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SCOTUS To Hear Obamacare Case

Posted by LuchAAA on Mon Nov 14 12:02:10 2011

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story here

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(872802)

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Re: SCOTUS To Hear Obamacare Case

Posted by Chris R16/R2730 on Mon Nov 14 12:20:35 2011, in response to SCOTUS To Hear Obamacare Case, posted by LuchAAA on Mon Nov 14 12:02:10 2011.

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Bad news for Democrats: They're reviewing the Florida case, the one which threw out the law entirely. Obamacare opponents will be playing defense.

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(872805)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 12:21:47 2011, in response to SCOTUS To Hear Obamacare Case, posted by LuchAAA on Mon Nov 14 12:02:10 2011.

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6-3 or 7-2 upholding it.

(Scalia, Thomas and maybe Kennedy in the dissent or in a separate concurring opinion)

Chief Justice Roberts will write the opinion himself.

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(872806)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 12:22:24 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Chris R16/R2730 on Mon Nov 14 12:20:35 2011.

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Ummm.... it's the Obama Administration that wants it heard.

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(872809)

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Re: SCOTUS To Hear Obamacare Case

Posted by Train Dude on Mon Nov 14 12:24:43 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Chris R16/R2730 on Mon Nov 14 12:20:35 2011.

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5-4 and it's back to the drawing board for the obamites.

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(872811)

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Re: SCOTUS To Hear Obamacare Case

Posted by Easy on Mon Nov 14 12:26:29 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 12:22:24 2011.

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The want it heard as quickly as possible, but obviously they aren't the ones suing.

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(872813)

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Re: SCOTUS To Hear Obamacare Case

Posted by Chris R16/R2730 on Mon Nov 14 12:27:21 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 12:22:24 2011.

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They will be reviewing a decision which pretty much gave opponents of the law everything they want. The justices will asking administration lawyers questions like "why is this wrong?" and "why should this precedent be ignored"? Had they decided to review the case from last week, it would be those seeking to overturn the law that would have to do the aggressive arguing.


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(872814)

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Re: SCOTUS To Hear Obamacare Case

Posted by Easy on Mon Nov 14 12:28:01 2011, in response to SCOTUS To Hear Obamacare Case, posted by LuchAAA on Mon Nov 14 12:02:10 2011.

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According to Fox, this is a win-win for Republicans for the next election. If the law is overturned it makes Obama look bad and if it is upheld it motivates their base to come out and vote so that the law can be overturned.

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(872815)

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Re: SCOTUS To Hear Obamacare Case

Posted by Chris R16/R2730 on Mon Nov 14 12:29:19 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Train Dude on Mon Nov 14 12:24:43 2011.

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Kennedy is a wild card. It will depend on how well opponents make their case. They HAVE to avoid getting bogged down in legalese and make the case for what kind of precedent using the commerce clause to legitimize the individual mandate will be, and all of it's potentially horrific consequences in lower courts.

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(872816)

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Re: SCOTUS To Hear Obamacare Case

Posted by Chris R16/R2730 on Mon Nov 14 12:30:53 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Easy on Mon Nov 14 12:26:29 2011.

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Supreme Court proceedings are very different from other courts. The justices ask the questions, the lawyers for each side answer them.

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(872817)

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Re: SCOTUS To Hear Obamacare Case

Posted by LuchAAA on Mon Nov 14 12:31:23 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Easy on Mon Nov 14 12:28:01 2011.

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Fox always puts a positive spin on tings. I think B. Hussein Obama will win but down the road a GOP President will give every state a waiver allowing states to decide if they want Obamacare. And why not? Obama has given out many waivers already.

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(872819)

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Re: SCOTUS To Hear Obamacare Case

Posted by LuchAAA on Mon Nov 14 12:33:02 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Easy on Mon Nov 14 12:28:01 2011.

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By the way, if it's overturned it could rile up the Obama element too so it works both ways. I hate Fox News but I admit that I will watch it if I hear that Laura Ingraham is filling in for O'Reilly.

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(872822)

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Re: SCOTUS To Hear Obamacare Case

Posted by cortelyounext on Mon Nov 14 12:37:32 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by LuchAAA on Mon Nov 14 12:31:23 2011.

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I never liked Bill Clinton but I'd vote for Hillary Clinton even though I have first hand accounts (military) of her, at times, truly condescending behavior. Now the person I truly admire is Chelsea Clinton.

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(872826)

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Re: SCOTUS To Hear Obamacare Case

Posted by Easy on Mon Nov 14 12:39:58 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Chris R16/R2730 on Mon Nov 14 12:30:53 2011.

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How does that differ from a lower appellate court?

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(872827)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 12:46:21 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Chris R16/R2730 on Mon Nov 14 12:27:21 2011.

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Had they decided to review the case from last week, it would be those seeking to overturn the law that would have to do the aggressive arguing.

The Court took the case that the Administration asked for, not the ones that the plaintiffs did.

That means that they have concerns of why a court threw out parts of an Act of Congress and not why other courts upheld them.

It's the exact OPPOSITE of what you describe.

Obamacare supporters would have been worried had the Court taken up the cases of where the law was upheld.

You obviously don't understand how the SCOTUS operates and why they take some cases over others.

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(872828)

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Re: SCOTUS To Hear Obamacare Case

Posted by Chris R16/R2730 on Mon Nov 14 12:46:26 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Easy on Mon Nov 14 12:39:58 2011.

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The lawyers make THEIR case, and a judge decides based on the law. In a SCOTUS hearing, both sides lay out their thinking, then get peppered with questions about their views by all the justices.

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(872830)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 12:47:39 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Chris R16/R2730 on Mon Nov 14 12:29:19 2011.

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yeah Kennedy is a wild card.

Roberts and Alito are not.

read their opinions about federal preemption and the commerce clause.

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(872834)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 12:50:18 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by Chris R16/R2730 on Mon Nov 14 12:46:26 2011.

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They get peppered with questions at the lower court levels too.

You've obviously never witnessed or participated in a bench trial or an appeals court proceeding.

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(872835)

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Re: SCOTUS To Hear Obamacare Case

Posted by ClearAspect on Mon Nov 14 12:53:01 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 12:46:21 2011.

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Why are you even trying to explain? lol

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(872837)

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Re: SCOTUS To Hear Obamacare Case

Posted by Terrapin Station on Mon Nov 14 12:57:04 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 12:46:21 2011.

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Interesting, if true.

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(872872)

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Re: SCOTUS To Hear Obamacare Case

Posted by AlM on Mon Nov 14 13:23:41 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 12:46:21 2011.

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What Chris doesn't understand is that you appeal unfavorable decisions. You don't appeal favorable ones. So the Supreme Court accepted an administration appeal (namely of the Florida decision), not an appeal by a plaintiff.



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(873054)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 21:38:18 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by AlM on Mon Nov 14 13:23:41 2011.

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Exactly.

Out of four or five Circuit Court of Appeals decisions on this question, there were three or four being appealed by the plaintiffs and only one appealed by the Administration, yet they chose that one.

That means that's the one that they have the most concern with and are most likely to overturn.



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(873056)

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Re: SCOTUS To Hear Obamacare Case

Posted by LuchAAA on Mon Nov 14 21:42:12 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by cortelyounext on Mon Nov 14 12:37:32 2011.

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You're dying to make the List of Liberals. Fine.

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(873058)

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Re: SCOTUS To Hear Obamacare Case

Posted by SMAZ on Mon Nov 14 21:43:32 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by LuchAAA on Mon Nov 14 21:42:12 2011.

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You're dying to make the List of Liberals. Fine.


You're dying to be admitted into the Jacket Club.

That's fine too.

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(873083)

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Re: SCOTUS To Hear Obamacare Case

Posted by Fred G on Mon Nov 14 22:35:56 2011, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 21:43:32 2011.

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Always on the lookout for a few nutty men.

your pal,
Fred

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(953046)

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Re: SCOTUS To Hear Obamacare Case

Posted by bingbong on Mon Jun 25 22:01:29 2012, in response to Re: SCOTUS To Hear Obamacare Case, posted by SMAZ on Mon Nov 14 12:21:47 2011.

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IMO, there is no way on Gods green earth that Alito, Scalia and Thomas would venture to vote for upholding ACA. They are too ideological, anti-Americans and hateful to uphold something that actually promotes the general welfare of Americans that is legal, duly passed legislation and completely Constitutional.

If Roberts upholds ACA, it would likely be an opportunity to give my new insurance a whirl...in the ER after that coronary. However, I expect it to be thrown out by haters 5-4.

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