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US Supreme Court Upholds Obama Healthcare Law!!!

Discussion in 'International Forum' started by Hofstede, Jun 28, 2012.

  1. H

    Hofstede JF-Expert Member

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    Kama mtakumbuka ule mjadala wa kupitisha sheria ya Afya Marekani uliopelekea Democrats kupoteza congress kwenye uchaguzi wa 2010 leo itatolewa hukumu na SCOTUS (Supreme Court Of United States). Kwa kweli kama wakubaliana na Republicans kuwa 'Individual mandate' is unconstitutional na hivyo sheria yote kuwa Void, hili litakuwa ni pigo kubwa si tu kwa Obama, bali kwa wale wote wanapendelea mabadiliko katika bima ya afya.

    Japo bado ninaamini kuwa 'Wisdom will prevail' Ila hukumu yoyote ile itakuwa ni chachu ya kuamsha hamasa kwa pande zote kuelekea November 6 election.


    [​IMG]

    JUSTICE ROBERT SAVES THE DAY...5-4......

    Supreme Court Health Care Decision: Individual Mandate Survives


    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 5-4 majority 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 majority.

    The decision in Florida v. Department of Health and Human Services 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.

    The decision looks like a political compromise among the justices. The majority 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.
    On Medicaid expansion, a majority of the court upholds the expansion but with a caveat: The federal government may not threaten the states that don't comply with the loss of their existing funding.

    "As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding," said the court. "Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction. That remedy does not require striking down other portions of the Affordable Care Act."

    Careful legal parsing aside, the bottom line is: The Affordable Care Act has survived.


    This is a developing story. Please check back for updates.

    http://www.huffingtonpost.com/2012/06/28/supreme-court-health-care-decision_n_1585131.html
     
  2. H

    Hofstede JF-Expert Member

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    supreme court upholds the law. Conservatives talking point is now gone. They were always saying the law is unconstitutional.

    Hapa ndipo mchezo wa siasa unapoanzia sasa. Romney hawezi kujigamba kuwa ata-repeal sheria ambayo alisimamia utnagji wake kwenye state level akiwa Gov wa mass.
     
  3. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    #3
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    Congratulations Mr President!!!!!!!!!!!!!!!!!!!!!!!!!!

    ...awaiting your speech Jaduong!
     
  4. H

    Hofstede JF-Expert Member

    #4
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    Wapi Nyani Ngabu leo, naona kaingia mitini, kaamua kula kona. Kadelete na post yake lol!.
     
  5. Nyani Ngabu

    Nyani Ngabu Platinum Member

    #5
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    This is a blessing in disguise for the conservative massive. The majority of the American people hate Obamacare.

    Now the campaign to repeal it has just begun. Repeal and replace. Go Willard "Mitt" Romney.
     
  6. H

    Hofstede JF-Expert Member

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    Bwahahahaa, Repeal and Replace with what? you have to show people what is on hand if you want to take what is on the table. Conservatives walikuwa wakiwatisha watu OoooH watafungwa etc. Sasa SCOTUS imeondoa utata kuwa hakuna penalty wala criminality kwa ambaye hatakuwa na health insurance, the only thing ni kuwa atakuwa taxed differently.

    Willard strategy of staying out of giving solutions gonna backfire. Anaonekana ni kama vulture aliyejifanya mpole kusubiria huku akisogelea mzoga kwa kudhania fisi atakimbia. Jamaa hana jipya anataka kufanya election as a referendum on Obama while people want choice.

    Kila kitu yeye yupo kimya na kuonesha ubaya wa Obama badala ya kueleza yeye atafanye nini tofauti na Obama!. Republicans are doomed this year labla wasimpitishe Romney August kuwa mgombea wao.
     
  7. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    #7
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    Spinmasters at work!

    ...Time will tell!
     
  8. Nyani Ngabu

    Nyani Ngabu Platinum Member

    #8
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    Naah...actually CNN got it wrong first and that's where I got the news from.
     
  9. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    ...Jamaa are yapping eti replace, ukiwauliza with what?...hawana alternative!

    The killer on this thing is that Justice Roberts came through for POTUS!...now that was unexpected!
     
  10. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

    #10
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    OK ama let you get away with that. CNN clarified why that happened.
     
  11. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    So you agree that CNN got it wrong? Yes or no?
     
  12. H

    Hofstede JF-Expert Member

    #12
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    Lol! ndiyo mana ukadelete post enh!. THIS WEEK HAS BEEN A WEEK OF VICTORY FOR OBAMA ADMIN. STARTING WITH ARIZONA IMMIG LAW THE HEALTHCARE LAW.

    UKIANGALIA MOTIVE YA REPUBLICANS NI KWA NINI OBAMA AFANYE MAMBO MAKUBWA HIVI AND NOTHING ELSE
     
  13. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Conservatives wamepata hoja ya kuwaunganisha sasa....liberals matumbo joto. 2012 is gonna be 2012 all over again.
     
  14. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Mimi niliifuta baada ya kuona wao wamebadilisha kauli yao. Sasa na kwenye hilo unataka ligi isiyo na kombe?
     
  15. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    OCTOBER TERM, 2011

    Syllabus

    NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

    SUPREME COURT OF THE UNITED STATES

    Syllabus

    NATIONAL FEDERATION OF INDEPENDENT
    BUSINESS ET AL. v. SEBELIUS, SECRETARY OF
    HEALTH AND HUMAN SERVICES, ET AL.
    CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT


    No. 11–393. Argued March 26, 27, 28, 2012-Decided June 28


    http://i2.cdn.turner.com/cnn/2012/images/06/28/health.care.pdf
     
  16. J

    Jasusi JF-Expert Member

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    Nyani, pole sana. I did not watch CCN today because on the first day of the hearing their lawyer reporter said it was going to be struck down because the solicitor general did a lousy job defending the government position. They had it wrong from day one. Obama is unbwagable
     
  17. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Teh teh teh...that Jeff Toobin guy is useless. And that's why I don't like watching these so called pundits on television. They think they know everything.

    They've gotten so many things wrong and the most recent thing that I can remember is the recall election in Wisconsin where their exit polls were way off from the actual votes that people cast.

    But honestly speaking I like this outcome because it is going to energize the conservative massive and have a turnout like never before.

    Obama now has nothing to run against...he can't run against the Supreme Court, he can't run on his lousy record, he can't run on the economy. The only thing that's left for him is attack and distract.

    So I won't be surprised if his campaign brings back Romney's dog issue lol.
     
  18. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    Obamacare was all about social justice for over 50 millions Americans living in the richest nation of the World without a healthcare...................there is a lot to parse in future days about what it is all about.....but for a caveat on Medicaid I believe the decision was also spot on.....................States ought to be given choices either to stick with what they have or hobnob with the federal government.................choices is everything American dream.............I am very delighted to say the least.....................I was very mesmerized with all those who called Obamacare unconstitutional.................collecting taxes and penalizing tax evaders is constitutional imperatives of any government and it can never be unconstitutional at all..........
     
  19. H

    Hofstede JF-Expert Member

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    Hahaha Romney anaanza spin sasa, eti 'Will repeal and replace Obamacare' the only thing Romney has is 'Romneycare' in Massachussetts, Mi nakwambia huyu jamaa Obama anammaliza kwenye debate hana jipya. Yaani Republican this year wame-mess up sana kumuweka huyu Archtect wa Obamacare 'Mandate' kuwa mgombea wao. Issue ya Obamacare ingekuwa hot kama wangemuweka Santorum au Perry au Newt.

    You cannot have both ways, I was for it before I was against it because now I want to be President for United States. Romney is a big loser on Healthcare issue. Na mbaya zaidi hata huko kwenye biashara nako Washington post wanamwita Job outsourcer in chief.
     
  20. Yegomasika

    Yegomasika JF-Expert Member

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    Leo Rush Limbaugh anatamani kumtafuna Chief Justice John Roberts..He he he!.
     
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