IchorFigure Posted March 7, 2012 Report Share Posted March 7, 2012 Later this month on the 26th it's go-time for hearings on the Obamacare in SCOTUS. We won't hear anything for a while, but I'm curious what you guys think about it. What are your predictions or hopes for their ruling? I honestly can't say I have much of a clue what to expect. I don't get a sense that knowledgeable commentators in the media have any good guess either. The way it seems to me is that it's got to go largely one way or the other. To strike down the mandate but not the rest would just be strange. Quote Link to comment Share on other sites More sharing options...
softwareNerd Posted March 7, 2012 Report Share Posted March 7, 2012 Later this month on the 26th it's go-time for hearings on the Obamacare in SCOTUS.Is the "individual mandate" is the central issue in this case? Given that the history of everything else the court allows, I can't see why an "individual mandate" is relatively objectionable. However, since the court is currently Republican, I guess there is a some chance that they will rationalize some objection to the individual mandate along a 5-4 split. I think the chance is very slight, given that the Republican establishment (e.g. Romney and Gingrich) think a mandate is fine, and the judges probably think along similar lines. Of course, the judges will listen to the arguments one way and the other, and it is tough to predict what will move them. Here are some links from the Freespace blog, by lawyer Timothy Sandefur: Liberty and federalism in the Individual Mandate cases The smug analogy falls flat GOP's Obamacare problem Quote Link to comment Share on other sites More sharing options...
FeatherFall Posted March 7, 2012 Report Share Posted March 7, 2012 From what I understand, the individual mandate of the PPACA is the most vulnerable provision. Coupled with the fact that the law does not have a (relatively common) severability clause, the individual mandate could bring down the entire law. Quote Link to comment Share on other sites More sharing options...
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