TRUMP SEEKING TO ERADICATE OBAMA CARE! DOES THIS AFFECT YOU?ObamaCare on Trial - Nine Justices will decide the fate of ObamaCare
As JOURNALISTS and LAWYERS understand it, the PROBLEM WITH TRUMP SUPREMES DECLARING OBAMA CARE and those FINES UNCONSTITUTIONAL IS.... Many people right now HAVE that kind of health plan and would LOSE it the sec they do that. But the FINES IF UNPROTECTED law is unconstitutional. See:Never has anyone seen a situation where BOTH WAYS ARE PERILOUS. Other than THAT, it's CLEARLY a GOOD INTENTION wrapped in a bad bad plan!
ANOTHER, DIFFERENT article found online, BELOW.
in other words, THE BALL IS IN THE FASCIST SUPREME COURT'S COURT! (Not Ruth or the girls.)Fundamental to our system of governance is the concept of federalism -- the division of power
between the federal government and the states. Cemented in the Constitution, this concept provides
the federal government with only certain, specific ("enumerated") powers, while the states hold all
other powers of governance over the individual. This division, along with separation of the federal
powers into executive, legislative and judicial branches of government, is the bedrock that secures
individual liberty in the U.S.Although federalism has eroded significantly in the last century, it faces its most serious threat via the
Patient Protection and Affordable Care Act, better known as ObamaCare. This week the Supreme
Court of the United States (SCOTUS) heard six hours of oral arguments over three days -- the
longest amount of time allotted in almost half a century -- and a record-setting 130 amicus briefs in
cases consolidated under the title, Department of Health and Human Services, et al., vs. State of
Florida, et al., which challenge the constitutionality of the law.Day One: Can the Court even hear the case? Before SCOTUS can reach the merits of this
case, it must first decide whether it is properly before the court. Under the 1867 Anti-Injunction
Act, taxpayers may not challenge a tax until it is actually collected. While ObamaCare compels
individuals to buy health insurance or pay a penalty, this provision is inoperative until 2014.
Democrats specifically chose language in the law that avoided the term "tax" in order to evade the
certain political accountability associated with raising taxes. If the Court finds that ObamaCare does
impose a tax, then it could use the Anti-Injunction Act to sidestep a decision on ObamaCare until
that date. The states argue that ObamaCare is not a "tax" and thus falls outside the bounds of the
Anti-Injunctive Act.Interestingly, most scholars and pundits on the legal left believe ObamaCare could survive a
constitutional challenge by seeking refuge in the enumerated Taxing and Spending power. This
notion put the administration's lead attorney, Solicitor General Donald Verrilli, in the unenviable
Catch-22 of having to argue on Monday that ObamaCare is not a tax in order to reach the merits
of the case, and then on Tuesday arguing that it is a tax in order to assert that Congress has the
lawful power to impose ObamaCare's individual mandate. Justice Samuel Alito asked Verrilli
whether he could identify any other case in which a court had ruled something as "not-a-tax" under
the Anti-Injunction Act while still holding it constitutional as a taxing power. The short answer is,
"No."Day Two: Is the "individual mandate" constitutional? The "individual mandate" -- the lynchpin
of ObamaCare -- refers to the law's provision to compel an individual to buy health insurance.
Although this provision has several moving parts, the central issue hinges on whether the Commerce
Clause, which empowers Congress to "regulate" commerce among the states, allows Congress to
force individuals to engage in commerce so as to then be regulated. If the Court upholds the
individual mandate, then virtually no limit exists to the power Congress has over the individual.
Obtusely, the Left argues that an individual's choice not to participate in a certain market therefore
affects that market, thus subjecting individuals to regulation.From a practical standpoint, the pivotal vote is Justice Anthony Kennedy, who asserted that
government has a "heavy burden" to establish its "suggested fundamental changes between the role
of government and its citizens." His other major concern was that he could not find a "limiting
principle" in the mandate, were it upheld. That is, if Congress is allowed to compel citizens to
purchase health insurance, where is the limit to its power?Justice Antonin Scalia pressed, "Why do you define the 'market' that broadly: 'Health care?' It may
be that everybody needs health care sooner or later, but not everybody needs a heart transplant; not
everybody needs a liver transplant. Could you define the market such that everybody has to buy
food, sooner or later? So you define the market as food; therefore, everybody's in the market;
therefore, you can make people buy broccoli?"Day Three: Severability -- is ObamaCare salvageable apart from the mandate? Though
ObamaCare is a statute few have actually read in its entirety, including the legislators who passed it,
the Justices will decide whether the 2,700-page leviathan can be broken into parts so that those
deemed unconstitutional can be discarded and those that are left can remain law. That the statute
has myriad complexities is without debate. Recall then-House Speaker Nancy Pelosi's Leftspeak,
"We have to pass the bill so that you can find out what is in it."Now that "what is in it" has become clearer, the question is whether this poison pill law must be
swallowed whole -- and it seems to be an easy answer. Since the individual mandate is the heart of
ObamaCare, if that provision dies, then so must the rest of the law. Of all the cases heard in lower
courts, only one federal judge struck down the entire law on these grounds, but based upon the
tenor of Wednesday's oral arguments we think the Court might agree. The Court is not fond of
gutting statutes and recreating from whole cloth the provisions it thinks Congress intended. Indeed,
the Court has traditionally viewed this as a dangerous practice that introduces the Court to
legislative functions the Constitution never intended.Also during Wednesday's sessions was a review of the expansion of Medicaid coverage. Plaintiff
states challenge the expansion as a coercive intrusion into state sovereignty because the federal
government is dictating to the states that they must cover costs of the expansion or risk loss of
federal funds. Although the SCOTUS has previously held that such "purse string" arrangements are
constitutional, the states are challenging the extent to which that ruling applies, in light of the
overwhelming burden the federal government will be saddling upon the states.In any event, it's hard to overstate what is at stake in SCOTUS' decision in this case. Simply put, if
ObamaCare stands, no legal, political or practical limit will bar the federal government from forcing
individuals to do whatever it wishes -- buying health insurance is just the tip of the iceberg. If it falls,
stay tuned for the Left to push for a single-payer system, in which the government becomes the
nation's insurance company.For now, we remain hopeful and trust that the High Court will come down on the side of Essential
Liberty and justice in lieu of "individual mandates" and leftists' warped sense of "fairness." The
Justices vote today, but the decision and opinions won't be released until the end of June. Another
decision is expected at the November polls, and we're looking forward to positive outcomes in
both.* * * * * * * * * * * * * * * * * * *
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