Originally Posted by Dixie :
No, this is where you are wrong. If the tax is collected for Medicare, it can't be used to fund Obamacare. Even if they make cuts in Medicare, they still can't use the savings for Obamacare. They would have to return the money to the taxpayer, or find another part of Medicare to fund.
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You have documentation for this? You've typed this about 100 times this week.
Nothing in our opinion precludes Congress from offering
funds under the Affordable Care Act to expand the availability of health care, and requiring that States accepting
such funds comply with the conditions on their use. What
Congress is not free to do is to penalize States that choose
not to participate in that new program by taking away
their existing Medicaid funding. Section 1396c gives the
Secretary of Health and Human Services the authority to do just that. It allows her to withhold all “further [Medicaid] payments . . . to the State” if she determines that the
State is out of compliance with any Medicaid requirement,
including those contained in the expansion. 42 U. S. C.
§1396c. In light of the Court’s holding, the Secretary
cannot apply §1396c to withdraw existing Medicaid funds
for failure to comply with the requirements set out in the
expansion.
....
The Affordable Care Act is constitutional in part and
unconstitutional in part. The individual mandate cannot
be upheld as an exercise of Congress’s power under the
Commerce Clause. 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.
As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening
existing Medicaid funding. 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.
The Framers created a Federal Government of limited
powers, and assigned to this Court the duty of enforcing
those limits. The Court does so today. But the Court does
not express any opinion on the wisdom of the Affordable
Care Act. Under the Constitution, that judgment is reserved to the people.
The judgment of the Court of Appeals for the Eleventh
Circuit is affirmed in part and reversed in part.
It is so ordered.
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Now, I haven't posted actual text from the ruling before now, because Liberals are too profoundly dumb to understand most of these words and legal terms, and don't comprehend stuff like "constitutional violation." So I am not really sure what the point would be for me to post this, but it was asked for, so here it is.
The Feds can't use Medicare or Medicaid to fund this thing... they thought they could... they wanted to pass a chunk of the cost off to states... the court ruled the
COULD NOT DO THIS! Again... a concept Liberals have trouble understanding.