Supreme Court

[dtotire]

Some Republicans will challenge HCR in the Supreme Court. How will the SC decide? With this reactionary court it's hard to know. The argument is that this is not interstate commerce. Thomas probably will say that the law is definitely unconstitutional. I don't know about he rest. If Social Security was constitutional, then so is HCR. But what we don't about the views of the rest of the court.

[Javaman]

1. I postulated on just this same concept yesterday.

Here's what I wrote...

"HCR passes. freeps freak out, we dems (whether for or against) celebrate, SCOTUS via roberts rules it unconstitutional. We freak out, the freeps celebrate."

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7977269

[Ozymanithrax]

2. It really depends on the arguments. It may be easier to attacks aspects of the bill...

and hope to whittle it down so only the rich get it.

[Ozymanithrax]

4. Arguments against the unconstitutionality will be based on Article 1 section 8...

The same clause upon which they based the defense of Social Security, Medicare, and Medicaid.

Article 1, Section 8 states:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States."

Also, Medicare and Medicaid are settled law and Constitutional based upon the above clause. I don't think they will find five votes to redefine how that clause has been used for two centuries.

[quinnox]

3. I read that if the lawsuit heard by the supreme court is brought

by the states, then it will probably be ruled constitutional. But if the lawsuit is brought by an individual claiming harm, then it may be ruled unconstitutional or there is a chance of that ruling.

[Hosnon]

5. I don't think that the argument that it is not interstate commerce is the way to go.

The healthcare industry is, what, 1/6 of our economy?

[Ozymanithrax]

6. Medicare, Medicaid, and Schip touch health care i all states. All are constitutional.

Constitutionality is based on

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

It is the General Welfare clause. It covers Social Security, Medicare, Medicaid, and Schip. If the current health care bill were found unconstitutional, then that could be used to argue that Medicare, Medicaid, and Schip are illegal for the same reason. If Medicaid and Medicare are Constitutional, so is the current Health Care bill.

[RaleighNCDUer]

7. I don't see how it is NOT interstate commerce - when all people are

required to purchase private insurance, and such companies are based all over the states.

Also, SS does NOT require us to purchase something from a private company - the REAL equivalent to SS would be SINGLE PAYER, and this is the opposite of single payer.