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

Posted on 6/17/21 at 1:08 pm to
Posted by Taxing Authority
Houston
Member since Feb 2010
63339 posts
Posted on 6/17/21 at 1:08 pm to
quote:

And I’ve already said a couple of times
I am aware. But repetition has not rehabilitated your position.

quote:

There’s nothing new about it. How else do you think the Court whittles down the thousands and thousands of writ requests to the 60 or so cases that they take each year?
Perhaps you should re read my statement the (mis) is important. No one has claimed all cases have standing.
Posted by Treeq5
Member since Jun 2021
92 posts
Posted on 6/17/21 at 1:14 pm to
Even if the Court had ruled the plaintiffs had standing, I doubt they would have overturned the law. The law was upheld when it was only two years old. Now that the law is 11 years old and has already been upheld, it’s not going to get struck down.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115431 posts
Posted on 6/17/21 at 8:10 pm to
The Court didn't reverse the 5th Circuit.

The Court vacated the 5th Circuit's ruling on standing.

It expressly stated it did not reach the merits of the question of constitutionality.

Posted by udtiger
Over your left shoulder
Member since Nov 2006
115431 posts
Posted on 6/17/21 at 8:16 pm to
quote:

Bad and onerous law perhaps, but those parts were constitutional


It was only constitutional because Roberts saved it by placing it under the Legislature's taxing power (the mandate). That was the only way it could have been saved (mind you, until oral argument, the Government argued it was NOT a tax).

When the tax was eliminated, that removed the ONLY constitutional basis for the law. This ruling is a complete renunciation of the Constitution.
Posted by blueboy
Member since Apr 2006
65426 posts
Posted on 6/17/21 at 9:29 pm to
So basically, they had no standing because there is no longer a mandate penalty.

What a sick fricking joke.
Posted by boosiebadazz
Member since Feb 2008
85653 posts
Posted on 6/17/21 at 9:32 pm to
quote:

When the tax was eliminated, that removed the ONLY constitutional basis for the law. This ruling is a complete renunciation of the Constitution.


So now it’s just a strongly worded suggestion. Basically a resolution. Since when is it unconstitutional for Congress to pass those?

This post was edited on 6/17/21 at 9:48 pm
Posted by dchog
Pea Ridge
Member since Nov 2012
27189 posts
Posted on 6/17/21 at 9:32 pm to
If people aren't willing to fight even if that means getting dirty then we deserve to lose this nation to the Dem machine.
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