Now
in trying to find a good analysis of this law, I hear one section
brought up which is on page 37 of the ruling.
In
distinguishing penalties from taxes, this Court has explained that
“if the concept of penalty means anything,it means punishment for
an unlawful act or omission.” United
States v. Reorganized
CF&I Fabricators of Utah,
Inc.,
518 U. S. 213, 224 (1996); see also United
States v. La
Franca, 282 U. S.
568, 572 (1931) (“[A] penalty, as the word is here used, is an
exaction imposed by statute as punishment for an unlawful act”).
While the individual mandate clearly aims to induce the purchase of
health insurance, it need not be read to declare that failing to do
so is unlawful. Neither the Act nor any other law attaches negative
legal consequences to not buying health insurance, beyond requiring a
payment to the IRS. The Government agrees with that reading,
confirming that if someone chooses to pay rather than obtain health
insurance, they have fully complied with the law. Brief for United
States 60–61; Tr. of Oral Arg. 49–50 (Mar. 26,2012).
With
the point being, This does not solve the preexisting condition
problem. People could chose to pay the tax, which could never exceed
the price of insurance, and only get insurance when needed.
So
if Chief Roberts is a genius and is playing some great game of chess,
this opinion will lead to the incredible future ruling (9-0)
overturning the law.
This
lawsuit was done by
NATIONAL
FEDERATION OF INDEPENDENT BUSINESS ET
AL.
This does not mean it must be the one and only lawsuit filed.
Insurance companies can now file suit. Insurance companies claim harm
by this law not fixing the preexisting issue, and could claim instead
it destroys them.
Is
OBAMACARE upheld? Would not the insurance companies be able to
bring suit? Could some people sue later when they are paying the tax?
Some
part of the decision has support while others seem to have a lot of
decent. Is all the opinion of Chief Justice Roberts considered to be
in effect? If Ginsburg Et Al (not sure if that is the proper use of
it) descent on some part of the decision, does it have majority
power? Is the the entire opinion of Roberts C. J. even if that
section is only aggreed to by some?
Suppose
in some decision lets say (Kramer v Kramer) in this decision we have
four justices agreeing on one opinion, three on another opinion, and
2 on a third opinion. Who wins? The four? Or would the three and two
person opinions be consider the majority?
I
am also hearing that by having this declared as tax this eliminates
the need to overcome a filibuster in overturning the law. This become
part of budget reconciliation. So Chief Justice Roberts has made it
easier to repeal.
Is
Chief John Roberts playing chess? Or are people just trying to find
some reason not to hate him and his opinion. It sounds like people
are saying “Yea Yea he was playing a game a chess. He just being
clever, he has plan, yea he has a plan for it never to be ever
attempted ever again. See he's smart, he's thinking. Its all part of
a big plan.”
Some
people mention some part of it being a 7-2 ruling. I want to see a
good box score on this case. I am not finding where this is. It is
probably the case but not sure where this is at.
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