ObamaCare, declared safe by SCOTUS?

[islandman]

Perhaps the legal eagles here can opine further.

Or copy and paste.

 

[schism666]

Perhaps the legal eagles here can opine further.

Or copy and paste.

there are no legal eagles here since colonel stopped posting.

 

[Lazaran]

.
The conservatives on the court are cutting their losses and will rule in favor of wealthy individuals and corporate interests in other less publicized cases to make up the cost of letting the ACA continue to exist.

 

[islandman]

there are no legal eagles here since colonel stopped posting.

What happened to him? Coronavirus?

 

[jaF0]

WASHINGTON (CN) — Months of punditry and handwringing over a major Supreme Court case slated for the week after U.S. elections gave way Tuesday to two hours of arguments and a strong indication that the justices will uphold the bulk of the federal health care law.

President Barack Obama’s domestic policy legacy, the Patient Protection and Affordable Care Act has faced an onslaught of constitutionality challenges in the decade since its inception. One of the early challenges took aim at a key feature of the law known as the individual mandate, which imposed a penalty for people who failed to get coverage for themselves.

--------------------


Whether the provision itself will survive was unclear Tuesday, but at least five members of the court appeared inclined to leave the bulk of the law intact while likely employing the legal doctrine known as severability.

“It does seem fairly clear the proper remedy would be to sever the mandate provision and leave the rest of the law in place,” Justice Brett Kavanaugh said Tuesday.

Since the Affordable Care Act has no express severability clause, it is possible that the legislation could be tossed out altogether if the court rules against the mandate.

Yet, Kavanaugh’s remarks on Tuesday echoed sentiments he expressed in Barr v. American Association of Political Consultants. There the Trump-appointed justice noted that before a single part of a law can be removed from the broader legislation, the court “must determine that the remainder of the statute is capable of functioning independently.”

This would make it ‘fully operative as a law,” Kavanaugh said at the time. Chief Justice John Roberts sided with Kavanaugh in that ruling and appeared to align with Kavanaugh again Tuesday as he broached arguments from Donald Verrilli, counsel for the U.S. House of Representatives, which is defending the law alongside California and other Democrat-majority states.

https://www.courthousenews.com/health-care-law-looks-primed-to-survive-latest-turn-at-high-court/

 

[Counselor706]

Supreme Court appears willing to leave Obamacare in place

The Affordable Care Act seems likely to withstand its third challenge at the Supreme Court.

During arguments in a case seeking to eliminate Obamacare, two of the court’s conservatives on Tuesday signaled they would not strike down the landmark legislation.

Chief Justice John Roberts, who cast the key vote in 2012 upholding Obamacare, and Justice Brett Kavanaugh, an appointee of President Donald Trump, suggested that the court may cast aside a challenged provision of the law, known as the individual mandate, while leaving the rest of it standing.

Such a decision would leave in place the central aspects of the 900-plus page legislation, which collectively have transformed American health-care over the past decade, from the expansion of Medicaid in dozens of states to the requirement that insurers cover those with preexisting conditions.

Source

 

[schism666]

What happened to him? Coronavirus?

retirement, golf, surgery...

 

[Aglaopheme]

What happened to him? Coronavirus?

He met a lady.

 

[islandman]

He met a lady.

Does your use of the smiley suggest that you are that lady?

In any event, good for him. Ladies are lovely.

 

[Aglaopheme]

Does your use of the smiley suggest that you are that lady?

In any event, good for him. Ladies are lovely.

It is not me, but I am very happy for him. They are very happy.

 

[wheres_the_beef]

SCOTUS declared nothing about the case today. It will be months before they publish a decision. It could even be into next summer. Lots of people are making predictions based on the questions asked by the Justices during arguments made in the case today.

The lower court case hinged on the determination that the mandate is not severable from the rest of the law. If that one part is unconstitutional then the whole law needs to be thrown out. That is a key piece in question that would need to be in place to overturn the ACA in it's entirety..

Kavanaugh's record shows that he leans towards a pretty high burden to show that there is no severability. His questions today seemed to fall in line with his judicial record. Roberts' questions also seemed to imply that he is leaning towards the mandate being severable from the rest of the law. The liberal appointed justices on the court sided with Kavanaugh on a recent case where severability was a key question. Alito did as well. With today's hints the notion that the entire law will be thrown out, like the lower court did, seems unlikely.

We'll know for sure when they finally publish a decision.

 

[StrictMiss]

Hanging

.
The conservatives on the court are cutting their losses and will rule in favor of wealthy individuals and corporate interests in other less publicized cases to make up the cost of letting the ACA continue to exist.

Definitely some truth there. It's always about the money. Well, in Trump's case it's about not going to jail now. It's not out of the qustion that he leaves the country and leaves his supporters hanging.

 

[butters]

He met a lady.

aw, that's nice! if you're in contact with him/them both, wish them well from me, please? love's a wonderful thing in this day and age

 

[nowisthetime]

.
The conservatives on the court are cutting their losses and will rule in favor of wealthy individuals and corporate interests in other less publicized cases to make up the cost of letting the ACA continue to exist.

This! They will find another quieter way to screw the general population.