If the mandate is struck down, can the rest of Obamacare still stand?

Little-Acorn

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As the 11th Circuit's Chief Judge said yesterday, the main issue about Obamacare in court is the "mandate". The program REQUIRES all Americans, with a few very limited exceptions, to sign up and buy their approved insurance; and it imposes hefty penalties on those who don't. No Federal law has ever done this before, and many people (including all three of yesterday's judges) are questioning whether the government has any authority to force people to buy it.

Some are asking whether, if the Courts strike down the mandate, can the rest of the law still stand?

In fact, it almost doesn't matter. Socialist programs like this depend on forcing EVERYBODY to take part - the programs can never stand on their own if people have any choice on whether to participate. Their entire purpose is to take money away from people who don't much need the program's services, and transfer it to people who do need it. Obviously, the former have little reason to take part, especially if the services can be bought elsewhere more competetively. Only people with high needs and low ability to provide, will want to be part of such a program... and if they are the only ones to join, the program will quickly collapse under its own weight. Forcing everybody to sign up, is absolutely mandatory - true for all socialist programs.

So if the mandate is struck down by the Courts (ultimately the Supreme Court), and the rest of the program is "left to stand", it's just a matter of time before the whole thing collapses anyway. The insurance companies will be left holding the bag - having to pay out far more that the remaining participants can possible pay in - which is why those companies insisted that no "severability clause" be included in the Obamacare program.

As District Court Judge Roger Vinson pointed out, if any part of Obamacare is found unconstitutional (as the mandate has been), the entire program must be thrown out. The people who would actually pay the bills - the insurance companies - knew it must be that way.

Yet the Obamanites still insist it doesn't.
 
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The mandate has not been found to be unconstitutional. I'm sure you realize that the results have been mixed. Some courts have said it was constitutional, and others have not.

Health care is a basic human need. To have people who do not have that need met in this wealthy nation tells us that something has gone wrong in the US.
 
The SCOTUS will ultimately decide Obamacare, and the entire mess will be ruled UNCONSTITUTIONAL. Count on it, Doc.
 
Yes, as long as Thomas' wife is an employee of an organization that seeks to get rid of the ACA, the ability of the Supreme court to make just decisions on this issue is seriously compromised.
 
Yes, as long as Thomas' wife is an employee of an organization that seeks to get rid of the ACA, the ability of the Supreme court to make just decisions on this issue is seriously compromised.

That's OK. Thomas himself is an employee of an organization that seeks to implement and expand the ACA (the U.S. Government). So it all balances out.

Now, don't you feel better?

No, no need to thank me. Happy to help you out. :D
 
The answer to the OP is the WHOLE thing will be struck down, if any part is struck down, and the reason is the obamanistas made a mistake. :D

The House version had a "severability" clause, but the senate version, the one which was passed, DIDN'T. Probably because they were focussing on abortion near the end, and it slipped through the cracks. :p :) :D
 
Yes, as long as Thomas' wife is an employee of an organization that seeks to get rid of the ACA, the ability of the Supreme court to make just decisions on this issue is seriously compromised.

no you see. the son of a judge at one time working for a group that may have a interest in a case...is Bias and the case needs to be thrown out...when its in the republicans interest...

the wife who works for them now, and receives a paycheck specifically for attacking the bill in this very case...now thats fine, its ok...just so long as he rules how they want. I think I tried for like a month to get Rick to say he should step down on this case, but he did not.
 
you can under law, force a man to go fight a war and kill and die ...aka Draft...but you can't make him get a health care plan.

(patiently) That's because National Defense is a legitimate concern of government, for which it is authorized, but Health Care is neither.

Blinders-on leftist fanatics have no end of trouble remembering that. But who can blame them? If they had the ability to remember that, they would soon come to realize there's no need for leftists at all.

And we can't have that, can we.

Can we?
 
The mandate has not been found to be unconstitutional. I'm sure you realize that the results have been mixed. Some courts have said it was constitutional, and others have not.

Hence the "if" in the question I suppose.

Health care is a basic human need. To have people who do not have that need met in this wealthy nation tells us that something has gone wrong in the US.

This point has no legal bearing...

You will find most people are for healthcare reform..unfortunately Obamacare does not cut costs and does not reform much of anything.
 
That's OK. Thomas himself is an employee of an organization that seeks to implement and expand the ACA (the U.S. Government). So it all balances out.

Now, don't you feel better?

No, no need to thank me. Happy to help you out. :D

Cute, but immoral.

no you see. the son of a judge at one time working for a group that may have a interest in a case...is Bias and the case needs to be thrown out...when its in the republicans interest...

the wife who works for them now, and receives a paycheck specifically for attacking the bill in this very case...now thats fine, its ok...just so long as he rules how they want. I think I tried for like a month to get Rick to say he should step down on this case, but he did not.

Exactly. It gives the strong appearance of selling access.

Hence the "if" in the question I suppose.



This point has no legal bearing...

You will find most people are for healthcare reform..unfortunately Obamacare does not cut costs and does not reform much of anything.

You're mistaken. For one thing, the bill requires that insurance companies spend a greater percent of the money that they take in on actual health care.

The Medicare Advantage program has been revamped. The way it was set up, the advantage went to health insurers rather than to the taxpayers or the patients.

http://www.afscme31.org/news?id=0122
 
You're mistaken. For one thing, the bill requires that insurance companies spend a greater percent of the money that they take in on actual health care.

That does not solve the problem...I should have been more clear. Obamacare does have reforms in it, but it doesn't really do much to reign in spending or control costs.

The Medicare Advantage program has been revamped. The way it was set up, the advantage went to health insurers rather than to the taxpayers or the patients.

http://www.afscme31.org/news?id=0122

Again, problem not solved...

Even the CBO projects under this plan healthcare costs will continue to rise, and ultimately the plan adds to the deficit.
 
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Just pointing out how fatuous your comment was. Thomas has no more reason to be off the case, than you have to be off this board.

Nice try... but silly.

You can't really believe that.

That does not solve the problem...I should have been more clear. Obamacare does have reforms in it, but it doesn't really do much to reign in spending or control costs.

Again, problem not solved...

Even the CBO projects under this plan healthcare costs will continue to rise, and ultimately the plan adds to the deficit.

Then consider it a starting point, which is more than anyone else managed to do. More people will have coverage. More people will be able to go to the doctor. It will alleviate human suffering. It will provide job opportunities. It will provide relief to small business owners. These are all good things.
 
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