Supreme Court upholds ACA 7-2 against Texas' bad faith argument

SteveGrabowski

Diamond Member
Oct 20, 2014
6,896
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Dissent was from Alito and Gorsucks. Very surprised to see Uncle Thomas not a Republiqan rubber stamp for once.
 
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Nov 8, 2012
20,828
4,777
146
OH MAH GAWWWWD!

SCOTUS has been ruined! The end is near! They will overturn Roe v. Wade and ruin all our freedumb!


Oh wait.... Not everything in life is something you can judge by an R or a D next to their name.
 

ch33zw1z

Lifer
Nov 4, 2004
37,768
18,046
146
OH MAH GAWWWWD!

SCOTUS has been ruined! The end is near! They will overturn Roe v. Wade and ruin all our freedumb!


Oh wait.... Not everything in life is something you can judge by an R or a D next to their name.

Umm, Its entirely reasonable to argue the plausibility that this SCOTUS will flip Roe vs Wade if it lands on their schedule. One thing doesn't not negate the other, but I wouldn't expect someone like yourself to get that.
 

K1052

Elite Member
Aug 21, 2003
46,061
33,106
136
Lol Alito really raging in that fat dissent is delicious.
 

sactoking

Diamond Member
Sep 24, 2007
7,525
2,727
136
Notwithstanding the vote split, this was the result pretty much all reasonable observers expected. The plaintiffs in Texas were making a flimsy, specious argument and the only reason it got this far is they filed in a venue very favorable to them without regard to the actual law.

Who would have thought that "We're being harmed because you're making us do this thing that you're not actually making us do!" wouldn't be recognized a legitimate argument?
 

K1052

Elite Member
Aug 21, 2003
46,061
33,106
136
Umm, Its entirely reasonable to argue the plausibility that this SCOTUS will flip Roe vs Wade if it lands on their schedule. One thing doesn't not negate the other, but I wouldn't expect someone like yourself to get that.

It is entirely probable, quite likely even, the court will broadly deem wide state level abortion restrictions entirely legal when it decides Dobbs next year.
 

fskimospy

Elite Member
Mar 10, 2006
84,061
48,073
136
The fact that this was not 9-0 shows how insane and corrupted the judiciary has become. This was perhaps the least meritorious case in SCOTUS history and had they ruled in favor of it the entire system of US law would have collapsed.

The idea that you can render an entire law unconstitutional by creating a nonexistent burden is so batshit that the entire opinion should have essentially been 'LOL'.
 

fskimospy

Elite Member
Mar 10, 2006
84,061
48,073
136
Terrible ruling. They didn't even have the guts to rule if the law is constitutional.
It should be self evident that if the provision of a law can't even inflict injury sufficient to provide standing then that provision can't be unconstitutionally coercive. So in effect they did rule, for the third time, that the ACA is constitutional.
 

Bitek

Lifer
Aug 2, 2001
10,647
5,220
136
OH MAH GAWWWWD!

SCOTUS has been ruined! The end is near! They will overturn Roe v. Wade and ruin all our freedumb!


Oh wait.... Not everything in life is something you can judge by an R or a D next to their name.

If justices don't matter, then why does McConnell block all D nominees, but fast tracks R nominees?

Why vow to block Biden's nominees going into 2024 cycle?
 

Bitek

Lifer
Aug 2, 2001
10,647
5,220
136

Dissent was from Alito and Gorsucks. Very surprised to see Uncle Thomas not a Republiqan rubber stamp for once.

Lots of activist whining from Alito in his dissent.

Gorsuck is sitting in a stolen seat, and should never been in a position to rule, or we should stuck to the precedent and let Biden pick RBGs replacement since he won the election.
 
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fskimospy

Elite Member
Mar 10, 2006
84,061
48,073
136
Lots of activist whining from Alito in his dissent.

Gorsuck is sitting in a stolen seat, and should never been in a position to rule, or we should stuck to the precedent and let Biden pick RBGs replacement since he won the election.
It's pretty amusing that Alito whines about judicial inventiveness while simultaneously arguing that a penalty of $0 is sufficient injury to confer standing.
 
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Moonbeam

Elite Member
Nov 24, 1999
72,435
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It's pretty amusing that Alito whines about judicial inventiveness while simultaneously arguing that a penalty of $0 is sufficient injury to confer standing.
I am pretty sure you aren't actually amused because, at least for me, I can't get out of my mind the real injury that would have been caused to millions of Americans had a few more justices thought similarly.
 

ivwshane

Lifer
May 15, 2000
32,229
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I love the irony of this ruling! Because of republicans, the mandate was invalidated and essentially made non existent. Because of that republicans no longer have standing because there isn’t any harm from a violation of a mandate that has no consequences if not followed.
 
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fskimospy

Elite Member
Mar 10, 2006
84,061
48,073
136
I love the irony of this ruling! Because of republicans, the mandate was invalidated and essentially made non existent. Because of that republicans no longer have standing because there isn’t any harm from a violation of a mandate that has no consequences if not followed.

We really need to remember the absolutely insane legal reasoning in this case as a whole:

1) A tax of $0 is an injury sufficient to grant standing.
2) That tax of $0 makes it no longer a tax, therefore the individual mandate is unconstitutionally coercive because it's no longer coercing anything.
3) Because the individual mandate is unconstitutional, the entire law must be invalidated because Congress viewed the penalty of nothing as so important the law cannot survive without it.
4) Congress explicitly meant for the law to be struck down in its entirely because it passed this unconstitutional provision, despite Congress attempting to invalidate the law repeatedly and failing due to lack of support.

It's just moon logic, yet two supreme court justices thought it was a great idea.
 

Sunburn74

Diamond Member
Oct 5, 2009
5,027
2,595
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Honestly the serpentine logic needed to vote in favor is mind boggling. If that's really how he thinks, I don't know how that gorsuch guy gets out of bed without being instantly paralyzed by the decisions like wearing underwear and brushing teeth.
 

hal2kilo

Lifer
Feb 24, 2009
23,442
10,333
136
Notwithstanding the vote split, this was the result pretty much all reasonable observers expected. The plaintiffs in Texas were making a flimsy, specious argument and the only reason it got this far is they filed in a venue very favorable to them without regard to the actual law.

Who would have thought that "We're being harmed because you're making us do this thing that you're not actually making us do!" wouldn't be recognized a legitimate argument?
Most "you don't have standing" suits should even get to the SCOTUS.
 

Zorba

Lifer
Oct 22, 1999
14,552
9,928
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So, the Republicans… in getting rid of the penalty… saved Obamacare?

Again?
No, with the penalty it is a constitutional tax. The claim was without the penalty it's no longer a tax, therefore it was just a mandate and the unenforced mandate was a burden.