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kudzu22

(1,273 posts)

27. It probably would survive

Reply to subterranean (Reply #26)

Thu Mar 29, 2012, 12:37 PM

Mar 2012

if the law had simply raised everyone's tax by $700, and then allowed a $700 deduction if you have qualifying coverage. However, that might have thrown the CBO budget numbers above where they could claim that it was a deficit savings. Plus, the right could have claimed that the law raises taxes on the poor, and technically they would have been right. I'd guess those are the main reasons Congress didn't go that route.

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Correct me if I'm wrong, but I believe SCOTUS can rule against the mandate BUT [View all] joeybee12 Mar 2012 OP

There's no severability clause in the law. It's all or nothing, AFAIK. nt Poll_Blind Mar 2012 #1

On the contrary. In general, the SCOTUS will strike down unConstitutional provisions, and Romulox Mar 2012 #18

Without a severability clause, the court reserves the right.... BlueDemKev Mar 2012 #22

They can, but they have to protect their cronies in the insurance industry adigal Mar 2012 #23

Good point- I was listening to the audio from today and Justice Breyer (?) brought that up. Poll_Blind Mar 2012 #24

Loss Of The Mandate Pretty Much Scuttles The Plan TheMastersNemesis Mar 2012 #2

Obama administration: If the mandate goes, the consumer protections should also go. subterranean Mar 2012 #3

I didn't realize the administration asked that... joeybee12 Mar 2012 #6

Naive. SpencerShay Mar 2012 #7

Obama was naive PERIOD. BlueDemKev Mar 2012 #20

Well there it is. great white snark Mar 2012 #30

I think they gambled that the Court wouldn't have the guts kudzu22 Mar 2012 #10

Sounds like it...nt joeybee12 Mar 2012 #11

I agree with you - I don't understand the President's gamble karynnj Mar 2012 #13

Reason & logic have nothing to do with Scotus. Only what the corporations want.(in this case,.... dmosh42 Mar 2012 #4

but the insurance companies WANT the mandate. ellenfl Mar 2012 #15

Honestly that was the one thing that I was most challenged about with Obama's healthcare LynneSin Mar 2012 #5

If they put in a public option to counter the mandate, I would joeybee12 Mar 2012 #14

The supreme court can do whatever it wants, severability or not kudzu22 Mar 2012 #8

It is hard to believe the corporate judges would keep Johonny Mar 2012 #9

True, Scalia, Roberts and the others are just toadies for corporations... joeybee12 Mar 2012 #12

None of the other parts of the bill "have" to be struck down if the mandate is... Romulox Mar 2012 #19

Of course they don't have to kudzu22 Mar 2012 #25

The Extreme Court can not write Law...Period Bandit Mar 2012 #28

There are ways to make it work without the mandate. subterranean Mar 2012 #26

It probably would survive kudzu22 Mar 2012 #27

OR do they punt this down the road a couple of years, using the fact that madinmaryland Mar 2012 #16

No, The Supreme Court.... BlueDemKev Mar 2012 #21

Don't Hold Your Breath.... BlueDemKev Mar 2012 #17

If the Fascist Five strike down the ACA meow2u3 Mar 2012 #29