Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Kablooie

(18,641 posts)
Tue Mar 20, 2012, 01:14 AM Mar 2012

The Health Care Reform Plan goes under the Sword of Damocles in one week.

Will it be killed or will it allowed to remain alive?
Or be put in a Schodinger's cat sort of situation? (partially killed? Could they do that?)

There are two judges who I'm sure have already decided to kill it, of course. They always let conservative politics override constitutional law if there is a clear conflict.

The other seven I hope would not let conservative or liberal politics play a part in their decisions but would impartially judge the issue based on the law. Probably too much to hope for in this case, though. If they all let popular politics guide them, the plan will be killed since there are 5 conservative leaning judges and 4 liberal.

From what I've read, the case to kill it doesn't have any real constitutional basis. People may not like being forced to buy insurance but there is no constitutional conflict with it.

So anyone have speculations as to the result and the effects of the result?

My son is on the extended student insurance right now and if it's killed we'll be in trouble finding replacement insurance for him.


16 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

TheKentuckian

(25,029 posts)
2. Under what power can government force us to buy a for profit product selected by
Tue Mar 20, 2012, 02:17 AM
Mar 2012

our employer?

Whatever your affirmative response, why on earth would you want a government with such authority and further and more crucially, what limits the power? What keeps Uncle Sam from dictating our expenditures down to the penny from the motherfucking company store?

It is my fear that the fascist will uphold the fascist law.

 

CAPHAVOC

(1,138 posts)
6. I would.
Tue Mar 20, 2012, 06:24 AM
Mar 2012

I hope it is killed and then the Democrats try and get Medicare for everybody. It would be a winner. The GOP has no answer to that.

Volaris

(10,274 posts)
13. Thats right, and when they actually sit and think about it, they KNOW it.
Tue Mar 20, 2012, 02:06 PM
Mar 2012

I said almost this exact thing to a 'bagger at my other job the other day....and he kinda looked at me funny. So I explained to him that if the SC does what he wants and strikes down the IM, he and the rest of the immovable, never-compromise-your-principals IDIOTS in his party are very likely going to "fuck the entire country INTO a single-payer system, because that's the only option left to get healthcare to people who need access to it, because all you 'baggers pitched such a fit over the ONLY compromise that got cut that would practically GUARANTEE that this country would never need to consider single-payer as a viable alternative (and the INS. Industry KNEW this, that's why they fought for it in the first place)." I told him I was FINE with the alternative, though, and if by some miricale it goes the way all of us Liberals WANT it to go, he and his 'bagger buddies(including Beck, Hannity, and Rush) are going to spend the rest of their political-conservative LIVES with a great, big RINO dick in their mouths, as an apology to the rest of the Republican Party for fucking the Ins. Industry out of the ONLY deal that would have kept that industry as a viable alternative to "Socialized Medicine".

it took a minute for the full implications of what I had just explained to dawn on him, but when it did, the look of pure horror on his face was worth the conversation. No matter WHAT the SC decides, I think they are beginning to get an idea of how fucked they are in terms history passing them by, and of being on the wrong side of a losing argument. Its wonderful to watch.

 

CAPHAVOC

(1,138 posts)
15. Health Care
Tue Mar 20, 2012, 02:30 PM
Mar 2012

Is no longer insurable. Insurance companies should be eliminated from the mix. Medicare is the best way to cover everyone. Funded through taxes. ACA is just another sellout to the big 4 insurance companies and big Pharma. We were sold down the river. Why in the world they forced the disaster called ACA is beyond me. I really do not think people would object to Medicare for everyone. No reasonable person anyway. Why give the big 4 Insurors 20% of the money off the top for doing electronic billing? ACA is awful.

TheKentuckian

(25,029 posts)
16. Would our employers still be dictating what plans we have access to?
Tue Mar 20, 2012, 02:34 PM
Mar 2012

If so then not much but a little because the profit motive sets up more potential abuse of a very dangerous precedent.

I'm tired of the rebuttles in support of this specific design of a mandate being the general case for any form of mandate. No one does (or in my opinion...can) make a specific defense of what we are facing here other than emotional barbs typically involving accusations of a desire for a young person to go without care or for them to be told to "die quickly" do to a pre-existing condition.

A specific law was written, to a general one that says that a mandate must be designed, the design is there and it is unacceptable as a precedent and must be scrapped or it must lead to further abuse and make the Commerce so powerful that our government has unlimited authority over us, making us slaves.

 

CAPHAVOC

(1,138 posts)
5. I hear the pro argument is changing from the commerce clause
Tue Mar 20, 2012, 06:22 AM
Mar 2012

To the necessary and proper clause of the Constitution. My hope is that the SCOTUS kills that monster. But I doubt they will. If they do it will be a Landmark.

Liberty Belle

(9,535 posts)
4. Why is there not a all for a national March to Save Healthcare--and rallies outside the Supreme Ct?
Tue Mar 20, 2012, 03:12 AM
Mar 2012

maybe a couple of million "guests" outside would make a subtle impact on their thinking.

 

alferoutou

(25 posts)
8. Only 2 judges, sorry wrong
Tue Mar 20, 2012, 07:32 AM
Mar 2012

try 4 judges want to please their corporate over lords but the problem they have is how do they twist the law to force people to buy a product from a private company with very little cost controls or consumer protections.


Medicare for all IS the correct solution but I believe that Obama will not go down that road because it will upset his corporate overlords and it is just not in his nature to actually fight for something.

Kablooie

(18,641 posts)
10. True 4 are openly conservative but only the 2 seem blockheadedly rabid about it.
Tue Mar 20, 2012, 12:02 PM
Mar 2012

Not that that any are immune to pushing interpretations beyond reasonableness to support their political views.

You might say the same thing about the right to privacy decision, Griswold vs Conn. which stretched things pretty far to justify it.
And that was done by the liberal judges.
I've tried to follow the logic and I've never been able to understand all of it.

TheKentuckian

(25,029 posts)
14. Five are right wing extremist, four are radical regressives, seven are corporate friendly, and
Tue Mar 20, 2012, 02:21 PM
Mar 2012

all nine generaly favorable to capital except in cases of extreme overreach.

Vinca

(50,309 posts)
9. I'm thinking - or rather hoping - they will eventually kick the can down the road
Tue Mar 20, 2012, 07:41 AM
Mar 2012

since no one has yet to pay a dime of any mandatory fee so the "damage" hasn't been done. After the Citizens United fiasco, I'm betting they want to keep a low profile for a time. The longer the bill remains, the more people find it and benefit from it and the more trouble they will have going back to "Republicancare" (nothing). That said, if the POTUS has a second term, he really needs to try for Medicare Part E.

Kablooie

(18,641 posts)
11. True. Even if the current law is deemed constitutional it can still be changed.
Tue Mar 20, 2012, 12:10 PM
Mar 2012

In fact I expect Obama expects it to be modified.

Didn't he say that this is just a start, a foot in the door?
A foundation on which to build a reasonable health care system for the future.

JFN1

(2,033 posts)
12. Man, oh man, that Damaged Cheese guy...
Tue Mar 20, 2012, 12:37 PM
Mar 2012

Always dangling that sword of his...you know, he's gonna cut himself with that thingy, one of these days...

Latest Discussions»General Discussion»The Health Care Reform Pl...