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Analysis: Two justices may decide fate of Obama healthcare law
reuters ^ | Aug. 15, 2011 | James Vicini

Posted on 08/15/2011 4:54:58 PM PDT by PROCON

(Reuters) - The legal fate of President Barack Obama's signature healthcare law will likely come down to two Republican appointees on the U.S. Supreme Court -- Chief Justice John Roberts and Justice Anthony Kennedy.

That would be a familiar role for Kennedy, a moderate conservative who often has cast the decisive vote on the most contentious issues before the nine-member high court divided between conservative and liberal factions.

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


TOPICS: Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 0bamacare; johnroberts; roberts; robertscourt; scotus
The "experts" think Chief Justice Roberts will vote to uphold the individual mandate, I don't think he will.
1 posted on 08/15/2011 4:55:02 PM PDT by PROCON
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To: PROCON

If congress has the power to force people to buy health insurance, they can cure the recession and the housing crunch by forcing people to buy houses. Just think of how much economic activity (and JOBS!) the US would have if every citizen bought one/two houses per year.


2 posted on 08/15/2011 4:58:03 PM PDT by TennesseeProfessor
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To: PROCON

In other words:

“Hey Commie kooks. These are the two judges you need to harass.”


3 posted on 08/15/2011 4:58:13 PM PDT by Carling (At some point, those surrounding Obama have to realize that they are working for a psychopath)
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4 posted on 08/15/2011 4:58:50 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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5 posted on 08/15/2011 4:59:45 PM PDT by DJ MacWoW (America! The wolves are here! What will you do?)
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To: PROCON

I dont either. I think it all comes down to Kennedy.


6 posted on 08/15/2011 5:00:15 PM PDT by Huck (Here's the bad news--Gov. Perry is the best we've got.)
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To: PROCON

NO way will Roberts uphold this mandate...no way...now that lizbo can’t be any part of this....this would be one huge conflict of interest....


7 posted on 08/15/2011 5:03:02 PM PDT by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: shield

If you think that she-he is gonna recuse itself, you have another thing coming. These are fascists we are dealing with. They care neither for fairness or the rule of law, only power.


8 posted on 08/15/2011 5:08:39 PM PDT by RightOnTheBorder
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To: PROCON

The Constitution says whatever 5 out of 9 Supreme Court Justices say it says.

Breyer, Ginsburg, Sotomayor and Kagan will all vote to uphold 0bamacare. Thomas, Scalia, Alito and Roberts will all vote to throw it out.

The deciding vote will be Kennedy. He will decide based on whatever he thinks will make him look best in the history books (most of which are written by liberal academicians).

Be afraid. Be very afraid.


9 posted on 08/15/2011 5:09:33 PM PDT by kennedy (No relation to those other Kennedys.)
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To: PROCON

Counsel representing the Administration in these cases has gotten their backsides handed to them on the individual mandate argument. There simply is no precedent for compelling citizens to purchase a product.

I doubt that even the addled Justice Kennedy can find sufficient precedent for such a dangerous idea.


10 posted on 08/15/2011 5:09:35 PM PDT by lurk
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To: lurk
I doubt that even the addled Justice Kennedy can find sufficient precedent for such a dangerous idea.

When the SCOTUS decision comes down, we can count on it being 5-4 -- with Kennedy representing the 5.

For the past twenty years-or-so, it can be said that the law is what Anthony Kennedy says it is.

11 posted on 08/15/2011 5:15:05 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: lurk

“There simply is no precedent for compelling citizens to purchase a product.”

I believe the Militia Act of 1792 sets a precedent in that it required men to provide themselves with a firearm, etc.

But that was limited and can be traced back to the Constitution. That’s not true of Obama Care.


12 posted on 08/15/2011 5:16:30 PM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: PROCON

How can anyone allow Elena Kagan to even be within 3 miles of this decision?

She, Breyer, Sotomayor and Ginsberg are committed Communists who vote with terror, the UN or anything that makes America weaker. The best thing would be when President Perry appoints two new conservatives when Sotomayor kicks and when Buzzy Ginsberg retires due to bad health.

I think this will come down to Kennedy.


13 posted on 08/15/2011 5:18:41 PM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: wac3rd

You mean President Palin.


14 posted on 08/15/2011 5:24:21 PM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Amber Lamps !"~~)
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To: PROCON

if the justices do the right thing and throw it out, will it end up helping Soetoro?


15 posted on 08/15/2011 5:32:01 PM PDT by hecht (TAKE BACK OUR NATION AND OUR NATIONAL ANTHEM)
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To: hecht

No.


16 posted on 08/15/2011 5:40:04 PM PDT by cranked
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To: PROCON

“The “experts” think Chief Justice Roberts will vote to uphold the individual mandate, I don’t think he will.”

If he does he will condemn the Bush administration for appointing him yet anther tyrannical abomination in a black robe grasping for limitless federal power.

Also if they do its a simple matter to do 2 things:

1: Mandate that all required insurance plans not cover procedures likely to be used by liberals or individuals who engage in leftist activities, by means of prohibiting reimbursement to doctors that do provide theses services to theses people. “because the doctor might simply charge more for their other services”

Start with obvious things like denying coverage to drug addicts. “To Save money”

Also prohibit coverage for abortion, birth-control, STD’s, ect.. again to “save money in the long run”

Also anyone who has ever been found to have engaged in theses “health risky” activity loses all possibility of coverage down the line for a long list of “potential resulting conditions.”

Call this the “personal responsibility and financial accountability mandate”.

The left insisted upon giving the Federal Government this tyranical power. Now let feel the pain, Let them suffer and die as a result!

Indeed as we are trying to control the cost of health care and we have this limitless power, we “must be justified” in denying them the possibility to even buy these services on their own.

2: Mandate the buying of “political insurance” from a goverment mandated pool which of course consist exclusively of republican party supporters.

One way or anther I won’t comply and I will defend my right not to comply with this abhorrent Unconstitutional usurpation of our rights.

A man has the right not to buy a service A man has a right to provided for his basic needs himself. The federal Government has no right to force a man to buy anyone elses services!

Healthcare for thousands of years in even the Western tradition has been a religious affair. The services payed for by the “approved list” do not

Besides if a man can be forced to buy a private service by the Federal Government then then Big Business really will have enslaved us thou the Force of the Federal goverment.


17 posted on 08/15/2011 6:05:43 PM PDT by Monorprise
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To: PROCON

I’ve been saying for a while Anthony Kennedy is the most powerful man in America, aside from the usurper President.

The really dangerous part is most people don’t notice it.


18 posted on 08/15/2011 6:10:29 PM PDT by 83Vet4Life
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To: PROCON
They had better outlaw the sheeples right to specify withholding exemptions if he doesn't.

Wild in the streets coming strong.

19 posted on 08/15/2011 6:15:57 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: cranked

Don’t you think that business will boom once that albatross is remove


20 posted on 08/15/2011 6:41:50 PM PDT by hecht (TAKE BACK OUR NATION AND OUR NATIONAL ANTHEM)
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To: hecht

if the justices do the right thing and throw it out, will it end up helping Soetoro?

It didn’t help Hillary....he’ll be a loser once again. This will be the dagger.


21 posted on 08/15/2011 6:43:32 PM PDT by oust the louse (A fine is a tax for doing wrong. A tax is a fine for doing well.)
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To: oust the louse

If it is upheld, then it is a very short road to taking 401k assets (over, say, 100k) to buy up foreclosed houses. On paper the houses “belong” to the former owner of the 401k. You see in fascism the government doesn’t need to own the assets, it just totally controls them.

If this scenario came to pass, can you imagine the “minority outreach” provisions it would include? Time to close the so-called wealth gap. All justices who voted to uphold Obamacare could be relied on to uphold this.


22 posted on 08/15/2011 7:29:33 PM PDT by FirstFlaBn
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To: PROCON

Just out of curiousity, do you have links to these so-called “experts”? It’s not that I doubt you - I don’t - I’d just like to see how tortured their reasoning is.


23 posted on 08/15/2011 7:32:12 PM PDT by Oceander (The phrase "good enough for government work" is not meant as a compliment)
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To: kennedy

When it comes to votes, it is ALWAYS about Kennedy. He, in fact, is THE most important man in America. HE controls the Supreme Court. His vote, left or right, decides 99% of the cases. 4 liberals, 4 conservatives and Kennedy. And don’t think for a minute is not aware of his power. He KNOWS he is the most powerful.


24 posted on 08/15/2011 8:07:36 PM PDT by RetiredArmy (EVERY knee shall bow and EVERY mouth shall say: Jesus Christ IS LORD!!!!)
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To: PROCON

I agree. I don’t think Roberts or Kennedy will vote for this monstrosity, especially the way the Court of Appeals struck down part of it. Hopefully, the Supremes will strike down the rest of it.


25 posted on 08/15/2011 8:49:22 PM PDT by Grey Eagle
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To: hecht; All
if the justices do the right thing and throw it out, will it end up helping Soetoro?

Of course. He'll spin it into a partisan attack on SCOTUS: "Look! Evil Republican judges killed your healthcare!" Obama's done it before...

Remember he used the State of the Union to attack the Supreme Court on Citizens United.

26 posted on 08/15/2011 8:56:43 PM PDT by newzjunkey
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To: FirstFlaBn

The government won’t have to take the money from your 401K. What it will do is require a portion of your retirement account be allocated to holding Treasury debt (safe and secure, doncha know). They will start small at first, about 10%. It will quickly balloon to 25%. Then more. In the beginning it will only be a requirement if you want to take advantage of the tax savings. Soon after, the allocation will be mandatory. Then they’ll eliminate the tax advantage.


27 posted on 08/15/2011 9:10:22 PM PDT by Sgt_Schultze (A half-truth is a complete lie)
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To: PROCON
"The "experts" think Chief Justice Roberts will vote to uphold the individual mandate, I don't think he will. "

Only a unrepentant, brazen Fascist/Statist could vote to uphold the Individual Mandate.

I Expect 6-3 or 7-2.

28 posted on 08/15/2011 9:22:16 PM PDT by Mariner (War Criminal #18)
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To: RetiredArmy

Good point but you exaggerate. 99% of the cases are not 5-4.


29 posted on 08/16/2011 5:28:32 AM PDT by scrabblehack
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To: PROCON

If I recall correctly, Kennedy voted with the government on the Kelo decision. That being the case, he thinks it’s okay to expand the reading of the constitution concerning the government’s power to confiscate property. I don’t think that bodes well for our side.


30 posted on 08/16/2011 6:25:08 AM PDT by Old Teufel Hunden
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To: PROCON

After reading the history of the railroad retirement act, and the social security act, It may depend on the wording. Did obamacare use the word premium or tax? Did it reference the general welfare clause?

The railroad retirement act as originally written was declared unconstitutional. After it was changed to a tax and for the general welfare, it was sustained.


31 posted on 08/16/2011 7:30:08 AM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: PROCON; All

I think Justice Roberts is an great justice...and I would be incredibly surprised if he did that!? I doubt he will.


32 posted on 08/18/2011 12:09:27 AM PDT by Rick_Michael (Obama Debt-Laden)
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