Author Topic: Health Care Reform In The Supreme Court  (Read 16960 times)

Offline AsherO

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Re: Health Care Reform In The Supreme Court
« Reply #15 on: March 27, 2012, 06:43:54 PM »
The real problem with "healthcare reform"/PPACA/Obamacare  is that healthcare costs will continue rising for everyone (insured and uninsured Americans and the Federal Government), there will still be millions and possibly tens of millions of uninsured people in the USA and with everything related to heathcare (from tort to malpractice insurance, to pharmecuticals to hospitals) run as a business that's so regulated and convoluted that the barriers-of-entry are too high for there to be any reasonable competition, we're in huge trouble with or without this law.
PGF24BMGS

Offline AJK

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Re: Health Care Reform In The Supreme Court
« Reply #16 on: March 27, 2012, 07:14:48 PM »
Huh? 

Maybe this example will help:  If you are Catholic, you are likely anti-gay marriage, and you would likely support a ban on gay marriage. If you are a Supreme Court Justice, however, you are required to put these feelings aside and decide based on the law as best you can (as I said, you can't control the subconscious).  You can uphold a ban on gay marriage because you don't believe in substantive due process, but you should not be against substantive due process be you are against gay marriage.   

Edit: that should read substantive. Fixed it.

Well, that solves my question. The grass in your little utopian village is... black and white.

No room for color, no room for experience, no room for upbringing, no room for perspective. Awesome.
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Offline good sam

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Re: Health Care Reform In The Supreme Court
« Reply #17 on: March 27, 2012, 07:17:12 PM »
Well, that solves my question. The grass in your little utopian village is... black and white.

No room for color, no room for experience, no room for upbringing, no room for perspective. Awesome.
Huh? 
If you don't care why would you comment?
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Offline AJK

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Re: Health Care Reform In The Supreme Court
« Reply #18 on: March 27, 2012, 07:36:05 PM »
K, I'll play.

Black and white was a (pretty apparent) allusion to your inflexible and warped view of reality.

Laws, like most things, have, and can be duly given, color. Whether you admit it or not, it would be utterly impossible for to you to even marginally set aside your upbringing, background, and perspective if you were the one in the high-backed chair presiding in judgment. What's more, it isn't required. No judge is required to "check his experience" at the door of the courthouse.
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Offline MarkS

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Re: Health Care Reform In The Supreme Court
« Reply #19 on: March 27, 2012, 08:09:15 PM »
K, I'll play.

Black and white was a (pretty apparent) allusion to your inflexible and warped view of reality.

Laws, like most things, have, and can be duly given, color. Whether you admit it or not, it would be utterly impossible for to you to even marginally set aside your upbringing, background, and perspective if you were the one in the high-backed chair presiding in judgment. What's more, it isn't required. No judge is required to "check his experience" at the door of the courthouse.
The same way that you point out that a Jew would probably side with the Jewish viewpoint over his Democratic affiliation, in a matter like this, a Democrat will side with his Democratic viewpoint over any other view that he might otherwise consider.(since this is such a polarized Democrat/Republican issue - it's like their religion).

Offline AJK

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Re: Health Care Reform In The Supreme Court
« Reply #20 on: March 27, 2012, 08:20:38 PM »
The same way that you point out that a Jew would probably side with the Jewish viewpoint over his Democratic affiliation, in a matter like this, a Democrat will side with his Democratic viewpoint over any other view that he might otherwise consider.(since this is such a polarized Democrat/Republican issue - it's like their religion).

You missed my point.

My point is (and was) that just because experience, background, and perspective happen to align with a particular party (Democratic/Republican/Independent/Alien/Whatever) does not mean a Judge or Justice decides the cases pursuant to that party.

Parties are simply that: a collection of like-minded individuals, whether they are like-minded because of upbringing, background, experience or perspective.
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Offline asd

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Re: Health Care Reform In The Supreme Court
« Reply #21 on: March 27, 2012, 10:34:05 PM »
Those in the know believe kennedy will side with the democrats on this one, based on his wanting to be excepted by high society and heathcare is one of their main agendas.So there you have it his vote wont come down to party loyalty but to his insecurities.

Offline meshugener

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Re: Health Care Reform In The Supreme Court
« Reply #22 on: March 27, 2012, 11:00:20 PM »
Obviously you're mistaken. After todays hearing I don't believe there's one of "those in the know" who say he'll rule to upheld the law.
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Offline AJK

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Re: Health Care Reform In The Supreme Court
« Reply #23 on: March 28, 2012, 09:31:07 AM »
Actually, I think it is you who are mistaken. Justice Kennedy is known to look at each case individually. The fact that his questions yesterday tended to attack the Government's position does not inexorably lead to the conclusion that he'll strike down Obamacare.

Justice Kennedy himself may not know how he will rule yet, so to say that "no one in the know" thinks he'll uphold Obamacare would be like saying you don't think he'll uphold the law, which would be, no offense, meaningless.
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Offline HelpMe

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Re: Health Care Reform In The Supreme Court
« Reply #24 on: March 28, 2012, 09:37:36 AM »
Those in the know believe kennedy will side with the democrats on this one, based on his wanting to be excepted by high society and heathcare is one of their main agendas.So there you have it his vote wont come down to party loyalty but to his insecurities.
This has to be one of the most intelligent comments in this thread.  ::)
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Offline good sam

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Re: Health Care Reform In The Supreme Court
« Reply #25 on: March 28, 2012, 12:07:03 PM »
K, I'll play.

Black and white was a (pretty apparent) allusion to your inflexible and warped view of reality.

Laws, like most things, have, and can be duly given, color. Whether you admit it or not, it would be utterly impossible for to you to even marginally set aside your upbringing, background, and perspective if you were the one in the high-backed chair presiding in judgment. What's more, it isn't required. No judge is required to "check his experience" at the door of the courthouse.
Right. If i were in the chair I would require separate schools for boys and girls and uphold a death penalty on adultary.  ::)
If you don't care why would you comment?
HT: DMYD

Offline AJK

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Re: Health Care Reform In The Supreme Court
« Reply #26 on: March 28, 2012, 12:16:04 PM »
Right. If i were in the chair I would require separate schools for boys and girls and uphold a death penalty on adultary.  ::)

My point is the same.

Great, so according to you, anyone with any exposure to religion, indeed anyone with any exposure to pretty much anything cannot become a Supreme Court Justice because... they'd be biased. I wonder what color the grass is in your utopian village.

Black and white was a (pretty apparent) allusion to your inflexible and warped view of reality.

Laws, like most things, have, and can be duly given, color.... No judge is required to "check his experience" at the door of the courthouse.
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline good sam

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Re: Health Care Reform In The Supreme Court
« Reply #27 on: March 28, 2012, 12:25:25 PM »
This is Rule 2.2(2) of the Model Code of Judicial Conduct
Quote
Although each judge comes to the bench with a unique background and personal philosophy, a judge must interpret and apply the law without regard to whether the judge approves or disapproves of the law in question
Is it your position that this is an impossible requirement to satisfy?
If you don't care why would you comment?
HT: DMYD

Offline AJK

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Re: Health Care Reform In The Supreme Court
« Reply #28 on: March 28, 2012, 12:28:18 PM »
This is Rule 2.2(2) of the Model Code of Judicial ConductIs it your position that this is an impossible requirement to satisfy?

Uhm, perhaps you read too quickly, but nothing in there contradicts my position.
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Offline good sam

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Re: Health Care Reform In The Supreme Court
« Reply #29 on: March 28, 2012, 12:31:18 PM »
Uhm, perhaps you read too quickly, but nothing in there contradicts my position.
I honestly can't figure out your position.  My original point was that the Justices should not, but often do, decide cases based on their political affiliation.  Do you disagree with this? I don't see how you can.
If you don't care why would you comment?
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