Sdi 2010 Midterms Impacts Updates
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AT: Reaches the CourtIt is highly unlikely that the Supreme Court would break new constitutional ground to save Health Care- 3 reasons Randy Barnett, legal expert for the Heritage Foundation, Nathaniel Stewart, legal expert for the Heritage Foundation And Todd Gaziano, Director Center for Legal & Judicial Studies at the Heritage Foundation, 12/9/10 [“Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional” Available online at http://www.heritage.org/research/reports/2009/12/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional Accessed July 22, 2010] Mandating that all private citizens enter into a contract with a private company to purchase a good or service, or be punished by a fine labeled a "tax," is unprecedented in American history. For this reason, there are no Supreme Court decisions authorizing this exercise of federal power. There are strong grounds to predict that the current Court will not devise any new doctrines by which to uphold an individual health insurance mandate. First and foremost, as already mentioned, to uphold this exercise of power, the Supreme Court would have to affirm for the first time in its history that Congress has a general or plenary police power--a position the Court has repeatedly refused to take. While the Raich decision affirmed the continuing vitality of the Wickard line of Commerce Clause cases, it neither overruled nor limited Lopez and Morrison. Instead it adhered to those decisions by finding that the cultivation of marijuana was an economic activity. Unlike Raich, both Lopez and Morrison were facial challenges to an act of Congress. In evaluating an as-applied Commerce Clause challenge, the Raich Court adopted the "class of activities" defined by Congress in the Controlled Substances Act, and refused to consider the narrower class of activity proposed by the parties challenging the application of the Controlled Substances Act to them, because reaching this subset of economic activities was essential to the broader regulatory scheme. Although this made "as-applied" Commerce Clause challenges more difficult, it did nothing to undermine a "facial" challenge to a statutorily defined class of activities that are largely or entirely outside the scope of the Commerce Clause. Any more expansive reading of Raich is unfaithful to the actual reasoning of the Court and is an exercise in wishful thinking by those who support unlimited federal power. Moreover, there is every reason to believe that five Justices of the Supreme Court will be open, and perhaps even eager, to reaffirm the principles of Lopez and Morrison in a case involving neither an as-applied challenge nor marijuana, and to dispel any impression that these cases were permanently eclipsed by Raich. There is no reason to believe, and much reason to doubt, that a majority of the current Justices will be interested in expanding federal power even farther than they did in Raich. And it is quite unlikely that a majority of Justices is open to any constitutional theory that would officially and effectively abolish the enumerated powers scheme embodied in Article I and the Tenth Amendment, as would be necessary to uphold a personal health insurance mandate. Furthermore, the 2008 case of District of Columbia v. Heller shows that a majority of the current Court takes the text and original public meaning of the Constitution quite seriously, especially when considering issues not controlled by existing precedent. A constitutional challenge to an individual health care mandate would be considered an opportunity by the Justices who made up the Heller majority to further vindicate their commitment to text and history in evaluating claims of federal power. This majority of Justices would know that a refusal to extend the Commerce Clause to reach the individual health insurance mandate will not invalidate any other law. These Justices will also know that Congress has other constitutional, and more politically accountable, means of accomplishing the same ends. Further, the majority will be aware that the health care mandate is not necessary to win a war or respond to a serious economic depression, areas where the Court has sometimes deferred to the political branches. To the contrary, the majority will likely understand that the individual mandate may even cut against health care cost containment. Although it is always difficult for the Supreme Court to thwart what is perceived to be the popular will, polling consistently shows that this legislation, if enacted, will fly in the face of popular opposition. If that remains true after enactment, the majority of the Justices who are inclined to preserve the enumerated powers scheme and adhere to the original meaning of the text will have little inclination or incentive to stretch the Constitution to reach so decidedly unpopular and far-reaching a power as this one. ***Card Check*** Card Check InternalSignificant GoP gains tank card-check Leonard 9 Andrew, Obama's secret plan for a successful presidency, http://www.salon.com/tech/htww/2009/10/16/obamas_secret_plan_for_a_successful_presidency/index.html Mickey Kaus says everything is falling into place for a successful Obama presidency. Except that, in the best Mickey Kaus tradition, his thesis is so drenched with contrarian posing that the definition of a "successful" Obama presidency means the abandonment of most of the policy goals Democrats have for his term. The Kaus thesis is predicated on Obama getting healthcare reform passed, after which the Democrats get clobbered by a still-crippled economy in the 2010 midterm elections. That, in turn, will mean that the rest of the "controversial big Dem bills that got backed up in 2010" -- climate change, card-check, immigration reform -- will die stillborn.
Mark Schoeff Jr staff writer “Employee Free Choice Act Supporters Press On Despite Longer Senate Odds” Jan. 20, 2010 Accessed July 20 2010 http://www.workforce.com/section/00/article/26/95/42.php//Donnie With midterm elections looming, the challenge to pass EFCA will only get tougher after this year. Democrats might lose more Senate seats in November. In a January 11 speech at the National Press Club in Washington, Trumka said that the measure would gain congressional approval by April. “It’s kind of now or never for them,” said Brett McMahon, vice president of Miller & Long, a concrete subcontractor and a member of Associated Builders and Contractors. “If the chances are [lower] now to get something done, they may become truly impossible in the next Congress.” Directory: files files -> Answer True False 2 points Question 2 files -> Integer programming and game theory files -> 4 Integer Programming files -> Bpa vehicle Window Repair Scenario #1 task: Procure vehicle window relacement. Objective files -> Pop Warner History files -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations Download 0.56 Mb. Share with your friends:
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