ObamaCare Fate Rests With Supreme Court: Will Justices Save or Sink Health Law?

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Opening arguments began today as the U.S. Supreme Court prepares to rule on President Obama's landmark national health care law later this year.

Whatever the nine justices decide, it will be historic.

The so-called individual mandate is the linchpin of the law and came under scrutiny as the nation's highest court launched into its hearing Tuesday. 

That provision of the law requires Americans to buy health insurance, and it could unravel President Obama's biggest domestic policy achievement. 

President Barack Obama Image

The justices must decide how much power the federal government has in forcing every American to purchase a product or enroll in a government program.

Lawmakers have never before used this power, as insurance, while obviously valuable in countless situations, is a product one could theoretically avoid.

Proponents of the Patient Protection and Affordable Care Act, a.k.a. ObamaCare, say it's unprecedented because it's never been this necessary.

Opponents contend it's because the authority doesn't exist, and argue it must be struck down by the high court on grounds of unconstitutionality.

The Supreme Court justices will be looking at three significant constitutional areas to determine whether the Affordable Care Act (ACA) is lawful:

  1. The Commerce Clause
  2. The Necessary and Proper Clause
  3. The federal government's taxing power

The most prominent of these is the Commerce Clause, which gives the government power to regulate commercial activity among the 50 states. 

Both sides are using the Court's precedents on Commerce Clause cases to bolster their arguments, but in many ways, the conflict is one of perspective. 

In short, the justices must weigh the problems uninsured people and the high costs of insurance for those who have it as a matter of vital importance to the country's future, determining the scope of the federal government's power at the same time.

No pressure.

What's your view on ObamaCare? Save it or Sink it?

 

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@kathy no u need to read something like my effin comment. I didnt come out swinging for healthcare so relax hon. Go get in a comment war with someone else. And jus so ya kno drug companies already do own docs and ins companies. U do kno docs get all kinds of incentives to carry certain med brands dnt u????? Its the same when it comes to certain aparatus used in surgery. As in use brand a pins and rods for a leg surgery instead of brand b. So yea thats already going on and has been for a long time.

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What can YOU do for us?? Oh, my gosh! Let me get my wish list together! It might be three or four pages, so I'll try to write small and fill in the margins! Maybe you could just hand over your hard earned paycheck and we'll give you an "allowance", ha! Seriously though it might get that bad. Let's hope not! We must work for the defeat of our incumbent President. Can't wait to send him home with him crooning to the old tune "Sweet Home Chicago"!

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This man has found himself in a chaotic state of affairs. If he really wanted to help this country he would resign after this term. The Majority of this country will not perform for him in the Future. The reasons why don't matter. I have never heard a President speak on things he does. He is constantly commiting about some isolated event. The few words he says leaves him open to ridicule. This Powderkeg- Trayvon M. Case is something he will again mishandle when the decision is made. WE THE WORKING CLASS will NOT foot the Bill for any OBAMA ( Give Me) Program. We have worked to long and to hard to give it all away. He has had opportunities to build Jobs and bring in Oil. Americans are caught in the Middle and WE THE PEOPLE will defend ourselves. He needs to go.

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Yes- Anything at all we the Taxpayers can do! How bout your Obama raise my taxes - 50 cents on the Dollar! Afterall - I'm the one going to work at night to make ends meet! It's the least I could do. How bout we take care of your Healthcare- I'll tell my kid that nest egg to send him to City College will now get him the JUCO of his choice! I mean damn- its the least I could do! How bout your Kid get Grants because your low income and me- well I make to much but not enough -NOW- to send him to a 4 year school! Well shit- I could do more! Let me join Habitat for Humanity and build you a House? Not enough? Well shit- There's always the UnitedWay- I could help by donating . Huh? Food Pantry? Red Cross? How bout I tip you $10 on that under cooked meal you brought to my table! You think?

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Sorry.... they would pay the penalty before they would give us insurance. End result is we lose.

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Health Care? This administrations and it's Liberal Networks are an embarrassment to America! This Health care and the inaccuracies of the Trayvon Martin Case are criminal in itself. This Healthcare is nothing as it seems just like the Martin Case. This Bill will cost in the Trillons and the Media has lied to you about it just as it did the Martin Case. Obama and his Media are leading this Country into " Castros Cuba" - he will turn this Country upside down in the next 4 years.

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@Gina you pay way too much for your crappy insurance. If paid in hole we get a 10 to 15 percent discount. We pay $260 a month and have a max out of pocket of 3000 dollars. My company has already said it would pay to see w

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It amazes me each time I hear someone use the words FREE & GOVERNMENT in the same sentence. Where do you people think this currency will come from? Your State Lotto? Do you have any idea what MOUNTIANS of paper work you will go thru in an Emergency Room! Your kid has the Flu with 102 degree fever and they can fit you in tomorrow at 9PM! Where did this illusion of FREE come from! I am at a total loss for this Logic! Then they will look at you and say- Well.... Your 76 Yr..old Grandmother - by our statistics will only have 4.564 yrs. left to live so - no surgery for her! OMG what are you thinking!

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@Truth You betcha! Nothing is free! We will pay for ourselves and those who do not have insurance. Any govt. mandates forced on our health insurance companies will be passed onto us the consumers. We the People do not stand to win on this issue! We can't afford it. And in the wake of further increases with inflation and energy costs plus hiked taxes...we will be strapped so heavily I'm afraid the American Dream will no longer be attainable.

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The Supreme Court Justices I think will narrowly vote it down. So far, according to reports it's not going good for the Obama Admin. during arguments the past few days.