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Old 02-14-2013, 09:31 AM
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So HUD is basically claiming that this doesn't violate McCarron-Ferguson because the Fair Housing Act is an Act that "specifically relates to insurance"? That's clearly false, so I'm going to assume the converse interpretation is correct: HUD thinks that many states are REGULATING insurance under guidelines not established in LAWS; if this rule violates regulatory practices without violating any state law, it may not violate McCarron-Ferguson, depending on how specific the initial state law establishing the InsDept and such was. In this case, the state can then just pass explicit state laws showing what is and isn't allowed, which would make this HUD rule go away.
I think HUD is saying, "We are empowered by Federal Law to administer the Fair Housing Act, so the way we construe the Act is regulation. Since our regulation is directed toward insurance, the regulation 'specifically relates to insurance.'"

In other words, it's okay because HUD says so.
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Old 02-14-2013, 04:04 PM
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I think HUD is saying, "We are empowered by Federal Law to administer the Fair Housing Act, so the way we construe the Act is regulation. Since our regulation is directed toward insurance, the regulation 'specifically relates to insurance.'"

In other words, it's okay because HUD says so.
Well that's just ridiculous. Would not pass any judicial muster, unless the judge is a brain-dead activist who can't read the word "Act" (as in "No Act of Congress...." not "No regulation of a bureaucracy created by Congress") in the McC-F Act.
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Old 02-14-2013, 04:09 PM
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Well that's just ridiculous. Would not pass any judicial muster, unless the judge is a brain-dead activist who can't read the word "Act" (as in "No Act of Congress...." not "No regulation of a bureaucracy created by Congress") in the McC-F Act.
Obamacare is not a tax, except for when it is a tax. Otherwise, it's unconstitutional. This is the world we live in at the moment.
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Old 02-14-2013, 04:17 PM
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Obamacare is not a tax, except for when it is a tax. Otherwise, it's unconstitutional. This is the world we live in at the moment.
Thanks to John Roberts' bizarre ruling.
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Old 02-14-2013, 04:46 PM
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Do we also have to define the term "is"?
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