Skip to comments.Left panic stricken as Scalia says Obamacare individual mandate Constitutionally "not proper"
Posted on 03/28/2012 10:03:53 AM PDT by Oldpuppymax
In Tuesdays oral arguments before the Supreme Court, Solicitor General and chief ObamaCare advocate Donald Verrilli was presented with a substantial portion of his own posterior by Justice Antonin Scalia.
The summary execution began when Verrilli made the extraordinary mistake of schooling the Court on the proper meaning of its own decisions.
No it didnt, said Scalia to the stunned Solicitor General in reference to his errant references to the significance of previous cases.
And what followed was a merciless barrage of facts exposing the overreach of the individual mandate, ObamaCares method of creating fairness in healthcare by making those who do not want to purchase insurance buy it anyway or suffer a penalty.
When US District Judge Roger Vinson found ObamaCare unconstitutional in 2011 he wrote simply If Congress can penalize a passive individual for failing to engage in commerce it would be difficult to perceive any limitation on federal power, and we would have a Constitution in name only. (1)
And Scalia not only repeated Vinsons skepticism of Congress immediate use of the commerce clause power, he drove directly to the heart of Verrillis contention that the federal government has the absolute authority to impose the individual mandate because it is necessary and proper to the success of ObamaCare itself.
In addition to being necessary, it has to be proper, said Scalia of the federal governments unprecedented decision to force unwilling participants into the insurance market and fine...
(Excerpt) Read more at coachisright.com ...
It looks like it’s going to be a 5-4 vote to strike down the ENTIRE law.
We have been so let down so many times by the Supreme Court, I am a afraid to get excited.
The best possible solution is to strike down the whole 2,000 plus pages law.
>>It looks like its going to be a 5-4 vote to strike down the ENTIRE law.<<
From your keyboard to God’s screen...
So we’re depending on the Federal Govt to put limits on itself?
I’ll bet there’s some petition underway already asking for the messiah to bypass/ignore the SCOTUS.
In that case, the minority opinion should be interesting reading.
>>So were depending on the Federal Govt to put limits on itself?<<
Sadly, we have to. Other examples of already-inculcated overreach (all of which should be reexamind and, hopefully, eliminated):
Federal War on Drugs
I am sure between all of us we could come up with 100s of similar examples.
I hope this ruling is used to get the ball rolling on scaling the Federal Gummint back to what the Constitution says it is supposed to be.
Anybody find a “last days of Hitler” parody for Obamacare?
And I would suggest impeachment and removal of the 4 dissenting; because this is in direct violation of the Oath of Office they have taken. With televised recordings, and innumerable witnesses - each voluntarily and without reservation SWORE to protect and defend the Constitution of the United States, without reservation and of their own free will. It's pretty clear that any ruling contrary to defending the US Constitution is a voilation of their duty - and should have consequences.
I wonder if the economy will take off, if the court strikes this down? How soon will companies start hiring like crazy?
I agree. And (without meaning to ill-judge you or anyone else), I rarely, rarely pray for this or that temporal political outcome. But I prayed for Kerry’s defeat in 2004 and I’ll pray again for this horror of a law to be rejected.
We may as well have a unitary government if "Federal" has no meaning. What's a federal system for? So we can each design our own flag?
Business would like to see single payer to get themselves out of it. While they may be joyed that obamacare is tossed, the current system is a burden to them. I don’t see that this alone will cause a hiring boom.
...and that works so well. Just look at the debt ceiling(s)
So tell us how we are going to get a 2/3rds vote for removal in the Senate?
Gawd I hope so. But do you remember how apes##t the left went over the 5-4 Bush v Gore decision?
In fact, the law is so clear on what may and may not be done, that I don't know why the thing got as far as it did in the first place.
From the day that monstrous fraud on the American public was proposed, we should have taken the word ‘impossible’ out of every Dictionary of the English language!!
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