Posted by
Message
Indefatigable
Member since Jan 2019
8712 posts

Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
Opinion

7-2 decision written by Breyer, with Sotomayor, Kagan, Roberts, Kavanaugh, and Barrett joining the majority and Thomas filing a concurring opinion.

Alito and Gorsuch dissented.

The Court held that the challengers (TX, 17 other states, and 2 individuals) lacked standing:

quote:

Held: Plaintiffs do not have standing to challenge §5000A(a)’s minimum
essential coverage provision because they have not shown a past or
future injury fairly traceable to defendants’ conduct enforcing the specific statutory provision they attack as unconstitutional.


From Breyer's opinion:

quote:

"To find standing here to attack an unenforceable statutory provision would allow a federal court to issue what would amount to 'an advisory opinion without the possibility of any judicial relief.'"


ETA: Other major decisions today:
quote:

In Fulton v. City of Philadelphia, the ruled 9-0 in favor of a Catholic organization that argued its religious rights were violated when it was excluded from a foster-care program due to its refusal to certify same-sex couples.


quote:

In Nestlé Inc. v. Doe, the justices ruled 8-1 that a lawsuit against Nestlé and Cargill, brought under the Alien Tort Statute by former child slaves in Ivory Coast, may not proceed in the United States.


This post was edited on 6/17 at 9:52 am


ShoeBang
New Orleans Pelicans Fan
Member since May 2012
14823 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
The ACA is simple. You can't force someone to buy something by law.

They did it anyway. That and the Patriot act are the two worst fed gov't moves since LBJ ran roughshod over black people.


Jjdoc
Columbia Fan
Cali
Member since Mar 2016
34638 posts
 Online 

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
Poor choice of words. They did not uphold. They simply stated they had no standing.





Big4SALTbro
Member since Jun 2019
7193 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
kav and barrett were terrible choices


Indefatigable
Member since Jan 2019
8712 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

Poor choice of words. They did not uphold. They simply stated they had no standing.


Which has the practical effect of upholding the law, but I edited so the entire thread doesn't devolve into semantics.


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
51582 posts
 Online 

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

kav and barrett were terrible choices




Because they agree that there was no standing?


I do not want my Supreme's to have a political position. I suspect they are correct here.


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
51582 posts
 Online 

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

Which has the practical effect of upholding the law,


WTF?


FightinTigersDammit
Northwestern St. Fan
Louisiana North
Member since Mar 2006
27740 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
So tired of this "standing" bullshite


Indefatigable
Member since Jan 2019
8712 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

WTF?


What? Throwing the suit out keeps the law in place.

"The call on the field stands"


Replies (0)
Replies (0)
54
cajunangelle
LSU Fan
eating a fried oyster/shrimp poboy
Member since Oct 2012
122122 posts
 Online 

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
All's I know is ObamaCare is expensive because we pay for every illegals healthcare. Frick SCOTUS
This post was edited on 6/17 at 9:46 am


Replies (0)
Replies (0)
167
TD SponsorTD Fan
USA
Member since 2001
Thank you for supporting our sponsors
Advertisement
LSUTIGER in TEXAS
US Space Force Fan
Member since Jan 2008
12527 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

I do not want my Supreme's to have a political position.
well, at least half of them do. I’m tired of taking the high road and playing with a hand behind my back as the Dems play dirty at every turn. We’re going to have to get neck deep in the mud, too, or this country will get eaten alive by the communists from the inside


dafif
Member since Jan 2019
2212 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
So...in no particular order...who the frick has standing to challenge the order/tax of aca when there is no tax to support the requirement?

does an individual? a group health plan? And, why does a state not have standing when they are forced to contend with the regulations requiring expenditure of money for the plan?

Seems like scotus is in the process of doing nothing that may change any liberal undertaking. Does not bode well for any abortion legislation coming up and...probably not good for gun rights


Indefatigable
Member since Jan 2019
8712 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

So...in no particular order...who the frick has standing to challenge the order/tax of aca when there is no tax to support the requirement?


It sounds like SCOTUS would only find standing in this circumstance if there was a state continuing to enforce the mandate.



Replies (0)
Replies (0)
10
cdur86
Member since Jan 2014
227 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

ETA: Other major decisions today: quote:In Fulton v. City of Philadelphia, the ruled 9-0 in favor of a Catholic organization that argued its religious rights were violated when it was excluded from a foster-care program due to its refusal to certify same-sex couples


Hey. It looks like they got something right for once. And all 9 got it right. I will consider this a victory


Replies (0)
Replies (0)
10
ImaObserver
Member since Aug 2019
1207 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

So tired of this "standing" bullshitee



Standing is defined as the legal right to initiate a lawsuit and to do so, a person must be sufficiently affected by the matter at hand.
This not a Constitutional edict, it is a judicial construct and not a matter of LAW legally passed and adopted by the legislative branch. As such it is Unconstitutional.
Don't expect the courts to kill their sacred cow though, they like the milk.
This post was edited on 6/17 at 10:04 am


Replies (0)
Replies (0)
41
TOSOV
Member since Jan 2016
7468 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

So tired of this "standing" bullshite


Yeah....is there an official definition of "standing" so we know what to bring and not? Ha. Apparently it means something different in TX


TerryDawg03
Georgia Fan
The Deep South
Member since Dec 2012
11662 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

kav and barrett were terrible choices


They’re far better choices than whoever HRC would have appointed. Never forget that.


Indefatigable
Member since Jan 2019
8712 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
quote:

.is there an official definition of "standing" so we know what to bring and not


Speaking very generally, espcially with SCOTUS, standing requires (i) injury, (ii) causation, and (iii) redressability.

The ACA case was tossed because SCOTUS found that there was no judicial redress available to the challengers, and the Court does not issue advisory opinions.


Northwestern tiger
Minnesota Fan
Minneapolis
Member since Oct 2005
22236 posts
 Online 

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
There are only two constitutionalists on the SC.
The rest are activists.

What a terrible picks for Trump.

He failed bigly on his supreme judges


Replies (0)
Replies (0)
22
udtiger
US Space Force Fan
Louisiana
Member since Nov 2006
77429 posts

re: Supreme Court rejects TX's challenge to the ACA, reversing 5th Circuit
ahhh...standing.

frick the SCOTUS. This is now their go to to avoid hard decisions.


first pageprev pagePage 1 of 3next pagelast page

Back to top

logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram