Author Topic: ACA upheld by SCOTUS  (Read 713 times)

MillCreek

  • Skippy The Wonder Dog
  • friend
  • Senior Member
  • ***
  • Posts: 19,996
  • APS Risk Manager
_____________
Regards,
MillCreek
Snohomish County, WA  USA


Quote from: Angel Eyes on August 09, 2018, 01:56:15 AM
You are one lousy risk manager.

Hawkmoon

  • friend
  • Senior Member
  • ***
  • Posts: 27,255
Re: ACA upheld by SCOTUS
« Reply #1 on: June 17, 2021, 11:33:31 AM »
Well, they got that one wrong. I'm a bit surprised that Thomas went along. Not surprised by Roberts or Kavanaugh.

In other news, here's one I think the Black Robes got right: https://www.cnbc.com/2021/06/17/supreme-court-sides-with-catholic-adoption-agency-that-refuses-to-work-with-lgbt-couples.html
- - - - - - - - - - - - -
100% Politically Incorrect by Design

Ben

  • Administrator
  • Senior Member
  • *****
  • Posts: 45,970
  • I'm an Extremist!
Re: ACA upheld by SCOTUS
« Reply #2 on: June 17, 2021, 12:12:00 PM »
The time to stop something big like this is before it gets enacted. Once there, with people getting free stuff, it becomes a 1000 to 1 shot.

The SC seems, in these times, to be very much "don't rock the boat". We saw the same regarding election interference.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

Bogie

  • friend
  • Senior Member
  • ***
  • Posts: 10,200
  • Hunkered in South St. Louis, right by Route 66
    • Third Rate Pundit
Re: ACA upheld by SCOTUS
« Reply #3 on: June 17, 2021, 12:39:24 PM »
With the left's tactic of large-scale rioting and property destruction, do they have any other choice?
 
Here in St. Louis County, Michael Brown's biological parents (they didn't raise him...) sued Ferguson and the county. 7 figures.
 
They scheduled a press conference on the stops of the county courthouse. Which is in the center of the priciest business district in the metro.
 
The county settled, rather than have millions, if not billions, of destruction.
Blog under construction

RocketMan

  • Mad Rocket Scientist
  • friend
  • Senior Member
  • ***
  • Posts: 13,614
  • Semper Fidelis
Re: ACA upheld by SCOTUS
« Reply #4 on: June 17, 2021, 01:21:23 PM »
Actually, I believe the ruling was proper in that the States as entities could not show they were being harmed by the individual mandate.  They had no real standing.
Had it been a group of citizens that filed the original suit, and not States themselves, then SCOTUS might have upheld the appeals court ruling.  A group of citizens could have proven both standing and individual harm being done to them.
The SCOTUS ruling still sucks, though.  I firmly believe the individual mandate portion of ObamaCare to be unconstitutional despite what the royal robes group says.
And ObamaCare itself is an abomination that has done more to drive up the costs of medical care in this country than any other legislation in the last 50 years.
If there really was intelligent life on other planets, we'd be sending them foreign aid.

Conservatives see George Orwell's "1984" as a cautionary tale.  Progressives view it as a "how to" manual.

My wife often says to me, "You are evil and must be destroyed." She may be right.

Liberals believe one should never let reason, logic and facts get in the way of a good emotional argument.

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,830
Re: ACA upheld by SCOTUS
« Reply #5 on: June 17, 2021, 02:19:52 PM »
Individual harm might be hard to prove, even for private citizens.

How much harm does a fine of $0.00 cause?

RocketMan

  • Mad Rocket Scientist
  • friend
  • Senior Member
  • ***
  • Posts: 13,614
  • Semper Fidelis
Re: ACA upheld by SCOTUS
« Reply #6 on: June 17, 2021, 02:25:17 PM »
Individual harm might be hard to prove, even for private citizens.

How much harm does a fine of $0.00 cause?

It's not the fine, it is the financial harm caused by being forced by the government to purchase a service, health insurance in this case, at exorbitant rates.  It is also being forced to pay a fine for failing to purchase said service.  The fine was still in effect at the time the original suit was filed, if I am not mistaken.
I am sure the fine will be reinstituted soon enough, so that harm will be occurring again.
If there really was intelligent life on other planets, we'd be sending them foreign aid.

Conservatives see George Orwell's "1984" as a cautionary tale.  Progressives view it as a "how to" manual.

My wife often says to me, "You are evil and must be destroyed." She may be right.

Liberals believe one should never let reason, logic and facts get in the way of a good emotional argument.

Boomhauer

  • Former Moderator, fired for embezzlement and abuse of power
  • friends
  • Senior Member
  • ***
  • Posts: 14,305
Re: ACA upheld by SCOTUS
« Reply #7 on: June 17, 2021, 02:39:15 PM »
The people that have been most harmed by Obamacare (or likewise other government bullshit) can’t afford to employ lawyers for a lawsuit or series of lawsuits.

Quote from: Ben
Holy hell. It's like giving a loaded gun to a chimpanzee...

Quote from: bluestarlizzard
the last thing you need is rabies. You're already angry enough as it is.

OTOH, there wouldn't be a tweeker left in Georgia...

Quote from: Balog
BLOOD FOR THE BLOOD GOD! SKULLS FOR THE SKULL THRONE! AND THROW SOME STEAK ON THE GRILL!

RocketMan

  • Mad Rocket Scientist
  • friend
  • Senior Member
  • ***
  • Posts: 13,614
  • Semper Fidelis
Re: ACA upheld by SCOTUS
« Reply #8 on: June 17, 2021, 03:51:59 PM »
The people that have been most harmed by Obamacare (or likewise other government bullshit) can’t afford to employ lawyers for a lawsuit or series of lawsuits.

This is very true.
If there really was intelligent life on other planets, we'd be sending them foreign aid.

Conservatives see George Orwell's "1984" as a cautionary tale.  Progressives view it as a "how to" manual.

My wife often says to me, "You are evil and must be destroyed." She may be right.

Liberals believe one should never let reason, logic and facts get in the way of a good emotional argument.

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,830
Re: ACA upheld by SCOTUS
« Reply #9 on: June 17, 2021, 03:52:44 PM »
It's not the fine, it is the financial harm caused by being forced by the government to purchase a service, health insurance in this case, at exorbitant rates.  It is also being forced to pay a fine for failing to purchase said service.  The fine was still in effect at the time the original suit was filed, if I am not mistaken.
I am sure the fine will be reinstituted soon enough, so that harm will be occurring again.

I admit I haven't followed this case super closely,  but the article I read said the majority opinion specifically mentions the $0 fine.  My understanding is that was part of the "lack of standing " finding. (I have not read the decision).


RocketMan

  • Mad Rocket Scientist
  • friend
  • Senior Member
  • ***
  • Posts: 13,614
  • Semper Fidelis
Re: ACA upheld by SCOTUS
« Reply #10 on: June 17, 2021, 03:56:36 PM »
I admit I haven't followed this case super closely,  but the article I read said the majority opinion specifically mentions the $0 fine.  My understanding is that was part of the "lack of standing " finding. (I have not read the decision).

The $0 dollar fine was indeed mentioned.  However, I do not believe the fine $0 dollar fine will remain in effect much longer.  I do not doubt the Biden administration will reinstitute hefty fines in the not too distant future.  Financial harm from a fine will become a thing again.
If there really was intelligent life on other planets, we'd be sending them foreign aid.

Conservatives see George Orwell's "1984" as a cautionary tale.  Progressives view it as a "how to" manual.

My wife often says to me, "You are evil and must be destroyed." She may be right.

Liberals believe one should never let reason, logic and facts get in the way of a good emotional argument.

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,830
Re: ACA upheld by SCOTUS
« Reply #11 on: June 17, 2021, 04:01:07 PM »
Then they would have standing, and I'm sure a slew of lawyers volunteering.

I'm not defending tha ACA by any means, FTR. But the realist in me has to concede that Breyer's right that it's hard to show harm when you aren't actually forced to do something.

Here's the analysis I read, btw, that has a little more detail:
https://www.scotusblog.com/2021/06/court-again-leaves-affordable-care-act-in-place/

Quote
The individual plaintiffs, Breyer explained, contended that they are harmed, and therefore have a right to sue, because they have to pay each month for health insurance to comply with the mandate. The problem with that argument, Breyer reasoned, is that although the ACA instructs them to obtain health insurance, the Internal Revenue Service can no longer impose a penalty on taxpayers who fail to obtain insurance – and there is no other government action connected to the harm that the individual plaintiffs claim to have suffered, a key requirement for standing.


ETA: Actually I kinda hope they do up the fine.  Then maybe we could settle this once and for all, without the legal "outs" that have been used to dodge the meat of the question.