POLL: Do You Favor The Obamacare Ruling?


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10 COMMENTS

  1. I’m unsure about Obama Care but I don’t understand how people on Jersey Care can complain about socialized medicine. If the taxpayers are paying for your insurance you have no say about how they do so.

  2. It is ironic that the press and the public see the ruling as permissive when it is the most significant judicial restriction on the power of Congress since 1937.

    Firstly, the Article I, Sec. 8 Spending Power of Congress has been severely curtailed. When Cordozo, writing for the Court upholding the Social Security Act in Stewart Machine (1937), spoke in dicta of Congress using the spending clause to coerce the states, he was talking about giving money to coerce the states outside of the purpose of the money. If the government can stop funding Medicare, why can’t it make future funding dependent upon whatever condition they want?

    This is highly significant.

    Secondly, we now have another restriction on the commerce power. In Lopez, the sale of guns in school zones was too attenuated from interstate commerce to fall within the power of Congress. In Morrison, federal act punishing crimes against women was not economic enough to come under interstate commerce. And now, even if the regulation is highly economic in nature — the act may only encompass activity, not force people to act.

    The new federalism is a return to the dual federalism of the Laisez Faire Court in which Justice Holmes and Brandeis so vigorously dissented.

  3. It is ironic that the press and the public see the ruling as permissive when it is the most significant judicial restriction on the power of Congress since 1937.

    Firstly, the Article I, Sec. 8 Spending Power of Congress has been severely curtailed. When Cordozo, writing for the Court, upheld the Social Security Act, he spoke in dicta about Congress potentially using the spending clause to coerce the states. He was talking about giving money to coerce the states outside of the purpose of the money. If the government can stop funding Medicare, why can’t it make future funding dependent upon whatever condition they want?

    This is highly significant.

    Secondly, we now have another restriction on the commerce power. In Lopez, the sale of guns in school zones was not interstate enough to fall within the power of Congress. In Morrison, federal act punishing crimes against women was not economic enough to come under interstate commerce. And now, even if the regulation is highly economic in nature — the act may only encompass activity, not force people to act.

    The New Federalism is a return to the dual federalism of the Laisez Faire Court in which Justice Holmes and Brandeis so vigorously dissented.

  4. the ruling by justice Roberts was in complete line with what the republicans were saying “your taxing the middle class” how can Hannity go on complaining that obama is taxing the middle class than complain that Roberts is calling it a tax! it is a tax an outrageous one but so is many other taxes and obama has to go!

  5. I think Justice Roberts was very clever on this ruling. It leaves some of the legislation intact, defeats the medicaid clause from holding states hostage and declares the mandate a tax, which it really is. In so doing, I believe he gives Romney a distinct advantage in the presidential race and seals Obama’s doom. Roberts is no fool. The majority of this legislation will be overturned next year, parts will be retained.

  6. What a horrible ruling!! It shows how much we need to get rid of every socialist liberal out there, from OblameO all the way down. This ruling shows how important it is to have true conservative judges who rule based on the Constitution only. Obama put Kagan and Sotameyor (sic?) on the bench for this reason. In all probability 2 justices will be retiring during the next four years. Do you really want more uber leftists on the court? CHAS V’chalila!!!!!!

    And if you are foolish enough to think this is free, you don’t understand Liberty because now the govt controlls your life from cradle to grave. If you have sick relatives, kiss ’em goodbye now because the govt won’t pay to keep them alive!!!

  7. I dont understand how almost 600 people claim it wont affect them. These people MUST living in lalaland. This will affect EVERYONE. If you have a sick reative whom the docs or the govt feels there is no chance for, you better kiss them goodbye now because they are as good as dead. Based on this law ANYTHING and I mean ANYTHING could be mandated in the giuse of “health” so suddenly Mayor Arrogant Bloomberg’s Larger Than Sixteen Ounce “Sugar” Drink Ban COULD be made into a law.

    People are soooooo foolish. NOTHING is free and SOMEONE will pay for it. I dont want to or have to pay for you by the force of the govt.

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