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The Power of the SCOTUS Part VII - The Bedrock of the Republic!

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Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

unofan said:
As SCOTUSblog pointed out, a more liberal court probably doesn't even grant cert on either of the two cases decided today. There was no circuit split in the FHA case, and the ACA case was a long shot before SCOTUS granted cert.

So just because the court went left in the opinions doesn't mean the court itself is left.

It could be that the conservative wing is simply granting cert in more long shot cases, figuring it has nothing to lose. Meanwhile the liberal wing is not voting to grant cert as much, since it would have a lot to lose.
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What I would say as a casual observer is that this court is falling into pretty predictable patterns now that this case is settled. In his ruling Roberts seems to be emphatically denouncing efforts to destroy the healthcare law just for the sake of taking it down through any means possible. I believe he even cited the success of the Massachuesetts law. The grifter that helped file this lawsuit was saying they'll be ACA lawsuits for years to come. Good for him if he can keep suckering people for donations to file these suits but who seriously thinks Roberts, who's twice been given the opportunity to overturn the law, wants to? Even worse is Kennedy essentually switched his vote.

So with the court, it seems on the ACA, criminal justice, and gay rights they're going left. On corporate issues they're firmly right with the exception of environmental rulings where they've been surprisingly even handed. Voting rights they seem to lean a bit to the right.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Rover said:
What I would say as a casual observer is that this court is falling into pretty predictable patterns now that this case is settled. In his ruling Roberts seems to be emphatically denouncing efforts to destroy the healthcare law just for the sake of taking it down through any means possible. I believe he even cited the success of the Massachuesetts law. The grifter that helped file this lawsuit was saying they'll be ACA lawsuits for years to come. Good for him if he can keep suckering people for donations to file these suits but who seriously thinks Roberts, who's twice been given the opportunity to overturn the law, wants to? Even worse is Kennedy essentually switched his vote.

So with the court, it seems on the ACA, criminal justice, and gay rights they're going left. On corporate issues they're firmly right with the exception of environmental rulings where they've been surprisingly even handed. Voting rights they seem to lean a bit to the right.
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I hear after the 10th Supreme Court case against ACA, they'll get an 11th for free.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Rimbaud said:
I hear after the 10th Supreme Court case against ACA, they'll get an 11th for free.
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And Fishy will still be out here saying THAT is the case that will finally undo the ACA! Because its all part of Roberts secret plan or something...;)
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

If GOP wins in 2016, an Executive Order can wipe out the whole thing.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

joecct said:
If GOP wins in 2016, an Executive Order can wipe out the whole thing.
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That will be the one right after they restart torture.

If the GOP has a sweep of both chambers and the White House, they'll just pass a law that effectively retracts Obamacare with the exception of some sweetener (pre-existing, unless the insurance donors say no) so they can say they're not just going back to the old ways. And then we'll go back to the old ways.

Just another reason to vote Democratic.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

joecct said:
If GOP wins in 2016, an Executive Order can wipe out the whole thing.
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Even as a conservative, is that really how you want this played? I know I don't. Executive Orders are not the place for changing policy like this. Neither side should use them in this way.

If GOP wins in 2016 and want to take this up, they shouldn't need an executive order anyway.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

joecct said:
If GOP wins in 2016, an Executive Order can wipe out the whole thing.
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That's about the stupidest thing you've ever written. Are you channeling Fishy or Flaggy? You can't waive laws with an executive order. If you did that anybody who lost a subsidy would be in court the next day, where the case would end up before...that's right the SCOTUS. Get a grip, will ya?
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

60 posts in an hour... a PPACA decision must have come down...

And I bet it's 5-4, too.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Rover said:
That's about the stupidest thing you've ever written. Are you channeling Fishy or Flaggy? You can't waive laws with an executive order. If you did that anybody who lost a subsidy would be in court the next day, where the case would end up before...that's right the SCOTUS. Get a grip, will ya?
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It looks like you're frothing at the mouth in response to joe's glib bit of sarcasm. Unnerved a bit by the possibility of it all, hmm?
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

FlagDUDE08 said:
60 posts in an hour... a PPACA decision must have come down...

And I bet it's 5-4, too.
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You should have been here. It was as close to an orgy as the Cafe gets.

Now there's an image... I'm glad I've never met most of you folks so I can continue to imagine what y'all look like.
 
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Rover said:
That's about the stupidest thing you've ever written. Are you channeling Fishy or Flaggy? You can't waive laws with an executive order. If you did that anybody who lost a subsidy would be in court the next day, where the case would end up before...that's right the SCOTUS. Get a grip, will ya?
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Surely you jest.
 
joecct said:
If GOP wins in 2016, an Executive Order can wipe out the whole thing.
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It's interesting. The way the ruling went, it's doubtful that is the case. Roberts specifically said Congress could not have intended to have left this up to the IRS, therefore it didn't even get into the administrative regs or Chevron deference. Therefore I don't think a future administration can just change it without congressional approval.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Rover said:
That's about the stupidest thing you've ever written. Are you channeling Fishy or Flaggy? You can't waive laws with an executive order. If you did that anybody who lost a subsidy would be in court the next day, where the case would end up before...that's right the SCOTUS. Get a grip, will ya?
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Technically, it is constitutional to waive a law if the President believes it to be unconstitutional, as even Thomas Jefferson did this. However, in this case, it is true that because SCOTUS has ruled it to be constitutional, it must stand. This will not preclude SCOTUS from ruling in the other direction in the future, as is what happened with Jim Crow laws.

And Shirtless, I'm sure if it were to happen, the response would be, "Turnabout is fair play."
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

FlagDUDE08 said:
Technically, it is constitutional to waive a law if the President believes it to be unconstitutional, as even Thomas Jefferson did this. However, in this case, it is true that because SCOTUS has ruled it to be constitutional, it must stand. This will not preclude SCOTUS from ruling in the other direction in the future, as is what happened with Jim Crow laws.

And Shirtless, I'm sure if it were to happen, the response would be, "Turnabout is fair play."
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I know what you're saying but I'm really sick of both parties playing both sides. If its wrong for a democrat to do something, I can't be afraid to call out a conservative for doing the same things. How many sound bites are there of Obama the Senator saying something is wrong while Obama the President does the same exact thing when given the chance? Neither side should be forgiven for such things.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

To summarize King v Burwell: "Scriveners' error. Move on."

Not at all a surprise, pretty much as expected.
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Shirtless Guy said:
I know what you're saying but I'm really sick of both parties playing both sides. If its wrong for a democrat to do something, I can't be afraid to call out a conservative for doing the same things. How many sound bites are there of Obama the Senator saying something is wrong while Obama the President does the same exact thing when given the chance? Neither side should be forgiven for such things.
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'Twas ever thus. I can't think of a period in American history when this was any worse or any better than today. Even the Founders did it, and we've never had a constellation of stars as intelligent, high-minded, or genuinely devoted to democratic values.

It is the nature of politics to goad your opponent into dropping his sword, only to pick it up and run him through with it. We aspire to more, but the number of politicians who have been honorable in that way is probably countable on one hand.

https://www.youtube.com/watch?v=zzijOEHcFxk
 
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Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Kepler said:
'Twas ever thus. I can't think of a period in American history when this was any worse or any better than today. Even the Founders did it, and we've never had a constellation of stars as intelligent, high-minded, or genuinely devoted to democratic values.

It is the nature of politics to goad your opponent into dropping his sword, only to pick it up and run him through with it. We aspire to more, but the number of politicians who have been honorable in that way is probably countable on one hand.
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Honorable people tend to avoid politics for this and many other reasons...
 
Re: The Power of the SCOTUS Part VII - The Bedrock of the Republic!

Shirtless Guy said:
I know what you're saying but I'm really sick of both parties playing both sides. If its wrong for a democrat to do something, I can't be afraid to call out a conservative for doing the same things. How many sound bites are there of Obama the Senator saying something is wrong while Obama the President does the same exact thing when given the chance? Neither side should be forgiven for such things.
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You're preaching to the choir on this one. It's one of the reasons I decided to start supporting third party. Sometimes it takes a changing of the guard to understand that you have been duped by two parties that share the same end agenda (albeit with a different process to achieve it).
 
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