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Thu Oct 22, 2020, 03:18 PM

 

If Joe Biden comes to power before Scotus rules on Obamacare what are our options?

can the new AG do anything about it?

Or will it require the congress to add the mandate back? Can the SCOTUS ignore the mandate?

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Reply If Joe Biden comes to power before Scotus rules on Obamacare what are our options? (Original post)
Le Roi de Pot Oct 2020 OP
The Velveteen Ocelot Oct 2020 #1
wryter2000 Oct 2020 #2
doc03 Oct 2020 #3
lagomorph777 Oct 2020 #6
getagrip_already Oct 2020 #4
beachbumbob Oct 2020 #5
kurtcagle Oct 2020 #7
lagomorph777 Oct 2020 #8
regnaD kciN Oct 2020 #11
lagomorph777 Oct 2020 #13
subterranean Oct 2020 #9
Le Roi de Pot Oct 2020 #15
Fiendish Thingy Oct 2020 #10
regnaD kciN Oct 2020 #12
lagomorph777 Oct 2020 #14

Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:22 PM

1. Congress would have to start over and re-draft the legislation

so it complies with whatever Constitutional problems the Supreme Court might come up with. The AG would have no role in it.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:27 PM

2. If we take the Senate

Get rid of the filibuster and open Medicare to anyone who wants to enroll.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:29 PM

3. Add three more to the SCOTUS. nt

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Response to doc03 (Reply #3)

Thu Oct 22, 2020, 03:32 PM

6. Four

Must take a majority.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:30 PM

4. or they would need to raise a new challenge to a new court....

At some point, the composition will change given the age of the 3 senior gop justices. Assuming they don't resign when trump loses so the gop can fill the seats with young extrmists.

Even without expanding the court, putting term limits on them, or any other twiddling of dials, the court will change over the next 8 years.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:30 PM

5. The problem lies with any lawsuit can be filed and take it eventually to

 

the Supreme Court. This will also be the play until we have a majority on the court. I see this SC with Barrett could easily rule social security, Medicare, Medicaid as all unconstitutional. That is a real threat and could happen. No appeal of a SC decision and they can rule any law passed as unconstitutional.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:32 PM

7. I think this provides an opportunity for a redesign

Make it optional by state: your state is either in BidenCare or it's not. Play hardball with the Red States. Once a state is in, it's a commitment for ten years, at which point states can choose, through legislative action to drop out. Drop Medicare to 50+ and cover all children to 18 under Medicare. States have the ability to create a public option. Take out all the bad facets from Obamacare (which was deliberately hobbled to get it passed) and build it out right.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:33 PM

8. Pull out of the lawsuit. Then SCROTUS has nothing to rule on.

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Response to lagomorph777 (Reply #8)

Thu Oct 22, 2020, 03:51 PM

11. The case was brought by the state of Texas...

The current administration only signed on as a supporter. Even if Biden wins and pulls the federal government out, the case remains. And arguments are to be heard within a week of the election, so nothing an incoming administration can do will affect it.

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Response to regnaD kciN (Reply #11)

Thu Oct 22, 2020, 03:52 PM

13. I forgot that.

TX may have a bluer government after the election, too!

But otherwise, we have to unpack SCROTUS and start over.

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:44 PM

9. Congress could reinstate the tax penalty, even if it's just $1. Problem solved.

Of course, that hinges on whether we win control of the Senate.

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Response to subterranean (Reply #9)

Thu Oct 22, 2020, 05:11 PM

15. This might work

 

Takes away their basis

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Response to Le Roi de Pot (Original post)

Thu Oct 22, 2020, 03:50 PM

10. SCOTUS is ruling on the ACA the week after the election

Regardless of what happens, SCOTUS must be expanded to at least 15 seats.

If the ACA is overturned, then congress can pass universal healthcare, which 69% of Americans support in some form.

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Response to Fiendish Thingy (Reply #10)

Thu Oct 22, 2020, 03:52 PM

12. They'll be hearing arguments then...

It's possible that the actual decision won't be released until next June.

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Response to Fiendish Thingy (Reply #10)

Thu Oct 22, 2020, 03:54 PM

14. I like your style.

Go big or go home!

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