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.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.
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 !!!!!!!!
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.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.
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 !!!!!!!!
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. Originally Posted by blue3122I'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.
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.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.
Unlike COG, I predict that they will do it, 5-4. Once you've stolen a Presidential election by judicial putsch, why stop there? Originally Posted by TexTushHog