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How Paul Clement Won the Supreme Court’s Oral Arguments on Obamacare
New York ^ | March 27, 2012 | Jason Zengerle

Posted on 03/27/2012 4:36:28 PM PDT by Clintonfatigued

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To: grey_whiskers

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.”


101 posted on 03/27/2012 8:06:56 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: BenLurkin

I have no confidence in SCOTUS but there is a better chance for them to overturn it than a GOP-led Congress.


102 posted on 03/27/2012 8:11:23 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: editor-surveyor
You are wrong I suspect. The SC does not need a severability clause, thats simply a myth.

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?

103 posted on 03/27/2012 8:17:04 PM PDT by montanajoe
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To: Clintonfatigued
Clement hasn't won anything yet, other than some "attaboy"s for his work so far. I'll believe it is going down when I see it happen, although it will likely only be a 5-4 at best, which means the Left will still be insufferable and demanding.
104 posted on 03/27/2012 8:22:17 PM PDT by Major Matt Mason ("Journalism is dead. All news is suspect." - Noamie)
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To: Clintonfatigued

” - - - 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.


105 posted on 03/27/2012 8:30:50 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: montanajoe

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?


106 posted on 03/27/2012 8:35:04 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: ak267
Tempt/coerce citizens and employees (with fines lower than their current insurance rates) to dump private plans and go to state “lower costing” co-ops which will make private health plans raise their rates and go out of business. Gov’t becomes the only player in town.

But in that scenario, how can the government stop offshore insurers from arising and offering plans where premiums are claims are paid online?

107 posted on 03/27/2012 8:40:18 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: cornfedcowboy

“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.


108 posted on 03/27/2012 8:46:51 PM PDT by Jim Noble ("The Germans: At your feet, or at your throat" - Winston Churchill)
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To: editor-surveyor
I'm curious, what evidence do you have to conclude that the justices understand the economic picture?

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....

109 posted on 03/27/2012 8:49:47 PM PDT by montanajoe
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To: kabar

“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.


110 posted on 03/27/2012 9:16:55 PM PDT by WOSG (Anyone But Obama)
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To: Doe Eyes

“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.


111 posted on 03/27/2012 9:20:50 PM PDT by WOSG (Anyone But Obama)
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To: ought-six

“When Kagan did not recuse herself (as legally she should have), I assumed the “fix” was in.”

Obama and his minions disregard the law.


112 posted on 03/27/2012 9:28:01 PM PDT by WOSG (Anyone But Obama)
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To: editor-surveyor

Ignore him. Troll just registered today.


113 posted on 03/27/2012 9:57:50 PM PDT by originalbuckeye
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To: editor-surveyor

Ignore him. Troll just registered today.


114 posted on 03/27/2012 10:02:10 PM PDT by originalbuckeye
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To: WOSG
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.

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 ...

115 posted on 03/27/2012 10:07:21 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Clintonfatigued
If Obama is defeated for reelection, Clement may be headed for the Supreme Court again, this time as a member.

Your lips to God's ears. Hugh Hewitt played his oral arguments throughout his show today, and, beyond impressive.

116 posted on 03/27/2012 10:11:13 PM PDT by denydenydeny (The more a system is all about equality in theory the more it's an aristocracy in practice.)
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To: Clintonfatigued
Actually, what the Obama administration is arguing is not just force commerce but price fixing. They are forcing people who don't want or need health insurance into the pool in order to make it cheaper for others. So their purpose is not to regulate the contract between supplier and customer but to control market pricing.

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."

117 posted on 03/27/2012 10:13:14 PM PDT by Carry_Okie (There is no such thing as "renewable" energy.)
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To: Doe Eyes
Why should the state force me to buy liability insurance?

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.

118 posted on 03/27/2012 10:15:06 PM PDT by Carry_Okie (There is no such thing as "renewable" energy.)
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To: Jim Noble
“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.

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 ...

119 posted on 03/27/2012 10:15:36 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Breto
unfortunately Romney has no record of nominating or supporting conservatives for any court anywhere so I wouldn’t hold your breath..

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.

120 posted on 03/27/2012 10:16:37 PM PDT by denydenydeny (The more a system is all about equality in theory the more it's an aristocracy in practice.)
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