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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
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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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