Could Obamacare Go the Way of McCain-Feingold?

[Geee]

American Spectator:

Last June, upon learning that the Supreme Court had ruled Obamacare's individual mandate constitutional, many observers were forced to concur with the Dickens character who opined, "If the law supposes that… the law is an ass." Yet, the increasing number of anti-PPACA lawsuits that have been receiving serious attention from the courts suggests that the legal system may not be as irrational as it seemed when Chief Justice John Roberts began braying from the bench on June 28. If this seems Pollyannaish, consider the fate of McCain-Feingold.

In December of 2003, many were just as shocked and dismayed when the Supreme Court upheld the Bipartisan Campaign Reform Act (BCRA) as they were by the bizarre Obamacare decision. BCRA was an outrageous assault on the First Amendment, and yet the Court allowed most of its provisions to stand. Yet, anyone who had predicted that McCain-Feingold, as this abomination was more commonly known, would be moribund a mere six years and one month after the Court had ruled it constitutional would have been disregarded as hopelessly naïve.

Nonetheless, the opponents of McCain-Feingold launched a series of legal attacks that met with little success until 2007, when the Court ruled in FEC v. Wisconsin Right to Life. In that decision, the justices ruled unconstitutional the law's proscription against campaign ads mentioning candidates by name within a certain period prior to an election. Then, in 2008, the Court voided another crucial provision in Davis v. FEC. Finally, in early 2010, the Court delivered the coup de gras with its landmark ruling in Citizens United v. FEC.

[Draggingtree]

The American Spectator:

 

Could Obamacare Go the Way of McCain-Feingold?

 

 

By David Catron on 11.30.12 @ 6:10AM

 

The "Affordable Care Act" might die a death of a thousand legal cuts.

 

Last June, upon learning that the Supreme Court had ruled Obamacare's individual mandate constitutional, many observers were forced to concur with the Dickens character who opined, "If the law supposes that… the law is an ass." Yet, the increasing number of anti-PPACA lawsuits that have been receiving serious attention from the courts suggests that the legal system may not be as irrational as it seemed when Chief Justice John Roberts began braying from the bench on June 28. If this seems Pollyannaish, consider the fate of McCain-Feingold.

 

And, no list of Obamacare lawsuits would be complete without mentioning the Oklahoma lawsuit challenging the illegal IRS rule by which the Obama administration will attempt to funnel tax credits and subsidies through federally-created exchanges, despite the law's stipulation that such premium-assistance can only be offered via state-run exchanges. This litigation is, in many ways, the most important of all the lawsuits. Without its insurance exchanges, and the accompanying subsidies, Obamacare will crash and burn.

[Pepper]

@Draggingtree

 

Unfortunately the dismal key sentence lies in the last paragraph of the article.

[jaol1fe]

This article brings up some good points. I just pray that this monstrosity of a trojan horse is killed. The issue about getting it done before any of the conservative supremes pass on is a major one.

[Draggingtree]

Dislodging Obamacare

 

The healthcare law is still unpopular, unsustainable and vulnerable

 

By Michael F. Cannon

 

November 30, 2012

 

Republicans believed a Mitt Romney win would seal Obamacare's fate. Democrats — or rather, the lonely two-fifths of Americans who support the president's beleaguered healthcare law — believed an Obama win would secure its future. Both sides were kidding themselves.

 

Democrats are likewise deluding themselves if they think the law is safe because Obama wields the veto pen. The greatest threat to Obamacare was never a Romney presidency but Obamacare itself.

 

Other legal challenges could also bring down the law. The Pacific Legal Foundation is challenging the individual mandate, which originated in the Senate, even though the Constitution requires that tax measures originate in the House.

 

http://www.latimes.com/news/opinion/commentary/la-oe-cannon-defeat-obamacare-20121130,0,2513321.story

[Geee]

*

[clearvision]

This article brings up some good points. I just pray that this monstrosity of a trojan horse is killed. The issue about getting it done before any of the conservative supremes pass on is a major one.

@jaol1fe Welcome back to TRR!!!