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SugarShack

(1,635 posts)
9. SCOTUS can't change the mandate as they did for medicare in the 60's. Can only act on current policy
Fri Jun 22, 2012, 01:13 PM
Jun 2012

That means if they strike the mandate down, they can only send it back to congress to change it or do what they want. This congress will not put single payer in place or a public option. IF the mandate were in play already, the court could replace it if they ruled against it, as they did for Medicare and put a single payer system in place overnight. Because the mandate is not in play YET, the court can only send it back to THIS congress. That is why the AG's in states rushed to file suits, to get this taken down before it's in play. The last thing they want is a good solution to the mandate. This way, the court can't put a reasonable solution in place, if they get the case and rule before that part goes into effect.

Just so you realize, the solutions you hope for, will have to come from this congress. Not the court if they strike the mandate. The court can only replace something with another option, if it's already in play. People keep forgetting this in the dialog.

Medicare was in play...and a mess...when it went to court. The mandate is not in play. Yet. Or not?

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