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Justice Scalia to Obama’s Solicitor General: ‘We’re not stupid’ [AUDIO]
The Daily Caller ^

Posted on 03/27/2012 1:56:30 PM PDT by Sub-Driver

Justice Scalia to Obama’s Solicitor General: ‘We’re not stupid’ [AUDIO] By Nicholas Ballasy - The Daily Caller 3:39 PM 03/27/2012 ADVERTISEMENT

While Solicitor General Donald Verrilli, Jr. made the Obama administration’s case for the constitutionality of the individual mandate in the health-care law Tuesday, Supreme Court Justice Antonin Scalia interrupted, telling Verrilli, “we’re not stupid.”

Justice Elena Kagan, a former solicitor general appointed by President Obama to the high court, sided with Verilli in arguing that young people should be required by the federal government to purchase health insurance because eventually, others will subsidize their health care in the future.

Scalia shot back, arguing that young people will make the decision to buy health insurance eventually and do not need to be forced by the federal government to engage in commerce.

The transcript of the exchange is below:

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


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: 3branches; constitution; constitutionality; court; healthcare; impeach; justice; justicescalia; kagan; obamacare; scotus; scotusobamacare; scotusocareday2; supremecourt
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To: Sub-Driver
I wonder, does Kagan get out from behind the bench as she argues for Obamacare or does she do it from behind the bench. Inquiring minds want to know!
61 posted on 03/27/2012 2:58:07 PM PDT by liberalh8ter (Barack has a memory like a steel trap; it's a gift ~ Michelle Obama)
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To: Sub-Driver

Why, Oh Why isn’t Kagan being forced to recuse herself?

She drafted much of the arguments that went before the lower courts!!!


62 posted on 03/27/2012 2:58:07 PM PDT by ridesthemiles
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To: Sub-Driver

“arguing that young people should be required by the federal government to purchase health insurance because eventually, others will subsidize their health care in the future.”

Is this an actual argument? I mean, at least with Social Security they pretend you’re getting back your own money. This sort of blatant tit for tat won’t be very popular.

And that is to say nothing of whether it’s true, or only true because other unconstitutional laws in the past made it true. Or whether it makes any sense, even if you accept all socialist preconditions.


63 posted on 03/27/2012 2:59:56 PM PDT by Tublecane
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To: allmendream

” One is that if the power to regulate interstate commerce is actually the power to regulate interstate commerce, intrastate commerce, and any activity that might have any effect upon commerce - then we do not have a government of limited and enumerated powers - but one of nearly limitless and innumerable powers.”

With Obama in power, it would be LIMITLESS. He answers to nobody but his fellow gangsters.


64 posted on 03/27/2012 3:01:45 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: lacrew

“Using the same logic, the government could ban cigars, high calorie drinks, high fat meals, you name it. Nothing is off limits”

Mr. Socialist: Uh-huh. What’s you’re point?


65 posted on 03/27/2012 3:05:49 PM PDT by Tublecane
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To: stephenjohnbanker

If Kagan didn’t vote, they would still need 5 votes to rule against obamacare.


66 posted on 03/27/2012 3:07:26 PM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
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To: max americana

And if that pompous incompetent president is re elected he can appoint at least two and maybe three more just like Kagan and the wise Latina. That’s why it’s of utmost important that he is not re elected. Imagine 2-3 more Ginsbergs sitting on the court. Just imagine.


67 posted on 03/27/2012 3:09:58 PM PDT by NotTallTex
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To: ding_dong_daddy_from_dumas

That doesn’t matter. The fact is, that due to her history on Obamacare, she has no right to sit there and judge .


68 posted on 03/27/2012 3:10:09 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: jtal

Kagan is a classic Dem slimebag who knows she should have recused herself after having supervised the attorneys working on the defense of the mandate as Solicitor General. The advocacy that dirtbag and Breyer were preaching from the bench was disgusting


69 posted on 03/27/2012 3:11:45 PM PDT by chuckee
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To: Sarah Barracuda

I pray for the continued good health for those men.

Has a Supreme Court Justice ever been impeached? I think it’s time. Kagan should not be there and never SHOULD have been there. Thanks again, snarlin’ Arlen.


70 posted on 03/27/2012 3:14:40 PM PDT by SueRae (Tale of 2 Towers - First, Isengaard (GOP-e), then, the Tower of Sauron on 11.06.2012)
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To: Doogle
toast

71 posted on 03/27/2012 3:16:04 PM PDT by y6162
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To: Sub-Driver

The fact that Kagan is sitting in on this proves the process is a travesty.

I have zero confidence that the Supreme Court will rule appropriately, in spite of the good justices Scalia, Roberts and Thomas.


72 posted on 03/27/2012 3:17:42 PM PDT by rlmorel (A knife in the chest from a unapologetic liberal is preferable to a knife in the back from a RINO.)
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To: allmendream

“the power to regulate interstate commerce is actually the power to regulate interstate commerce, intrastate commerce, and any activity that might have any effect upon commerce - then we do not have a government of limited and enumerated powers”

Then we haven’t had a government of limited and enumerated powers since Wickard v. Filburn, or some 70 years ago. But it’s worse than that, for the Obamacare mandate doesn’t regulate an activity that might have an effect on interstate commerce. It regulates non-activity, which of course makes no sense (how can you regulate that which doesn’t exist?).

Now (again, in the case Obamacare is upheld) interstate commerce means not just interstate commerce, intrastate commerce, any activity that might have any effect upon commerce, and any non-activity that might have an effect on anything.


73 posted on 03/27/2012 3:18:21 PM PDT by Tublecane
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To: Sub-Driver

the obama administration as a whole has a problem with treating everyone as stupid.

They treated the Cardinals representatives as stupid by lecturing THEM as to what was or was not catholic.


74 posted on 03/27/2012 3:18:41 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Sub-Driver

Kagan comes across as a mega lightweight.

She was not asking questions, she was projecting agreement because the lawyer was make HER presentation to Obama.


75 posted on 03/27/2012 3:23:25 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Sub-Driver

sfl


76 posted on 03/27/2012 3:24:30 PM PDT by know-the-law
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To: gov_bean_ counter; GeronL

Listen to it on the internet.
It is on now:
http://www.marklevinshow.com/home.asp


77 posted on 03/27/2012 3:28:30 PM PDT by rawhide
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To: rawhide

thanks, I forgot time zones


78 posted on 03/27/2012 3:30:53 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: Doogle

I fear that the statements, questions, etc from SC Judges don’t reflect their stated political / constitutional beliefs.


79 posted on 03/27/2012 3:31:19 PM PDT by NoLibZone (When will Obama call Trayvon's mom? He was quick to call Sandra Fluke.)
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To: Mangia E Statti Zitto

The report was they were both seen at the same restaurant last night, but were not dining together.


80 posted on 03/27/2012 3:31:35 PM PDT by rawhide
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