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PostPosted: 01/31/12 4:36 am • # 1 
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WOW!!! ~ while I'm thrilled with this analysis, I'm laughing and cringing over the astoundingly stupid mistake made by plaintiffs' counsel ~ Sooz

Plaintiffs Challenging Affordable Care Act In The Supreme Court Admit That The Law Is Constitutional

One of the oddest arguments made by the plaintiffs now challenging the Affordable Care Act before the Supreme Court is a claim that, if just one small part of the law is declared unconstitutional, the whole law must fall with it. The overwhelming majority of judges who have heard ACA cases rejected the ridiculous claim that any part of the law is unconstitutional. And, of the handful of judges to strike part of the law down, only one — the guy who included an explicit shout-out to the Tea Party in his opinion — accepted the legally indefensible position that the whole law must fall.

In their attempt to see the entire Affordable Care Act fall, however, several of the plaintiffs challenging the law committed what should be a fatal blunder — they effectively admit that their entire constitutional challenge to the law is garbage.

The primary attack on the ACA targets its provision requiring most Americans to either carry health insurance or pay slightly more income taxes — the so-called “individual mandate.â€



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PostPosted: 01/31/12 6:12 am • # 2 
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Joined: 01/16/09
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LOL!

let me see if i have the logic right:

the plaintiffs are seeking to strike down the ACA on the basis that the individual mandate is unconstitutional.
in their brief, they have stated that the individual mandate is necessary to control costs, and that without this mandate, the ACA cannot function.
however, according to the Scalia Rule, congress is empowered to do what is required to render legislation functional,
and therefore, the plaintiff's brief is in direct conflict with the Scalia Rule?

wow.


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