Posted on 03/27/2012 4:36:28 PM PDT by Clintonfatigued
Paul Clement has been receiving rave reviews for his performance during the second day of oral arguments over health-care reform before the Supreme Court. ([T]he best argument Ive ever heard, SCOTUSblog Tom Goldstein raved on Twitter). But Clements finest moment may have come when he was completely silent.
A little more than two minutes into Solicitor General Donald Verillis turn at the bar, Justice Anthony Kennedy interrupted him: Can you create commerce in order to regulate it?
Kennedys query was an almost verbatim recital of Clements own talking point, part of the fundamental argument he has made against the individual mandate. In his brief to the Court, and later during his oral argument, he said Obamas health-care law represents an unprecedented effort by Congress to compel individuals to enter commerce in order to better regulate commerce.
Its a recasting of the original argument used by opponents of the mandate: that Congress has overstepped its constitutional authority by regulating inactivity rather than activity.
____________________________________________________________________________________________________________________
Seen through that lens, Clement has to be feeling pretty good about his experience at the Court earlier today. While he faced tough, bordering-on-hostile questions from the four liberal justices most notably from Justice Steven Breyer, who seemed to be lecturing more than asking the two justices who seem most open to persuasion by either side, Kennedy and Chief Justice John Roberts, were far tougher on Verilli. And when they did have questions for Clement, he handled them with aplomb.
(Excerpt) Read more at nymag.com ...
Heh, heh.
I don’t get infected. Contagion is not normal; it requires a breakdown of the immune system to make you suceptible. Even Pasteur admitted that on his deathbed.
I’ve been in contact with everything that can be found in the headworks piping of an old sewage treatment plant without any problem. I went in with nothing but a hat, poncho, and booties; everyone else insisted in suiting up. Some of the guys that were suited up did get sick too.
Its all “body geography.”
I have no confidence in SCOTUS but there is a better chance for them to overturn it than a GOP-led Congress.
The law of the case will be what the SC says it is not what you or I or anyone else says it is.
Those judges have life appointments the ruling is going to be 5-4 whatever way it goes. Do you really think its logical to think members of the SC is not going to get paid based on their holding in this case?
” - - - Justice Anthony Kennedy interrupted him: Can you create commerce in order to regulate it?
This has been the primary goal of Dictator Baby-Doc Barack: Regulate -— Control -— DESTROY!
If THE NINE SUPREMES uphold the individual mandate, then the precedent is set in Constitutional Law: THERE IS NOTHING THAT LIMITS THE POWER OF THE FEDERAL GOVERNMENT OVER THE INDIVIDUAL.
The proud history of America will be wiped off the map of the future.
You clearly do not understand the economic picture, but the justices do. It they were to take the entire GDP as taxes, it still wouldn’t pay the cost.
We’re probably passed the point of no return; Porter Stansbury thinks so. We just hit an all time low of the Dollar vs the Yuan; is that supporting your La-la-las?
But in that scenario, how can the government stop offshore insurers from arising and offering plans where premiums are claims are paid online?
“Question: Would a single payer health insurance system be constitutional if passed by congress.”
No, unless they paid fair value for the trillions of dollars they would be seizing.
They can’t afford it.
I'm sorry but that is pure fantasy on your part.
There was a rumor going around way back when I was in law school that said in effect that if lawyers were good in math they would have gone to medical school.
So you think the SC justices understand economics....
“That’s insane. Without the individual mandate, Obamacare collapses like a house of cards. It becomes financially unsustainable. It is the linchpin of the entire bill. “
Correct.
The house of cards is the forcing of insurance companies to accept preexisting conditions without jacking up rates.
Force insurance companies to do that, and people will ‘game’ the system to take insurance only after they need it. Hence the mandate.
“Why should the state force me to buy liability insurance?”
You are not forced to buy liability insurance. You can walk.
This is very different from healthcare for the simple reason that if you are on the road you can get in an accident that creates damage for other people. you are not required to buy collusion insurance for yourself.
As everyone who’s been through driver’s ed knows, driving is a privilege, not a right.
“When Kagan did not recuse herself (as legally she should have), I assumed the fix was in.”
Obama and his minions disregard the law.
Ignore him. Troll just registered today.
Ignore him. Troll just registered today.
Correct - without the mandate [and the rest of the law remains in effect] , the insurance companies would NEVER gone along with it - otherwise, it is uneconomical and will bankrupt them ...
If the mandate is found unconstitutional - one of two things [or both] are gonna happen ...
1. The insurance companies are going to use their lobbying power to get Congress to repeal the provisions for covering people with pre-existing conditions, covering children up to age 26, etc.
2. The insurance companies are goig to jack rates to cover items in Item #1, above ...
Your lips to God's ears. Hugh Hewitt played his oral arguments throughout his show today, and, beyond impressive.
I have not heard anyone argue that what the government is doing is both specifying in every instance what the service shall be AND what shall be paid for it. Hence this is nothing less than total control, not mere "regulation."
I would suspect that the law in your state says that you do not have to buy the insurance if you can demonstrate the financial capability of paying a specific size of claim.
No, unless they paid fair value for the trillions of dollars they would be seizing.
They cant afford it.
Actually, yes. A government-run healthcare system WOULD be constitutional IF the government paid for it in NEW taxes ...
HOWEVER, the American public [as a majority] WOULD NOT go along with this and the weenies in Congress who voted for such a thing would be tossed out next time they were up for election.
THAT is why they came up with the mandate ...
I know, and Senate Republicans just lay down for any wishy-washy moderate that their Republican president may nominate. Look at how they voted in Harriet Miers.
Oh wait.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.