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Napolitano: Supreme Court to Strike Down Obamacare
Newsmax ^ | MARCH 25, 2010 | David A. Patten

Posted on 03/26/2010 7:46:59 PM PDT by RobinMasters

President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.

In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.

"The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.

(Excerpt) Read more at newsmax.com ...


TOPICS: News/Current Events
KEYWORDS: 10thamendment; 111th; bhohealthcare; commandeering; healthcare; judgenapolitano; napolitano; obama; obamacare; scotus; scotuss; statesrights; unconstitutional
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To: RobinMasters

I’m fairly sure Justice Kennedy will join the four conservatives.


41 posted on 03/26/2010 8:05:11 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: Hoodat

If Pubs have the House they can stranglehold the taxes.


42 posted on 03/26/2010 8:05:31 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: RobinMasters

I’m not an expert on constitutional law, but I sure hope the bill is ruled unconstitutional - especially the individual mandate aspect. Proponents call it a legitimate “tax.” I call it Federal power run amok. It’s one thing for my state government to, say, require me to carry car insurance as part of the privilege of owning and operating an automobile. It’s quite another for the Feds to tell me I have to buy health insurance simply because I am a citizen of the United States.


43 posted on 03/26/2010 8:05:40 PM PDT by DemforBush (Somebody wake me when sanity has returned to the nation.)
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To: Hoodat

The entire bill is predicated on the mandate. A struck down mandate is a struck down bill.


44 posted on 03/26/2010 8:06:06 PM PDT by historyrepeatz
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To: gov_bean_ counter
And despite all that it will still be a 5-4 decision.

So true! What kind of Republic, what kind of law-abiding society can survive when nearly half of it's 'justices' think they can pick a turd up from the "clean side".

45 posted on 03/26/2010 8:06:13 PM PDT by budwiesest (It's that girl from Alaska, again.)
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To: RobinMasters

Won’t happen.

The Court will refuse to get involved.


46 posted on 03/26/2010 8:06:17 PM PDT by oldbill
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To: Clock King

Let the useful idiots be inflamed. Let them be so inflamed they lose their reason and fall in their folly.


47 posted on 03/26/2010 8:07:44 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: RobinMasters

Estimated to cost Texas $24 BILLION in next 10 years.


48 posted on 03/26/2010 8:07:50 PM PDT by lonestar (Better Obama picks his nose than our pockets!)
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To: hstacey

I have an honest question to Freepers here...If the suits filed against Obamacare make it to the SC, what happens to the healthcare industry in the meantime? Dont the suits need to advance thru the regular Federal Court System first? Can leftist Fed judges delay and slow the process intentionally? Couldnt this take a really long time to happen; and by the time the SC rules...the healthcare industry in this country is already destroyed?


49 posted on 03/26/2010 8:08:42 PM PDT by Mister Muggles (.Seattle: A city full of Liberal men with vaginas.)
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To: oldbill

Only need 4 votes to grant cert and you can bet after having been dissed by Obama they will.


50 posted on 03/26/2010 8:08:59 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: RobinMasters

The Judge says the law will be struck down in 2018.


51 posted on 03/26/2010 8:09:02 PM PDT by devere
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To: Mister Muggles

If motion for injunction fails, this can immediately be appealed to the Supremes.


52 posted on 03/26/2010 8:09:47 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: RobinMasters

Napolitano seems on the wrong side of judicial decisions as often as he is right. I wouldn’t get my hopes up.

Our best hope is for Scalia to come into possession of some compromising photos of Anthony Kennedy. ;-P


53 posted on 03/26/2010 8:10:45 PM PDT by OrangeHoof ("Barack Obama" is Swahili for "Bend over suckahs".)
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To: Lucky9teen

I just pray the Supreme court agrees.”

If the SCOTUS disagrees, we’ll know where we stand, won’t we?


54 posted on 03/26/2010 8:11:21 PM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: cmj328

How can you stack the court with 59 votes? I don’t think even Snowe would go for that!


55 posted on 03/26/2010 8:12:00 PM PDT by Nateman (If liberals aren't screaming you're doing it wrong.)
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To: Nateman

Could slip someone in there for a year with a recess appointment, like he just did with the NLRB. Obama has no shame, none.


56 posted on 03/26/2010 8:16:59 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: cydcharisse

I believe the States will make sure it happens within a year.

The cleanest solution, and maybe what the die hard socialist Democrats planned in their backrooms all along, is for the Democrats to take credit for passing 0bamacare fully expecting the Supreme Court to strike it down.

But many stupid Democrats don’t realize they destroyed their political careers by voting for 0bamacare.

This could still be a win for us — 0bamacare struck down AND many Democrats removed from Congress.


57 posted on 03/26/2010 8:17:21 PM PDT by Solitar ("My aim is not to pass laws, but to repeal them." -- Barry Goldwater)
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To: DemforBush

Carrying auto insurance as part of the responsibility of owning an auto is a given. But the state does not compel people who choose not to drive to participate by purchasing auto insurance to subsidize insurance costs for the people who need auto insurance..


58 posted on 03/26/2010 8:17:31 PM PDT by o_zarkman44 (Obama is the ultimate LIE!)
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To: Mister Muggles

My concerns exactly.
In this horrible economic time, widespread bankruptcy of the medical delivery system is just inches away.
The Soros-Kenyan is burning down capitalism and even a favorable Supreme Court decision cannot recapitalize.


59 posted on 03/26/2010 8:19:10 PM PDT by schwingdoc
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To: RobinMasters

How long will it take to get there? VA AG Ken Cuccinelli may have the fasest trcak on the rocket docket in N VA district court.


60 posted on 03/26/2010 8:25:02 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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