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General Category => General Comments => Topic started by: msquared on June 18, 2021, 08:10:29 AM

Title: ObamaCare survives again
Post by: msquared on June 18, 2021, 08:10:29 AM
So the SC denied standing to a group of conservative states trying to overturn ObamaCare.  7-2.  And part of that 7 included 2 of Trumps appointees.

This points out 2 things. 

First, maybe the dire warnings from liberals were over wrought.

Second, maybe Trump did not realize the independnce given by a lifetime appointment.  It seems he lost again.
Title: Re: ObamaCare survives again
Post by: Fenring on June 18, 2021, 09:50:59 AM
Isn't it possible that this was simply an improper way (procedurally speaking) of contesting a piece of legislation?
Title: Re: ObamaCare survives again
Post by: Mynnion on June 18, 2021, 03:41:36 PM
I support the ACA but it would be mort proper to say it dodged a bullet.  The case was not heard.  The ruling was that Texas did not have the standing to bring the case.
Title: Re: ObamaCare survives again
Post by: NobleHunter on June 18, 2021, 04:20:46 PM
The analysis I've seen suggests that the denial of standing wasn't simply a technical matter but a refutation of the argument presented by Texas et al. It wasn't the usual "you weren't the person hit by the bus, so you can't sue" but "no one was hit by a bus, idiot." It doesn't look like they'll be able to come back around and re-litigate this argument against the ACA with some new plaintiff would does have standing.

As for the broader political aspects, the Court might just be keeping its powder dry for other cases. They have to know that egregious rulings risk provoking the Democrats into taking action. Refusing to play ball on this particularly obvious end run around Congress doesn't mean they won't still push a partisan agenda in less blatant cases.