the core issue of whether "ObamaCare" was constitutional.

The justices voted 7-2 to reject the challenge from a coalition of 18 states and two individuals, marking the third time a GOP-led effort to overturn ObamaCare failed in the Supreme Court. In their decision, the justices determined that states lacked the standing to bring their case to federal court.

The states’ case hinged on ObamaCare’s individual mandate, which required most Americans to have health insurance or face penalties. Republicans argued that the mandate became unconstitutional when Congress eliminated the penalty in 2017, asserting the rest of the law should be struck down as a result.

"ObamaCare was sold on a lie to the American people. Its crown jewel – the individual mandate – was unconstitutional when it was enacted and it is still unconstitutional," Texas Attorney General Ken Paxton said in a statement. "Yet, seven justices decided to avoid the question of the constitutionality by limiting its decision to a ruling on standing.".................

https://www.foxnews.com/politics/gop-states-obamacare-ruling-supreme-court-constitutionality
Romans 12:16-21

Live in harmony with one another; do not be haughty, but associate with the lowly, do not claim to be wiser than you are.  Do not repay anyone evil for evil, but take thought for what is noble in the sight of all.  If it is possible, so far as it depends on you, live peaceably with all…do not be overcome by evil, but overcome evil with good.

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #7 on: June 17, 2021, 09:34:36 pm »
Quote
GOP-led states slam ObamaCare ruling, say Supreme Court ducked on constitutionality

And they are entirely correct in their criticisms!  !00%
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Sled Dog

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #8 on: June 17, 2021, 11:02:45 pm »
GOP-led states slam ObamaCare ruling, say Supreme Court ducked on constitutionality

Texas and other Republican-led states ripped the Supreme Court’s decision to uphold the Affordable Care Act, arguing Thursday’s ruling ignored the core issue of whether "ObamaCare" was constitutional.

The justices voted 7-2 to reject the challenge from a coalition of 18 states and two individuals, marking the third time a GOP-led effort to overturn ObamaCare failed in the Supreme Court. In their decision, the justices determined that states lacked the standing to bring their case to federal court.

The states’ case hinged on ObamaCare’s individual mandate, which required most Americans to have health insurance or face penalties. Republicans argued that the mandate became unconstitutional when Congress eliminated the penalty in 2017, asserting the rest of the law should be struck down as a result.

"ObamaCare was sold on a lie to the American people. Its crown jewel – the individual mandate – was unconstitutional when it was enacted and it is still unconstitutional," Texas Attorney General Ken Paxton said in a statement. "Yet, seven justices decided to avoid the question of the constitutionality by limiting its decision to a ruling on standing.".................

https://www.foxnews.com/politics/gop-states-obamacare-ruling-supreme-court-constitutionality

There's a simple solution to this.

States should declare themselves MessiahCare Sanctuary states, in which all the provisions of MessiahCare are declared null and void because MessiahCare violates the Constitution.

The GOP is not the party leadership.  The GOP is the party MEMBERSHIP.   The members need to kick the leaders out if they leaders are going the wrong way.  No coddling allowed.

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #9 on: June 18, 2021, 12:30:37 am »
Who the hell then does have standing if not the states, representing their citizens?

@Free Vulcan


We iz da wurld......

We iz da peep-pulls....


Da peeples ob da wurld,DAT's who haz standin!
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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #10 on: June 18, 2021, 02:11:31 pm »
Obama Brags About Supreme Court Ruling – ‘The Affordable Care Act Is Here To Stay’

Quote
“Today, the Supreme Court upheld the Affordable Care Act. Again. This ruling reaffirms what we have long known to be true: the Affordable Care Act is here to stay,” Obama tweeted.

“The principle of universal coverage has been established, and 31 million people now have access to care through the law we passed—with millions more who can no longer be denied coverage or charged more because of a preexisting condition,” he added.

more
https://thepoliticalinsider.com/obama-brags-about-supreme-court-ruling-the-affordable-care-act-is-here-to-stay/?utm_source=home-headline-stories
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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #11 on: June 18, 2021, 02:15:44 pm »
Obama Brags About Supreme Court Ruling – ‘The Affordable Care Act Is Here To Stay’

more
https://thepoliticalinsider.com/obama-brags-about-supreme-court-ruling-the-affordable-care-act-is-here-to-stay/?utm_source=home-headline-stories

And he is lying through his damned teeth! The Supreme court did not uphold anything including their oaths!  They REFUSED to do their damned jobs! Again!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online kevindavis007

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #12 on: June 18, 2021, 04:35:56 pm »
Here is an idea, instead of depending on courts to do the job of Congress how about Congress doing their job?
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Offline dfwgator

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #13 on: June 18, 2021, 04:40:18 pm »
Here is an idea, instead of depending on courts to do the job of Congress how about Congress doing their job?

How about the voters doing their job?

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Re: Supreme Court Rejects Obamacare Challenge over Standing Issues, 7-2
« Reply #14 on: June 18, 2021, 04:48:11 pm »
Here is an idea, instead of depending on courts to do the job of Congress how about Congress doing their job?

 :yowsa: 

It would be nice if BOTH did their jobs!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien