[rollei_list] Re: OT: Health Care Costs
- From: Marc James Small <marcsmall@xxxxxxxxxxx>
- To: rollei_list@xxxxxxxxxxxxx
- Date: Sun, 21 Mar 2010 21:15:01 -0400
At 08:45 PM 3/21/2010, Eric Goldstein wrote:
I've been watching on CSPAN. History on the making!
Well, no. It is just the lead-up to the Supreme
Court throwing it out in a return to the "General
Welfare Clause". Bear in mind that Chief Justice
Roberts told the ABA three years back that he was
seeking the proper case to re-examine the rulings
of the Court on this Clause in the 1930's, and
this case will fit the bill exactly.
Until the Hughes sell-out, the General Welfare
Clause had never been used to permit individual
benefits by the Federal government. From 1937,
it has been held to permit such things. Roberts
has said repeatedly that he disagrees with this
position so the Obamacare case will be the perfect vehicle for this.
Bear in mind, of course, that the mere passage of
this Bill doesn't finish the process, as it has
to go back to the Senate and several prominent
Democrat Senators have promised to vote against
the reconciliation bill. So it may not make it
out of Congress. But, if it does, a Federal
injunction will prevent it going into effect
until the case is fully litigated, a matter of at
least two, if not four, years.
Marc
msmall@xxxxxxxxxxxx
Cha robh bàs fir gun ghràs fir!
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