Replies to Msg. #697692
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 Msg. #  Subject Posted by    Board    Date   
07055 Re: If the Supreme Court overturns (minus star)
   alea, the dispute to some is over amnd#10. The tax provisions are pow...
DigSpace   ALEA   26 Mar 2012
6:52 PM
07054 Re: If the Supreme Court overturns
   Here's a piece which summarises the position: http://balkin.blogspo...
Cactus Flower   ALEA   26 Mar 2012
6:18 PM

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Re: If the Supreme Court overturns (minus star)

By: Cactus Flower in ALEA
Mon, 26 Mar 12 6:00 PM
Msg. 07053 of 54959
(This msg. is a reply to 07050 by tkc)
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Hi tkc,

I'm meant to guess an outcome? I don't know what is in the mind of Justice Kennedy.

Here's what I think about the law.

They have to have some constitutional grounds to disqualify it. I don't know what those are. They can't strike a law merely because they don't like a policy.

Tell me the grounds. It is clearly being opposed because Republicans don't like the law on policy grounds. The legal argument is a fig leaf.

In terms of government fiat, there's a fairly close analogy with motor car insurance (requirement to pay a private insurer) and another one with taxes (requirement by government to make a payment). I don't think this is beyond the powers of the government.

Apologies - just missed the edit button and clicked on the star by accident. Count me for one less star on this post.