SCOTUS hears arguments for/against Healthcare bill

[PiKA2001]

Originally Posted by DeltaBetaBaby

Today's ruling had nothing to do with the Commerce Clause.

Um why do you say that? AFAIK the main reason there was a ruling on this to begin with was because of the Commerce Clause.

[LAblondeGPhi]

Originally Posted by PiKA2001

Um why do you say that? AFAIK the main reason there was a ruling on this to begin with was because of the Commerce Clause.

My guess is because the ruling specifically said the individual mandate doesn't work under the Commerce Clause, but that it does work under the fed's ability to levy taxes.

Ghostwriter kept mentioning how this decision changes the ballgame in terms of federal power, and then used an article talking about how flimsy the Commerce Clause argument was. Well, apparently his linked article is right, and SCOTUS didn't change anything about how the Commerce Clause can be applied.

[TonyB06]

Originally Posted by LAblondeGPhi

My guess is because the ruling specifically said the individual mandate doesn't work under the Commerce Clause, but that it does work under the fed's ability to levy taxes.

Ghostwriter kept mentioning how this decision changes the ballgame in terms of federal power, and then used an article talking about how flimsy the Commerce Clause argument was. Well, apparently his linked article is right, and SCOTUS didn't change anything about how the Commerce Clause can be applied.

I agree w/ yours and DeltaBetaBaby's (?) earlier post but am pretty sure read that Ginsburg, in her separate opinion (presuming here that she spoke for at a least a segment of the other concurring "yes" voting block) said she had no problem with the individual mandate being consitutional under the Commerce Clause. It was Chief Justice Roberts' use of the taxing authority arugment that brought about his crucial 5th vote.

[AOII Angel]

Originally Posted by TonyB06

I agree w/ yours and DeltaBetaBaby's (?) earlier post but am pretty sure read that Ginsburg, in her separate opinion (presuming here that she spoke for at a least a segment of the other concurring "yes" voting block) said she had no problem with the individual mandate being consitutional under the Commerce Clause. It was Chief Justice Roberts' use of the taxing authority arugment that brought about his crucial 5th vote.

The commerce clause argument doesn't pass by a majority opinion, though. The majority agree that Congress has the right to levy a tax. The majority do NOT agree that Congress has the right to force you to buy health insurance under the Commerce clause. The more liberal leaning justices all agree that congress can do this, but that is no more valid than the opinion that the entire law is invalid held by the conservative justices.