Skip to comments.Dems Warn Of ‘Grave Damage’ To SCOTUS If ‘Obamacare’ Is Struck Down
Posted on 03/29/2012 1:50:01 PM PDT by Sybeck1
A handful of Senate Democrats sought to assure doubtful liberals that the Supreme Court justices arent ready to strike down their crowning achievement, standing before cameras and mics Wednesday in front of the court. One warned that doing so would ruin the courts credibility.
This court would not only have to stretch, it would have to abandon and completely overrule a lot of modern precedent, which would do grave damage to this court, in its credibility and power, said Sen. Richard Blumenthal (D), a former attorney general of Connecticut. The court commands no armies, it has no money; it depends for its power on its credibility. The only reason people obey it is because it has that credibility. And the court risks grave damage if it strikes down a statute of this magnitude and importance, and stretches so dramatically and drastically to do it.
Sen. John Kerry (D-MA) said the law has been thoroughly vetted.
As a senior member of the Finance Committee, he said, I can tell you that we had one of the most rigorous and transparent legislative processes that I have witnessed in almost 3 decades here in the Congress. We worked with some of the brightest, most thoughtful and experienced constitutional lawyers in order to make sure that the law was constitutional.
Kerry said the assumptions that tough questions from the justices will amount to striking down some or all of the Affordable Care Act are a fallacy he predicted, as the final oral arguments were transpiring inside, that it would be upheld.
Now I am glad as I think any of us whove practiced law are to see the intense questions from the justices. Theyre engaged, and they are thoughtfully working through these issues, Kerry said. But questions are a legitimate way of probing the basis of their own thinking. They are not an indication of a judgment made, or a vote ready to be cast. Theyre working through this process as they ought to, mindful of the fact that 30 courts below them have already made a judgment upholding it.
Blumenthal and Kerry who were joined by Sen. Jeff Merkley (D-OR) called the press conference one day after liberals and other court watchers expressed serious doubts that the justices would uphold the Affordable Care Acts requirement to purchase insurance, a central pillar of the law. The firestorm was ignited by legal analyst Jeffrey Toobin, who called Tuesdays arguments a train wreck for the White House and predicted that Obamacare would be struck down.
Pushing back, Blumenthal said that theres a heavy burden on the challengers.
Everybody learns in the first year of law school that the law thats challenged is presumed to be constitutional, Blumenthal said. That is a heavy burden for anyone challenging the constitutionality of a law to overcome. When in doubt, uphold the law. There is a lot of room for doubt here, and there is a lot of clear precedent that requires this court to uphold this law.
The Democrats level of confidence has diminished since the days when they dismissed a constitutional challenge to the Affordable Care Act as frivolous. Indeed, the tough questioning from swing Justices John Roberts and Anthony Kennedy about the limits of federal power at least rattled liberals enough to require the nerve-soothing press conference. But Democrats are seeking to quell liberal fears that the game is already over.
Experts say its too difficult to predict how the court will rule.
Affordable Care Act, HCR/SCOTUS, Supreme Court
If like Kerry says this has been totally vetted, why did they exclude Republicans completely from participating?
Do liberals really think this way?
The court depends for its power on its Constitutional status as the highest level of the judicial branch of government.
I keep waiting for lightning to strike these people.
Their dishonesty is breathtaking.
“The court commands no armies, it has no money; it depends for its power on its credibility. The only reason people obey it is because it has that credibility. And the court risks grave damage if it strikes down a statute of this magnitude and importance, and stretches so dramatically and drastically to do it.
Kind of like creating a right of ‘privacy’ and then twisting and torturing the English language to make abortion legal?
CTA (covering their a$$es).
Kery : I can tell you that we had one of the most rigorous and transparent legislative processes that I have witnessed in almost 3 decades here in the Congress.”
We had to pass it to find out what was in it. How is that transparent??
Wow... just wow...
They show their disdain for the Constitution,
and at the same time implicitly threaten disobedience to the rulings of the court if they rule against them?
I’d wager “Kelo” already did some major damage.
You nailed it. The dems are obviously applying political pressure on the court, but that could backfire big time.
ROFL....the arrogance from the left over the healthcare debate is staggering.
Translation: Spike Lee gonna tweet all your home addresses unless you vote for Obammycare!
I didn't know that. It explains why the Necessary and Proper clause is kryptonite to the Left. Since the people are the sovereign, there should be a presumption of liberty and not a presumption of constitutionality.
” Sen. John Kerry (D-MA) said the law has been thoroughly vetted.
As a senior member of the Finance Committee, he said, I can tell you that we had one of the most rigorous and transparent legislative processes that I have witnessed in almost 3 decades here in the Congress “
Is this why Pelosi CHANGED the Locks on the DOORS ????
Three hours. Tops. For members and the public to read it, prior to the vote. 2700 pages. So, 15 pages per minute, to read it. Result? NOBODY read it. That's Rigorous. That's Transparent.
Vetted? Really? By whom? The Dems that voted for it didn’t even read the damned thing. This is a blatant attempt to intimidate The Court by 3 sitting Senators by referencing the Courts reliance on the Senate for funding.
How low-brow of Kerry and his merry band of democrat senators to threaten the Judicial Branch.
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