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11-15-2011, 02:12 PM
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#1
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Account Disabled
Join Date: Jan 3, 2010
Location: Here.
Posts: 13,781
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SCOTUS Will Overturn Obamacare...Bank On It !!
For Obamacare to be overturned by the SCOTUS; they will have to revisit Wickard.............in Wickard V Filburn the SCOTUS said the Federal Government has the right to prohibit a farmer from growing wheat for his own consumption... Filburn was forced to destroy the wheat he was producing for his own consumption. Yes, an outrageous decision that expanded the role of the Federal Government in regulating the economy and expanded a meddling government into our lives.
It is such a bad deicision that I think the justices will look at Obamacare as an opportunity to right the wrong of Wickard.
Good bye Obamacare; Goodbye Wickard.....hello sanity.
read the Wickard case and tell me you aren't outraged !
http://en.wikipedia.org/wiki/Wickard_v._Filburn
The early word is that the Democratic legal beagles are very concerned because they know what bad law Wickard was and how crucial it is to their case !!!!!!!!
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11-15-2011, 07:04 PM
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#2
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Valued Poster
Join Date: Dec 31, 2009
Location: In hopes of having a good time
Posts: 6,942
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I just hope you put your money where your mouth is and bet all you own or will ever have on this proposition.
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11-15-2011, 07:11 PM
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#3
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Valued Poster
Join Date: May 20, 2010
Location: Wichita
Posts: 28,730
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Yes, the Wickard case is a travesty. But I'm guessing the Court will uphold the law. And that is primarily because I never count on them to do the right thing. It's really one man making the decision for the country, and that is Justice Kennedy. God help us, everyone.
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11-15-2011, 08:17 PM
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#4
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Valued Poster
Join Date: Jan 5, 2010
Location: Houston, TX
Posts: 3,860
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Quote:
Originally Posted by Whirlaway
Good bye Obamacare; Goodbye Wickard.....hello sanity.
read the Wickard case and tell me you aren't outraged !
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Does everyone get a free loaf of bread if they over turn Wickard?
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11-15-2011, 08:25 PM
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#5
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Professional Tush Hog.
Join Date: Mar 27, 2009
Location: Here and there.
Posts: 8,959
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They're not just going to have to overturn Wickard v. Filburn, but they're also going to have to overturn 80 years of it's progeny that allow the Federal government to regulate wages, worker safety, minimum age to work laws, minimum wage laws, environmental law, etc. Repealing Wickard requires repealing most of 20th century jurisprudence.
Unlike COG, I predict that they will do it, 5-4. Once you've stolen a Presidential election by judicial putsch, why stop there?
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11-15-2011, 10:36 PM
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#6
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Valued Poster
Join Date: May 20, 2010
Location: Wichita
Posts: 28,730
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You really think there is a chance that they will overturn Wickard?
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11-15-2011, 11:17 PM
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#7
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Professional Tush Hog.
Join Date: Mar 27, 2009
Location: Here and there.
Posts: 8,959
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Sure. What's 80 years of precedent after stealing an election. I think that the five Republicans on this Court have no shame of any kind. Period.
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11-15-2011, 11:29 PM
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#8
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Valued Poster
Join Date: May 20, 2010
Location: Wichita
Posts: 28,730
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Good, Wickard was a ridiculous opinion, Probably the only worse opinion was Marbury v. Madison.
You can't really support the outcome of Wickard, can you? It was appalling!
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11-15-2011, 11:46 PM
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#9
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Valued Poster
Join Date: Dec 31, 2009
Location: Dallas
Posts: 278
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Kennedy has been pretty clear over the years on the Commerce Clause. I expect he will be consistent here and overturn Obamacare as it is written. Then expect Obama, if re-elected to abuse executive power to implement in some form anyway. This has been the modis operandi of this administration on anything Congress or the courts have done that they disagree with. The other issue is is the Republicans have the House and more than 43 Senate seats, will Obama be able to get funding to create the massive bureaucracy that he wants. Or will he just ignore Congress (again) and create a czar with no oversight and a seemingly unlimited budget.
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11-15-2011, 11:58 PM
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#10
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Valued Poster
Join Date: May 20, 2010
Location: Wichita
Posts: 28,730
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Liberty has been on life support for decades. This will effectively pull the plug. When I see the country my grandchildren will have to grow up in, I want to cry.
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11-16-2011, 12:45 AM
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#11
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Valued Poster
Join Date: May 3, 2011
Location: Out of a suitcase
Posts: 6,233
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Quote:
Originally Posted by Whirlaway
For Obamacare to be overturned by the SCOTUS; they will have to revisit Wickard.............in Wickard V Filburn the SCOTUS said the Federal Government has the right to prohibit a farmer from growing wheat for his own consumption... Filburn was forced to destroy the wheat he was producing for his own consumption. Yes, an outrageous decision that expanded the role of the Federal Government in regulating the economy and expanded a meddling government into our lives.
It is such a bad deicision that I think the justices will look at Obamacare as an opportunity to right the wrong of Wickard.
Good bye Obamacare; Goodbye Wickard.....hello sanity.
read the Wickard case and tell me you aren't outraged !
http://en.wikipedia.org/wiki/Wickard_v._Filburn
The early word is that the Democratic legal beagles are very concerned because they know what bad law Wickard was and how crucial it is to their case !!!!!!!!
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If you are ever in doubt about which way an issue will go, a good rule of thumb is that it will go the opposite way of what whirlaway says or attempts to justify.
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11-16-2011, 02:12 AM
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#12
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Valued Poster
Join Date: Oct 7, 2010
Location: United States of California
Posts: 1,706
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Quote:
Originally Posted by Munchmasterman
If you are ever in doubt about which way an issue will go, a good rule of thumb is that it will go the opposite way of what whirlaway says or attempts to justify.
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That's why had earned his place in my signature
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11-16-2011, 05:11 AM
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#13
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by Whirlaway
For Obamacare to be overturned by the SCOTUS; they will have to revisit Wickard.............in Wickard V Filburn the SCOTUS said the Federal Government has the right to prohibit a farmer from growing wheat for his own consumption... Filburn was forced to destroy the wheat he was producing for his own consumption. Yes, an outrageous decision that expanded the role of the Federal Government in regulating the economy and expanded a meddling government into our lives.
It is such a bad deicision that I think the justices will look at Obamacare as an opportunity to right the wrong of Wickard.
Good bye Obamacare; Goodbye Wickard.....hello sanity.
read the Wickard case and tell me you aren't outraged !
http://en.wikipedia.org/wiki/Wickard_v._Filburn
The early word is that the Democratic legal beagles are very concerned because they know what bad law Wickard was and how crucial it is to their case !!!!!!!!
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I feel bad for farmer filburn who lost the decision on over a bad ruling. That's like ripping out his heart in his pride and joy after being told that you can't set aside grain for your own purposes.
He seemed bitter from what I can tell of the wiki link. he changed his last name and his farm land is now a shopping mall.
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11-16-2011, 07:14 AM
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#14
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Valued Poster
Join Date: Dec 19, 2009
Location: Buffalo NY
Posts: 7,271
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Quote:
Originally Posted by CuteOldGuy
Liberty has been on life support for decades. This will effectively pull the plug. When I see the country my grandchildren will have to grow up in, I want to cry.
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Oh spare me your melodramatic nonsense.
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11-16-2011, 08:25 AM
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#15
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Account Disabled
User ID: 2746
Join Date: Dec 17, 2009
Location: Houston
Posts: 7,168
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Quote:
Originally Posted by blue3122
Kennedy has been pretty clear over the years on the Commerce Clause. I expect he will be consistent here and overturn Obamacare as it is written. Then expect Obama, if re-elected to abuse executive power to implement in some form anyway. This has been the modis operandi of this administration on anything Congress or the courts have done that they disagree with. The other issue is is the Republicans have the House and more than 43 Senate seats, will Obama be able to get funding to create the massive bureaucracy that he wants. Or will he just ignore Congress (again) and create a czar with no oversight and a seemingly unlimited budget.
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I'm no friend of the Obama administration, but I think you could say this about a lot of administrations. Some just do it differently than others. I agree with universal care for those that want it, just not as this bill was written.
Quote:
Originally Posted by TexTushHog
They're not just going to have to overturn Wickard v. Filburn, but they're also going to have to overturn 80 years of it's progeny that allow the Federal government to regulate wages, worker safety, minimum age to work laws, minimum wage laws, environmental law, etc. Repealing Wickard requires repealing most of 20th century jurisprudence.
Unlike COG, I predict that they will do it, 5-4. Once you've stolen a Presidential election by judicial putsch, why stop there?
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It was a travesty. I wish Gore had fought back. Actually, I wish it had never gone to the courts. It seems that case and administrative law are what we live by not the laws written by our legislative body.
I hope it get overturned, but I don’t expect it to. TTH and Blue seem to know more about the High Court than I do; I hope TTH and blue are right.
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