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Dems fear Supreme Court will rule against Obama on healthcare reform
The Hill ^ | 11/14/11 | Julian Pecquet

Posted on 11/15/2011 9:39:39 AM PST by freespirited

Democrats on Capitol Hill are worried that the Supreme Court will rule against President Obama’s healthcare reform law.

Over the last couple weeks, congressional Democrats have told The Hill that the law faces danger in the hands of the Supreme Court, which The New York Times editorial page recently labeled the most conservative high court since the 1950s.

While the lawmakers are not second-guessing the administration’s legal strategy, some are clearly bracing for defeat.

“Of course I’m concerned,” said Sen. Sherrod Brown (D-Ohio). The justices “decide for insurance companies, they decide for oil companies, they decide for the wealthy too often.”

The pessimism is fueled in part by the John Roberts court’s decision in the 2010 Citizens United case on corporate spending in elections, which Brown has called the “worst” in his memory.

The comments underscore the gamble the White House took when it opted not to seek to delay the high court’s review until after the 2012 election. That decision leaves the fate of Democrats’ signature domestic achievement in the hands of a right-leaning court that has consistently ruled against liberals on everything from campaign finance to the District of Columbia’s gun ban to Bush v. Gore.

The White House and House Democratic leaders were on message on Monday, refusing to display any doubt that they will prevail.

“We know the Affordable Care Act is constitutional,” White House communications director Dan Pfeiffer said in a statement Monday, “and are confident the Supreme Court will agree.”

House Minority Leader Nancy Pelosi (D-Calif.) said, “We are confident that the Supreme Court will find the law constitutional.”

However, other supporters of the law are not so sure.

Earlier this month, Sen. Bernie Sanders (I-Vt.) initially declined to comment, but when pressed on the conservative nature of the court, said, “We all know [the justices] are going to put their ideologies aside and do the right thing. Right?”

He then paused and said with a laugh, “Maybe we don’t know.”

The Supreme Court’s announcement on Monday that it will hear challenges to the law’s individual mandate and Medicaid expansion all but assures a ruling right before the 2012 election on the Democrats’ signature domestic achievement. The administration in September turned down its last chance to delay a ruling when it declined to request a full appeals court review first.

Sen. Tom Carper (D-Del.) said he has no problem with the White House wanting a decision as soon as possible.

“We need certainty,” Carper said.

“Politically, there are arguments both ways,” Sen. Richard Blumenthal (D-Conn.) told The Hill. “But dispelling uncertainty and seeking to resolve important questions of constitutional law when there are very grave practical implications is certainly the responsible course to take.”

Sen. Ben Nelson (D-Neb.), who is up for reelection, said trying to delay the high court’s review “just would have been political, and I think what they’re trying to do is get this decided on its merits. And I think that’s appropriate. “I really don’t have an opinion on how the court will treat this case,” Nelson said. “It’ll be whatever it is.”

Nelson supported healthcare reform in 2010, and that vote is expected to hamper his bid for a third term.

Sen. Sheldon Whitehouse (D-R.I.), a former state attorney general who sits on the Judiciary Committee, said that the individual mandate might very well fall, but that the law’s defenders have gotten “overexcited” about it.

The rest of the law will most likely survive, he said, preserving popular provisions that should help Democrats in the 2012 elections.

“So the mandate falls? Big deal,” Whitehouse said. “I think a family able to keep their sick kids on insurance even though they have pre-existing conditions, kids out of college able to stay on their parents’ policies while they look for that first job with healthcare — things like that are what will stick. Irrespective of what the Supreme Court says, that’s the things people really care about and are counting on.”

Democrats have vowed to come up with a remedy if the individual mandate is ruled unconstitutional. However, healthcare experts say such a fix will not be easy, noting that the mandate helps lower health premiums.

A health insurance law without a mandate would likely make it too costly for insurers to abide by the law’s requirements to cover all sick people without charging them more because it would attract mostly high-risk people.

Congressional Democrats, many of whom have railed against the Roberts court, released statements on Monday that predicted victory.

House Ways and Means Committee ranking member Sandy Levin (D-Mich.) said he has “every reason” to believe the court will uphold the law.

Rep. Pete Stark (Calif.), the top Democrat on the Ways and Means Health panel, said, “I’m looking forward to a Supreme Court ruling that will force Republicans to join Democrats in governing instead of continuing their political grandstanding.”

Republicans are just as certain they’ll prevail.

The law’s individual mandate “is both unpopular and unconstitutional,” Ways and Means Committee Chairman Dave Camp (R-Mich.) and Health subcommittee Chairman Wally Herger (R-Calif.) said in a joint statement, “and [we are] pleased that the court is acting swiftly to address the issues in this case.”


TOPICS: News/Current Events
KEYWORDS: bhohealthcare; citizensunited; fearfuldems; healthcare; lawsuit; obamacare; overthrown; overuled; scotus; unconstitutional
Sen. Sheldon Whitehouse (D-R.I.), a former state attorney general who sits on the Judiciary Committee, said that the individual mandate might very well fall

Even RATS know they crossed the line.

1 posted on 11/15/2011 9:39:40 AM PST by freespirited
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To: freespirited
They better and if they don't then the GOP better be ready to defund every aspect of it.
2 posted on 11/15/2011 9:41:54 AM PST by tobyhill (Obama, The Biggest Thief In American History)
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To: freespirited
“Of course I’m concerned,” said Sen. Sherrod Brown (D-Ohio). The justices “decide for insurance companies, they decide for oil companies, they decide for the wealthy too often.”

This moron has absolutely no understanding of the Constitution. It is amazing how an idiot like this can get elected! Yea, I know, by all the other idiots.

3 posted on 11/15/2011 9:44:01 AM PST by mosaicwolf (Strength and Honor)
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To: freespirited
Maybe Obummer will regret that he made a fool of himself and an enemy of the Court by lying about the Supreme Court's Citizens United decision right in front of them at the State of the Union address. What an idiot he is.
4 posted on 11/15/2011 9:44:20 AM PST by hsalaw
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To: mosaicwolf
This moron has absolutely no understanding of the Constitution.

He's no worse than the O!!!

5 posted on 11/15/2011 9:46:20 AM PST by freespirited
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To: freespirited

Democrats on Capitol Hill are worried that the Supreme Court will rule against President Obama’s healthcare reform law.

AS DAMN WELL THEY SHOULD BE!...


6 posted on 11/15/2011 9:47:20 AM PST by AngelesCrestHighway
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To: freespirited

I swear, this a-holes don’t even bother to hide the Marxism any more, just like the maggot infested OWS hippies.


7 posted on 11/15/2011 9:49:26 AM PST by Marathoner (Occupy Wall Street = Useful Idiots on Parade)
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To: freespirited

FAKE STORY. The Rats fully expect, as do I that the flunkies they have on the Supreme Court will rubber stamp the whole thing. After all, the judgie-wudgies wouldn’t want to lose their own cushy gubmint benefits!!!


8 posted on 11/15/2011 9:50:50 AM PST by browniexyz
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To: freespirited

I remain unconvinced our Supreme Court will see this matter clearly.


9 posted on 11/15/2011 9:53:23 AM PST by DoughtyOne (Obyema 2012 - he has addition deficit disorder... (not my line, but a great one to repeat))
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To: freespirited

May their fears become a gleaming reality.

What this says, actually, is that they don’t really care to know if it’s constitutional or not, as long as they get their way. Who cares about the constitutional rights of individual patients and health care providers.


10 posted on 11/15/2011 9:54:14 AM PST by pieceofthepuzzle
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To: freespirited
Sen. Ben Nelson (D-Neb.), who is up for reelection, said trying to delay the high court’s review “just would have been political, and I think what they’re trying to do is get this decided on its merits. And I think that’s appropriate. “I really don’t have an opinion on how the court will treat this case,” Nelson said. “It’ll be whatever it is.”

And yet you voted for it, Senator? Despite apparently being utterly, totally ambivalent about it? You need to be run out of office on a rail!
11 posted on 11/15/2011 9:55:19 AM PST by Buckeye McFrog
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To: freespirited

We all know [the justices] are going to put their ideologies aside and do the right thing. Right?”

Yeah, Barry...just you put your ideology aside when you shoved this up the butt of the American people.

I pray to GOD the Supreme Court strikes this travesty DOWN as firmly and completely as it deserves.

Question: So what if Kagan refuses to recuse herself? Can she be forced to do so?


12 posted on 11/15/2011 9:55:32 AM PST by Adder (Say NO to the O in 2 oh 12)
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To: hsalaw

That decision leaves the fate of Democrats’ signature domestic achievement in the hands of a right-leaning (MAKE THAT CONSTITUTION LEANING) court that has consistently ruled against liberals on everything from campaign finance to the District of Columbia’s gun ban to Bush v. Gore.


13 posted on 11/15/2011 9:56:04 AM PST by taterjay
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To: mosaicwolf
Yea, I know, by all the other idiots.

Throughout our history that has always been the case. The distressing thing in these modern times is idiots are getting closer to outnumbering the non-idiots.

14 posted on 11/15/2011 9:56:58 AM PST by Jagdgewehr (It will take blood.)
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To: freespirited

I think the RATS want it overruled. Gets them off the hook and one less issue for 2012.


15 posted on 11/15/2011 10:03:22 AM PST by stubernx98 (cranky, but reasonable)
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To: Adder
Question: So what if Kagan refuses to recuse herself? Can she be forced to do so?

I dont know, but am under the impression that the decision is left up to the justice in question.

16 posted on 11/15/2011 10:04:09 AM PST by freespirited
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Look! It's Spam!!!


Click The Spam And Donate

Donate Anyway

17 posted on 11/15/2011 10:04:32 AM PST by DJ MacWoW (America! The wolves are here! What will you do?)
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To: freespirited

This is why Obummer is pushing to get it decided before 2012.
He knows it will fail but wants to use it as an excuse to fire up the base to come out and vote and throw out the the GOP house and save his behind.


18 posted on 11/15/2011 10:07:00 AM PST by Zathras
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To: freespirited
the Supreme Court, which The New York Times editorial page recently labeled the most conservative high court since the 1950s.

As Einstein proved, a New York Times editorial page that is hurtling leftward at indeterminate speed cannot tell whether anything else is moving to the right. From the moving platform of the Times, everything appears to be moving to the right.


19 posted on 11/15/2011 10:10:33 AM PST by Nick Danger (Pin the fail on the donkey)
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To: freespirited
Dems fear Supreme Court will rule against Obama on healthcare reform

They should be crapping in their pants. Obamacare is unconstitutional.

The fat lady hasn't sung, however. The fat lady here is, Jusitce Anthony Kennedy. That should strike fear in every conservative.

20 posted on 11/15/2011 10:13:11 AM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: freespirited

I am under that impression also. So all she has to do is refuse to do so.....

That sux.


21 posted on 11/15/2011 10:14:53 AM PST by Adder (Say NO to the O in 2 oh 12)
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To: freespirited
"“So the mandate falls? Big deal,” Whitehouse said. “I think a family able to keep their sick kids on insurance even though they have pre-existing conditions, kids out of college able to stay on their parents’ policies while they look for that first job with healthcare — things like that are what will stick. Irrespective of what the Supreme Court says, that’s the things people really care about and are counting on.”

Perhaps Sen. Whitehouse didn't notice that in their haste to slam ACA through they forgot to include a severability clause? Or that the court has agreed to hear arguments on severability?

If there is no severability, if one provision is found unconstitutional the whole bill is unconstitutional.

22 posted on 11/15/2011 10:14:53 AM PST by In Maryland ("If stupidity got us into this mess, why can't it get us out?" - Mark Twain)
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To: freespirited
6-3 in favor of mandated “health care”. Scalia is a sucker for the Commerce clause and his influence might sway Kennedy into “activism”.

Scalia’s work during his stint at the Office of Legal Counsel created havoc on his outlook of the clause.

I hope I am wrong, but history of his decisions involving Federal “encroachments” is very broad to say the least.

23 posted on 11/15/2011 10:17:12 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: Zathras

Bingo.


24 posted on 11/15/2011 10:18:35 AM PST by Obadiah (If Reagan were alive today he'd be spinning in his grave.)
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To: rollo tomasi
Sorry "...Federal “encroachments” is are very broad to say the least."
25 posted on 11/15/2011 10:19:04 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: freespirited

So basically nee this is overturned as I think it will be then that means that Obama wasted 2 years watching the economy meltdown by spending so much time on this and then the failed stimulus that did nothing to create jobs....the RNC should flash photos with things said in the background about all of these failed things and ask at the end when he was going to think about the economy with a long line of people around the building waiting at the unemployment office.


26 posted on 11/15/2011 10:26:42 AM PST by chris_bdba
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To: mosaicwolf

I’m hoping we can un elect Sen Brown in 2012.


27 posted on 11/15/2011 10:27:40 AM PST by chris_bdba
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To: freespirited

Insurance is such a mess today. Thanks to political mucking around with it, and then the companies’ trying to get around the mucking. The end result is a company that fights the customer tooth and nail for valid claims through a myriad of a maze of paperwork.

THe dem solution is socialist. Force everyone to buy it.

We need to overhaul it completely. And I think customers need to be more informed about the companies and if you think they are being irresponsible by giving out mega bonuses to their top people while nickling and diming policy holders with valid claims, they should know that’s how that company operates and avoid them.

Or join some of the Christian healthcare groups that assist in covering medical problems. They’re considered valid plans to join even under Obamacare.


28 posted on 11/15/2011 10:27:47 AM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: freespirited

Based on they way some of these lower courts have ruled including the most recent with a staunch conservative judge (HA!) appointed by Reagan I would not be so sure.

The way I see it, it will be by pure luck that this monstrosity is removed.


29 posted on 11/15/2011 10:29:25 AM PST by CSI007
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To: freespirited

The Florida case, backed by 26 total states is the going to be the key to this whole thing. It was presented soundly and decided in our favor through the original decision and the appeals court. The Virginia case which ended up facing the 2-1 Dem case is also strong, but will require this court to reverse the decision. I believe when these two legal teams combine their effort, our chances on the mandate are good. Although Scalia has shown a love for the commerce clause, he also is likely to recognize the difference in requirement to purchase a product for 300,000,000 people vs his use of the clause in the past. He’s with us a heck of a lot more than he is against us on these major issues. That is my gut feeling, at this point.


30 posted on 11/15/2011 10:48:04 AM PST by ilgipper (Everything you get from the government was taken from someone else)
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31 posted on 11/15/2011 10:54:46 AM PST by RedMDer (Forward With Confidence!)
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To: freespirited

Beginning to set up the narrative so if they lose they can say, “see, we TOLD you this right wing court would vote against the people”


32 posted on 11/15/2011 10:56:55 AM PST by 101voodoo
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To: Jagdgewehr

We are living out the movie “Idiocracy”.


33 posted on 11/15/2011 11:01:17 AM PST by Repeal The 17th
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To: freespirited
Obama will FAIL! I wonder if the OWS crowd will storm the Supreme judges homes.
This thing better fail or Every American will become a criminal by
just existing.
IOW, inaction will be criminal.
34 posted on 11/15/2011 11:04:26 AM PST by MaxMax
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To: In Maryland

If they declare the individual mandate is unconstitutional,
but keep the requirement for insurance companies to cover pre-existing conditions...

I, along with millions of others, may very well drop coverage until I get sick.

Wish I could do that with my car insurance!
Hello? State Farm? I just had a wreck and I need for you to pay for it.


35 posted on 11/15/2011 11:05:13 AM PST by Repeal The 17th
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To: mosaicwolf

With the disclosures concerning Pelosi’s IPO shenanigans and the high percentage of Department of Energy grants and loan guarantees that went to Friends of Obama, you would think that Democrats would at least blush when they engage in this kind of “friend of the little guy” class warfare nonsense.


36 posted on 11/15/2011 11:08:05 AM PST by p. henry
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To: Repeal The 17th

Exactly. Obama’s system does not work without the individual mandate.


37 posted on 11/15/2011 11:10:47 AM PST by p. henry
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To: browniexyz

If they OK the individual mandate it will be off to the races with government control over the individual in America. Commerce power analysis has already been a disaster. I’m seriously starting to contemplate other places to spend the second half of my life.


38 posted on 11/15/2011 11:15:46 AM PST by Trod Upon (Obama: Making the Carter malaise look good. Misery Index in 3...2...1)
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To: In Maryland

Re: “Perhaps Sen. Whitehouse didn’t notice that in their haste to slam ACA through they forgot to include a severability clause?”

Per: Roger Vinson, of the U.S. District Court for the Northern District of Florida ruling,

“The lack of a severability clause in this case is significant because one hadbeen included in an earlier version of the Act, but it was removed in the bill thatsubsequently became law. “Where Congress includes [particular] language in anearlier version of a bill but deletes it prior to enactment, it may be presumed thatthe [omitted provision] was not intended”

ref:
http://www.scribd.com/doc/47905827/Obamacare-Florida-Decision


39 posted on 11/15/2011 12:21:08 PM PST by Buscador
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To: Buscador

Even better!


40 posted on 11/15/2011 2:55:24 PM PST by In Maryland ("If stupidity got us into this mess, why can't it get us out?" - Mark Twain)
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