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PoliGAF 2012 Community Thread |OT2| This thread title is now under military control

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eznark

Banned
I've already resigned myself to a 5-4 decision tossing the mandate. I'd love to see a 6-3 upheld verdict, if only for the meltdowns. My only regret is that they'd be too numerous for me to read them all.

But it won't happen : /

There will be hilarious meltdowns either way, that much is guaranteed.
 

Oblivion

Fetishing muscular manly men in skintight hosery
Well, at least the libertarian/conservative set is coming right out and saying it:

2. A rejection of health care egalitarianism, namely a recognition that the wealthy will purchase more and better health care than the poor. Trying to equalize health care consumption hurts the poor, since most feasible policies to do this take away cash from the poor, either directly or through the operation of tax incidence. We need to accept the principle that sometimes poor people will die just because they are poor. Some of you don’t like the sound of that, but we already let the wealthy enjoy all sorts of other goods — most importantly status — which lengthen their lives and which the poor enjoy to a much lesser degree. We shouldn’t screw up our health care institutions by being determined to fight inegalitarian principles for one very select set of factors which determine health care outcomes.

http://marginalrevolution.com/margi...-mandate-should-the-right-have-supported.html
 

Kosmo

Banned
Ironically, if Obamacare is upheld, that probably worsens Obama's chances in November (still think he'll win), since it will energize the Romney base and those against the law.

I actually think the best case scenario for Obama is that just the mandate is thrown out - it will give people the impression that the law was found unconstitutional, but in reality will leave in everything Obama wants in there (it just won't be economically feasible).
 

codhand

Member
Ironically, if Obamacare is upheld, that probably worsens Obama's chances in November (still think he'll win), since it will energize the Romney base and those against the law.

Seems like you of all people would recognize the knob job Obama will receive from the press if it's upheld.

Can't wait to see those sirens! If it's upheld, Drudge will break out some tri-corner hat.jpgs, gonna be great theater either way.
 
Ironically, if Obamacare is upheld, that probably worsens Obama's chances in November (still think he'll win), since it will energize the Romney base and those against the law.

I actually think the best case scenario for Obama is that just the mandate is thrown out - it will give people the impression that the law was found unconstitutional, but in reality will leave in everything Obama wants in there (it just won't be economically feasible).

The law being upheld is the best ruling for everybody. Hopefully it also causes the media to ask Romney for specifics on what he would do if he wants to repeat HCR 1st day. And it will allow Obama to say whatever they passed was constitutional and he can explain the free rider argument a lot better in debates than the Media has till date.
 

codhand

Member
The law being upheld is the best ruling for everybody. Hopefully it also causes the media to ask Romney for specifics on what he would do if he wants to repeat HCR 1st day. And it will allow Obama to say whatever they passed was constitutional and he can explain the free rider argument a lot better in debates than the Media has till date.

Hmm, yeah, it would make the election an even more clear choice, I'm fine with that. Also, the debates would be more interesting if it's upheld.

My slight optimism is based on SC not wanting to be viewed poorly in a historical sense--and also the rulings of several state's courts on the matter--if it's overturned. I'm in CT, where we will forge ahead with HCR regardless of today's decision.
 
Just curious, is the newfound optimism solely due to the AZ case?

I think it has to do with the fact that the oral arguments in AZ case made it seem like a lost cause for Obama Admin but the final ruling was more friendlier to them. Some also saw Scalia's rant as a foreshadowing of the HCR decision.

I still think whole law will be struck down 5-4
 

eznark

Banned
I think it has to do with the fact that the oral arguments in AZ case made it seem like a lost cause for Obama Admin but the final ruling was more friendlier to them. Some also saw Scalia's rant as a foreshadowing of the HCR decision.

I still think whole law will be struck down 5-4

Scalia just loves a good rant.
 
I think it has to do with the fact that the oral arguments in AZ case made it seem like a lost cause for Obama Admin but the final ruling was more friendlier to them. Some also saw Scalia's rant as a foreshadowing of the HCR decision.

I still think whole law will be struck down 5-4

That's very unlikely.
 
My slight optimism is based on SC not wanting to be viewed poorly in a historical sense--and also the rulings of several state's courts on the matter--if it's overturned. I'm in CT, where we will forge ahead with HCR regardless of today's decision.

Will peope stop talking about legacy like its something they argue when they decide? Besides scalia (and Bush v. Gore) I think the Justices do generally care about merits of the cases and try to use their interpretations to find what they think is fair verdict.

They're not gonna sit there and say I think its unconstitutional but it will look better if I vote this way. That doesn't happen.
 

LosDaddie

Banned
I've long held the belief that it'll be another 5-4 ruling striking down the mandate, if not the entire bill. It's been clear to me since the legislation was passed.

And I should've saved all the responses I got in here about how intrade says Obamacare will be upheld, or how many constitutional "experts" have came out and said it'll be upheld. :)
 
I've long held the belief that it'll be another 5-4 ruling striking down the mandate, if not the entire bill. It's been clear to me since the legislation was passed.

And I should've saved all the responses I got in here about how intrade says Obamacare will be upheld, or how many constitutional "experts" have came out and said it'll be upheld. :)

How dare people side with legal precedence!
 

codhand

Member
Will peope stop talking about legacy like its something they argue when they decide?

They're not gonna sit there and say I think its unconstitutional but it will look better if I vote this way. That doesn't happen.

They actually did mention the lack of precedent for the case and the potential effects of overturning what could be considered the president's biggest achievement. I don't expect them to be any more explicit than that, in regards to their legacy.
 

markatisu

Member
And I should've saved all the responses I got in here about how intrade says Obamacare will be upheld, or how many constitutional "experts" have came out and said it'll be upheld. :)

Yeah you could have totally made an awesome post about how people can have optimistic opinions in a generally debbie downer area ;)
 

gcubed

Member
not even the AZ ruling. In the mandatory sentencing ruling Roberts, who read a second and separate dissent in the courtroom said that they should defer to the legislators that created the rule.

Thats a pretty bold thing to say, separately in his own dissent, a few days before he would come out and not defer to legislators.

i'm just here for the ride
 

eznark

Banned
I've long held the belief that it'll be another 5-4 ruling striking down the mandate, if not the entire bill. It's been clear to me since the legislation was passed.

And I should've saved all the responses I got in here about how intrade says Obamacare will be upheld, or how many constitutional "experts" have came out and said it'll be upheld. :)

Intrade is at 73% mandate unconstitutional.
 

LosDaddie

Banned
How dare people side with legal precedence!

Yeah, you can side with legal precedence, or, ya know, look at the make-up of the SCOTUS and understand why Repubs want cases like Citizens United, Obamacare, and abortion to be agrued in front of the court.



Yeah you could have totally made an awesome post about how people can have optimistic opinions in a generally debbie downer area ;)

I could, yes. :)
 
Yeah, you can side with legal precedence, or, ya know, look at the make-up of the SCOTUS and understand why Repubs want cases like Citizens United, Obamacare, and abortion to be agrued in front of the court.
You can't blame people for thinking the law will be upheld before the oral cases because it was clearly on the side of legal precedence (even still, some people think the law will be upheld).

But continue to voice your wish to have the opportunity to make a bragging post about a prediction you had that leads to people without health insurance that would otherwise have it under the law (and thus saving lives). Grand idea. You're so special, you!
 

LosDaddie

Banned
Intrade is at 73% mandate unconstitutional.

Yeah, that was before the oral arguments in March. But now? Yeah, intrade has flipped.



That would possibly lead to maximum hilarity...so I'm with you!

That would be awesome to watch unfold


You can't blame people for thinking the law will be upheld before the oral cases because it was clearly on the side of legal precedence (even still, some people think the law will be upheld).

But continue to voice your wish to have the opportunity to make a bragging post about a prediction you had that leads to people without health insurance that would otherwise have it under the law (thus saving lives). Grand idea. You're so special, you!

Legal precedence, or wishful thinking? I'm going with the latter.

And if I wanted to have a bragging post, then I would've bookmarked those posts to shove it people's faces. But I didn't. Why? Because I want HCR, too. But I imagine the meltdowns here and the OT thread will be entertaining.
 

Dude Abides

Banned
Um, legal precedence? If you go by the way SCOTUS has ruled for the past seventy-five years, it should've been obvious which way the decision would land.

Yep. If there's an argument against this being constitutional, it's the 5th amendment, not the Commerce Clause. But the SC is getting pretty hackish.
 

eznark

Banned
Yep. If there's an argument against this being constitutional, it's the 5th amendment, not the Commerce Clause. But the SC is getting pretty hackish.

This court (not exactly this court) already said fuck you to the 5th once with Kelo, probably wise to not argue that way if they wanted an overturn.
 
You know, if they released them, I would totally eat one of those giant rainbow Oreos.
Eating more than that would give me diabetes, but I'd totally eat at least one.
 
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