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Why progressive democrats should be the ones to challenge the constitutionality of the HCR bill

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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:13 AM
Original message
Why progressive democrats should be the ones to challenge the constitutionality of the HCR bill
If we bring the case to the supreme court, instead of the right wing, we can get the case to focus on the unconstitutional nature of the mandate alone, instead of the entire bill.

If we can get the mandate removed, and leave the rest of the bill in tact, it's actually not such a bad deal.

Big insurance will be forced to cover more people, but we will not be forced to purchase their crappy product!

This will give them less money to fugt against the good reforms in the bill.
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zipplewrath Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:15 AM
Response to Original message
1. Not an entirely bad idea
I'm a tad concerned about bringing ANYTHING before this court. And it isn't clear that one could keep the right wing out of the suit. i.e. the court could "join" two separate suits.
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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:58 AM
Response to Reply #1
6. Good point. But we know the suit will come, is it in our best interest to be able to manipulate in
some fashion?
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Richardo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:17 AM
Response to Original message
2. I wouldn't put anything I care about at all in front of those 5 GOP turds.
Edited on Thu Mar-18-10 08:18 AM by Richardo
Like you could limit the scope of their decision. Uh-huh. Right.
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lunatica Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:20 AM
Response to Original message
3. I hope it happens
But with Corporations having personhood there's no telling what the Supreme Court will rule. It's still worth a try though. And if the Supremes uphold it then we can try again. That's what's good about our legal system.
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:20 AM
Response to Original message
4. None of this will work until you remove profit from the middle of the delivery of basic care
Edited on Thu Mar-18-10 08:24 AM by kenny blankenship
that is what all successful countries have done, in a variety of different systems.
Though I do agree with you, a federal mandate on individuals to buy a product at profit is something new under the sun, and ought to be unConstitutional, and if it isn't we are all in a shitload of danger. It may be the first of its kind, but it won't be the last.
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Nite Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 08:21 AM
Response to Original message
5. The purpose of the mandate
was for the insurance companies. Obama said they couldn't afford to include everyone unless they had a mandate. No mandate they would go bankrupt. That could lead to a much better system for us. The mandate is capitalism at its worse, they need to die.
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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-18-10 09:01 AM
Response to Reply #5
7. The possibility exsists that the court could remove the mandate as law, while allowing the rest of
bill to stand.

I think WHEN the RW challenges it, they will try to strike the entire law.
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