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.
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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 ...
>> “ Why should the state force me to buy liability insurance?” <<
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Really, they don’t. - They only force you to maintain financial responsibility in proportion to the risk you present. Most states allow the posting of a cash bond of some kind.
This reveals what Obama and the Democrats will do if this law is struck down.
They will argue that the only alternative now is.... SINGLE PAYER.
Kennedy is a libertarian. He does not believe in big government. Every time we’ve lost his vote has been a civil liberty issue.
Seed oils? What is seed oil?
>> “Yes it can survive without the mandate through taxes that the SC would have no problem with congress levying to keep it going.” <<
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False statement.
You don’t understand what the mandate is all about. The mandate is a crumb for the insurance companies, to offset the cost of covering “pre-existing” conditions. There is no way the court will saddle them with this requirement without the assurance of the mandate.
The whole law is toast for hundreds of reasons, but the biggest is the $2 trillion per year of increase in debt that simply cannot be supported by our economy. That is the real reason that this case is being heard.
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When is a decision made?
>> “What is seed oil?” <<
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Soy, safflower, corn, canola, sunflower, cotton, and peanut, primarily. - These are the polyunsaturated oils that are the main cause of the type II diabetes epidemic that is sweeping the country.
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The moment that Scott Brown was elected the interim Senator could not legally vote in the Senate—but Harry Reid delayed letting Brown take his seat for 3 weeks and let the imposter cast votes. But I think the critical Senate vote was taken before the special election in Massachusetts.
“False statement”
Nope..you are arguing policy not law.
No one can predict what side Kennedy will come down on but I think its more probable than not that the SC will not overturn the entire statute..we will see in June
What if only 1000 in us did not see a doctor? Would constitution allow their rights to be violated? Taking clause and 4 the amendment?
“False statement”
Nope..you are arguing policy not law.
No one can predict what side Kennedy will come down on but I think its more probable than not that the SC will not overturn the entire statute..we will see in June
What if only 1000 in us did not see a doctor? Would constitution allow their rights to be violated? Taking clause and 4 the amendment?
What about this: 6-3 upholding the mandate with both Kennedy and Roberts voting to uphold it. The C.J. votes last. Kennedy will vote 7th (second most senior associate justice). The C.J. assigns the opinion if in the majority, and the senior most associate justice assigns the opinion if the C.J. is not in the majority. If Roberts sees that Kennedy votes to uphold the mandate, he might want to prevent Kennedy from assigning the opinion to himself. If Roberts votes w/the libs., then at least he can assign the opinion to himself and write as narrow of an opinion as possible.
I think sotomayor may be a 6th vote against.
No part of Obamacare is severable, so the whole abortion has to go. That is the law at work.
Those judges like getting paid, just like everyone else, and that just wouldn’t be possible if the bill were to survive. Its impossible by at least one full order of magnitude. That is the true reason that the case was accepted.
Do you drink a lot?
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Question: Would a “single payer” health insurance system be constitutional if passed by congress.
Let's hope you don't come across someone with polio.
Or trip while taking out the garbage.
Or get hit by a car while walking.
Or get scratched by a cat so that you get infected.
Or run into Trayvon Skittles.
Cheers!
>>I think you mean Breyer. Souter quit 3 years ago.
Thanks for catching my mistake, you are absolutely right.
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