BIG SCOTUS Decision Tomorrow on ACA

I don’t have a prediction.

Scalia has demonstrated that he has no respect for the constitution, and he’s a RW/GOP hack, but protecting insurance companies is a RW cause, so who knows how he and the other 3 RW judges will rule? Lord knows, protecting corporate profits rules Alito’s world. IMO, Alito’s the worst judge of the 20th and 21st centuries, although Thomas certainly gives him a run for the money. Roberts is another RW hack, but he shows occasional flashes of sanity and objectivity, so his vote on the mandate is a mystery, to me.

I think Kagan, Sotomayor, Ginsburg, and Breyer will uphold the constitution, but I’m not sure what that means in terms of the individual mandate. They’ll uphold the rest of the law, but maybe not the mandate.

Which, as usual, leaves Kennedy making the decision. Probably. Like I said, I don’t really have a prediction. If I absolutely had to guess, and I don’t, I’d bet on Scalia upholding the mandate but nothing else, with Alito and Thomas joining him. That was sort of tongue in cheek, but I have to believe it’s crossed their foul minds.

OK, if I have to guess, I’m betting the mandate will fall, but “severability” will allow the rest of the law to remain. Probably 5-4 on the mandate, and 7-3 on “severability”. Alito, Thomas, and Scalia are just politically motivated hacks at this point, and they’ll rule to overturn the whole thing. Roberts will join along with Kennedy and “the liberals” on maintaining the rest of the law.

But that’s not why I’m posting. Check this out;

If Health Care Law Struck Down, House Progressives to Push Single-Payer Option

While the White House, Congressional Republicans and Mitt Romney’s Presidential Campaign have probably worked out how they are going to react to the Supreme Court ruling, expected tomorrow, on President Obama’s health care law, the House Progressive Caucus is preparing themselves as well. According to Progressive Caucus c-chair Representative Keith Ellison, they are going to start pushing a single-payer system they are going to term “Medicare For All”.

In an interview with The Huffington Post Ellison said that a single-payer, publicly funded and administered program is the easiest and cheapest way to cover all Americans. He also said that all 75 members of the Progressive Caucus had signed onto the plan.

I’m going to repeat this ad nauseum (the beatings will continue until morale improves); there are NO progressive Republicans. There IS a difference between the two parties.

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  1. Timbuk3’s avatar

    Bonus!:

    Ben Nelson: Activist Supreme Court Would ‘Pave The Way To A Single-Payer System’

    Retiring Sen. Ben Nelson (D-NE) — the most conservative Democratic senator, and the member of the caucus who held out longest before voting for the Affordable Care Act — warns that if the Supreme Court throws out the law, it’ll put the country on the road toward single-payer health care.

    Ben Freakin’ Nelson…

    At this point, I’m hoping my “prediction” is right.

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  2. Timbuk3’s avatar

    One more, from SCOTUSblog.

    Tomorrow morning at ten o’clock, the nine Justices of the Supreme Court will take the bench for the last time before their summer recess. Most will head out of town for the summer, leaving the rest of us to digest one of the most anticipated decisions in memory: the Court’s opinion in the challenges to the constitutionality of the Affordable Care Act (ACA). Let’s break down what could happen tomorrow, in Plain English.

    Caveat lector: This decision will affect me, personally.

    Not so caveat: It will probably affect you, too. Unless you’re safely ensconced in European “socialized medicine” or very wealthy, and can therefore afford to throw everyone else under the bus in an effort to demand ideological purity.

    Footnote: a ruling against “Obamacare” will kill approximately 300,000 Americans within the next year. Ho hum, as long as “the free mareket” rules, eh? Fuckin’ Randian assholes that think that way…

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  3. jo6pac’s avatar

    They’ll rule for what ever health care welfare corp. wants.

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  4. Timbuk3’s avatar

    Rare post from work:

    Supreme Court upholds Obama health care law

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  5. iconoclast_555’s avatar

    The corps win again.

    Ho hum.

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    1. jo6pac’s avatar

      Yes, it couldn’t go any other way but corp. Amerikas way.

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  6. Timbuk3’s avatar

    Warning to uni, this is a Kos link. BTW, you can see what I link to by hovering your mouse over the link, any time. This is a link to a Michael Moore, of “Sicko” fame, post

    More Than a Victory, the Decision Today Was a Mandate for Us to Act

    The other four justices? They didn’t just vote to overturn the individual mandate part of the law, they all voted to kill the entire Act.

    ::snip::

    I know that our side is not used to victories and so we’re not quite sure how to respond when we get one out of the blue. For some of us, the first inclination is to point out just how weak the Obama law actually is, that it doesn’t provide true universal health care (26 million will STILL be uninsured), and that it leaves control of the system in the hands of the vultures, otherwise known as the health insurance companies. The individual mandate was a huge gift to the private insurance companies, guaranteeing them billions more from millions of new customers. And many of the key provisions of this law don’t even take effect until 2014 – and if the Republicans win in November, you can kiss all of that goodbye.

    So, yes, the bill is highly flawed and somewhat wrong-headed – but what it IS is a huge step in the right direction. And today’s court decision cements that. The right wing knows this and they are probably unraveling in some not-so-pretty ways right now. And that’s why today is a great day. The Right has been smacked down by one of their own! They know what we all know — that the path of history has been, and will continue to move toward the basic human right that all people are entitled to see a doctor and NOT have to worry about losing their home because they can’t afford to pay the medical bills. Those days are over, or will be soon, and that is where civilization is headed. It’s not headed back to the days of Oliver Twist. Today’s victory is momentum, it’s forward motion, and we WILL have true universal health care in this country in the not too distant future.

    I can’t agree more that we’re f’ing fools if we wait for congress/politicians to act. It’s truly “up to us”.

    And there it is. We’re left to fight for what we believe in. That’s not a change. Sit back and watch, and prepare to be disappointed.

    We need to be involved.

    As an aside, if you hover your mouse over ANY link that I post, you can see the source before you click on it.

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    1. Uniformityville_horror’s avatar

      TY. You make me laugh. I sure do appreciate it.

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  7. Uniformityville_horror’s avatar

    I am not a fan of the present health care bill. However I have to say that, and being self-aggrandizing (a word I just looked up today in regard to someone I heard on C2C), I have always said that Roberts could be a seriously redeeming figure in the USSC, despite the spin by the Democrats.

    I listen my internal workings. According to them, he just never seems to scare the poop out of me, like Scalia and Thomas have. No Democrat justice has scared the poop out of me, BTW. I felt confident in his ability to keep a focus on the Constitution. He might not have always seemed that way in past years, but there is something about him that exudes fairness and justice, and not politics.

    I imagine the being a justice is involved in a finely-tuned balancing act between justice and politics. I am sure I could not do it.

    BTW, are you all getting enough magnesium in your diet?
    http://www.bing.com/search?q=Health+benefits+of+magnesium&form=MOZSBR&pc=MOZI

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  8. Oralloy’s avatar

    I am a little concerned about the part of the ruling that allows states to opt out of the Medicaid expansion.

    All the analysts I’ve heard have said that with the federal government footing 90% of the bill, no state will turn down the expansion.

    But I don’t think those analysts have considered the Tea Party’s “even a hardline conservative is a traitor if they aren’t foaming at the mouth” outlook on life.

    I fear that some states will in fact refuse to accept the Medicaid expansion.

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    1. Timbuk3’s avatar

      I think you’re right about some states turning it down, but I think that may be the undoing of the teabaggers (of course, that depends on how the corporate media reports it).

      It will basically set up a situation where “liberal” states will have health care for all, and “redneck, teabagger, idiot” states will continue allowing people to die from treatable illnesses due to the stubbornness of their governing party. Once people make that connection, even rednecks/teabaggers/idiots will start to see the light OR people who supported redneck/teabagger/idiot governments will start voting them out.

      I’m also concerned that Roberts’ ruling weakened the commerce clause and labeled the ACA as a “tax increase”, even though it’s not.

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