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pnwmom

(109,028 posts)
Thu Jun 28, 2012, 11:00 AM Jun 2012

The SCOTUS opinion may be "a major blow to Congress's authority to pass social welfare laws."

This was what I'd been reading before this opinion came out. If the Commerce Clause was ruled not to uphold the ACA -- which is what happened, since the ACA was approved as a tax, but not under the Commerce Clause -- then that would put into question any law that sought to use the Commerce Clause to enact social welfare laws.

http://www.scotusblog.com/cover-it-live/

Lyle: rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition.

SNIP

Tom: I dissent from Lyle's view that the Commerce Clause ruling is a major blow to social welfare legislation. I think that piece of the decision will be read pretty narrowly.

6 replies = new reply since forum marked as read
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The SCOTUS opinion may be "a major blow to Congress's authority to pass social welfare laws." (Original Post) pnwmom Jun 2012 OP
Was Roberts the only opinion? rurallib Jun 2012 #1
No, Ginsburg wrote another long concurring opinion. She thought it should have also pnwmom Jun 2012 #2
2 pages from thomas! what a clown! unblock Jun 2012 #4
Probably rurallib Jun 2012 #6
it was upheld as a tax even if though they didn't call it a tax. that's a recipe for future laws. unblock Jun 2012 #3
Yes, I would be VERY weary of this Roberts 'victory'! kirby Jun 2012 #5

pnwmom

(109,028 posts)
2. No, Ginsburg wrote another long concurring opinion. She thought it should have also
Thu Jun 28, 2012, 11:05 AM
Jun 2012

been approved under the Commerce clause.

From www.scotusblog.com

Amy Howe: By the way, the opinions collectively are a monster. The Chief's opinion is 59 pages, Justice Ginsburg's opinion is 61 pages, the four dissenters are 65 pages, followed by a short two-pager from Justice Thomas. You do the math.

rurallib

(62,492 posts)
6. Probably
Thu Jun 28, 2012, 11:25 AM
Jun 2012

"My wife told me to stop this. Now what the hell am I supposed to do. Christ I can't go home. She'll probably lose all that easy money, cause I couldn't deliver.
Maybe I should have said something? Goddamit, this must be discrimination or something."

unblock

(52,513 posts)
3. it was upheld as a tax even if though they didn't call it a tax. that's a recipe for future laws.
Thu Jun 28, 2012, 11:07 AM
Jun 2012

the precedent now is that congress can pass and the president can sign social welfare laws without ever uttering the word "tax".

just because the supreme court said it's a tax doesn't mean congress has to SAY it's a tax. they just have to put in the same kind of language that WORKED in aca.

kirby

(4,442 posts)
5. Yes, I would be VERY weary of this Roberts 'victory'!
Thu Jun 28, 2012, 11:13 AM
Jun 2012

He wanted to be on the side that got to write the majority opinion and set the precedent. They did rule the the mandate was unconstitutional under the commerce clause, but constitutional as a tax. Kinda odd since the administration was arguing this was not a tax.

I am very weary as to what the long term impact of this will be, especially with Roberts twisting the opinion his way. I would like to see detailed analysis to really know how limited or broad this ruling is to other things.

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