Feeds:
Posts
Comments

Archive for the ‘SCOTUS’ Category

MORE HERE

Read Full Post »

HuffPost

By- Mike Sacks

Posted: 06/28/2012 10:10 am Updated: 06/28/2012 11:16 am

WASHINGTON — The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama’s signature Affordable Care Act.

The controlling opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress’ commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the outcome.

The decision in National Federation of Independent Business v. Sebelius comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court’s four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare’s fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.

Five justices concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress’ power under the Constitution to “lay and collect taxes.”

“The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause,” Roberts wrote. “That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.”

Ginsburg, writing separately for the four liberals, said they would have upheld the mandate under the commerce clause too. “Unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate,” she wrote. “Virtually every person residing in the United States, sooner or later, will visit a doctor or other health care professional.”

Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito joined in a dissent.

MORE HERE

Read Full Post »

.

Clarence and Ginni Thomas, promoting a Tea Party event on Fox News.

Clarence Thomas’s conflict of interest on Affordable Care Act

by Joan McCarter for Daily Kos

Tue May 31, 2011 at 06:01 PM PDT

Supreme Court Justice Clarence Thomas has somewhat of a conflict just being a justice, concerning the very right-wing and very prominent political activities of his wife, Ginni. But that conflict is particularly a problem since the Supreme Court will almost undoubtedly be hearing a case against the Affordable Care Act, the law that his wife has been paid handsomely to fight. A Friday afternoon news dump consisting of his financial disclosure form highlights this little problem he has.

His new financial disclosure form indicates that his wife, Virginia, who served as Liberty Central’s president and CEO, received $150,000 in salary from the group and less than $15,000 in payments from an anti-health care lobbying firm she started.The disclosure was apparently prompted in part by Rep. Anthony Weiner (D-N.Y.), who had been needling Thomas (including on Twitter) for months to disclose how much money his wife earned from Liberty Central. That’s because challenges to Obama’s health care reform law are likely to end up before the Supreme Court sooner rather than later, and if Thomas and his wife benefited from her income working against the bill, the justice has an enormous conflict of interest in hearing any legal challenge. Thomas had failed to disclose Virginia’s income on his financial disclosure forms for 20 years; under pressure from Weiner and others, he had recently amended old disclosures to reflect hundreds of thousands of dollars she had earned working for the Heritage Foundation, the conservative think tank that also opposed Obama’s health care plan.

(Gee, I wonder why Rep. Anthony Weiner would be the target of right-wing hackers in a smear campaign over the weekend?)

MORE HERE

Read Full Post »

%d bloggers like this: