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Dems fume over Justice Scalia’s comments during healthcare case
The Hill ^ | 03/30/12 05:15 AM ET | Alexander Bolton

Posted on 03/30/2012 11:27:32 AM PDT by BradtotheBone

Democrats are fuming over Justice Antonin Scalia’s conduct during this week’s Supreme Court deliberations on President Obama’s healthcare law.

While several of the high court’s liberal justices seemed to cheerlead for its defense, Scalia appeared hostile to the law, an attitude that rubbed some Democrats the wrong way.

Scalia mocked the so-called “Cornhusker Kickback” without seeming to know that provision was stripped out of the law two years ago.

Scalia also joked that the task of having to review the complex bill violated the Eighth Amendment’s ban on cruel and unusual punishment.

“You really want us to go through these 2,700 pages?” he quipped. “Is this not totally unrealistic, that we are going to go through this enormous bill item by item and decide each one?”

The comments did not sit well with Sen. Ben Nelson (D-Neb.), a member of the Gang of 14, which in 2005 established guidelines for considering judicial nominees.

“I am concerned that Justice Scalia’s comments call into question his impartiality and instead suggest judicial activism,” Nelson said.

Nelson was taken aback by Scalia’s suggestion that reading the law was too much to expect of justices ruling on its constitutionality.

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


TOPICS: Extended News; Government
KEYWORDS: democratcorruption; democrats; justicescalia; obamacare; scotus; scotusocareanalysis; socialisthealthcare
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1 posted on 03/30/2012 11:27:33 AM PDT by BradtotheBone
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To: BradtotheBone

This line I found amusing...

“Nelson was taken aback by Scalia’s suggestion that reading the law was too much to expect of justices ruling on its constitutionality.”

He’s joking, right?


2 posted on 03/30/2012 11:30:24 AM PDT by LMAO ("Begging hands and Bleeding hearts will only cry out for more"...Anthem from Rush)
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To: BradtotheBone

Nelson can go and screw himself...none of the legislators read the damn thing.


3 posted on 03/30/2012 11:30:36 AM PDT by MNlurker
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To: BradtotheBone

“We have to pass it to see what’s in it.” - Nancy Pelosi

I agree with Scalia - - if that scumbag Ben Nelson didn’t have to read it to vote for it then why should justices of the Supreme Court have to read it?


4 posted on 03/30/2012 11:30:59 AM PDT by Lancey Howard
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To: BradtotheBone

How come no 1 ever questions the impartiality of the leftists on the Court?


5 posted on 03/30/2012 11:30:59 AM PDT by Ballygrl
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To: BradtotheBone

So what if the Cornhusker Kickback provision was later stripped from Obamacare - all that mattered at the time was to get the votes. Wonder how Stupak is feeling these days about his being duped....not....


6 posted on 03/30/2012 11:31:12 AM PDT by Sioux-san
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To: BradtotheBone

No one read it before it was passed into law - they have no frickin’ room to speak.


7 posted on 03/30/2012 11:31:30 AM PDT by stansblugrassgrl (PRAISE THE LORD AND PASS THE AMMUNITION!!! YEEEEEHAW!)
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To: BradtotheBone

Dear Ben Nelson

Justice Kagan coached the Solicitor General. Ruth Bader Ginsburg helped.

Do you have any concerns about their impartiality?

Screw you.

Sincerely

trappedincanuckistan


8 posted on 03/30/2012 11:31:37 AM PDT by trappedincanuckistan (livefreeordietryin)
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To: BradtotheBone

The point about the Cornhusker kickback is that it was all cover for worthless Ben to vote for the bill and put them over the top for votes. That the kickback was removed later is also no surprise because Nelson could now claim that he was instrumental in doing away with the embarrassing agreement. Nothing noted about all of the other kickbacks and cutouts that were maintained for all of the unions and other favored groups.


9 posted on 03/30/2012 11:32:00 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: LMAO

Did Nelson read it?


10 posted on 03/30/2012 11:32:45 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: BradtotheBone
“You really want us to go through these 2,700 pages?”

Bills that are so complicated that not even a Supreme Court justice can wade thru them should be struck down on due process grounds.

It should be a Constitutional requirement of any law that it is readable and understandable.

11 posted on 03/30/2012 11:33:05 AM PDT by vbmoneyspender
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To: BradtotheBone

Why should Scalia be expected to read the bill to strike it down? T he rats didn’t bother reading it to pass it.


12 posted on 03/30/2012 11:33:15 AM PDT by pgkdan (Rick Santorum 2012. Conservative's last, best chance!)
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To: BradtotheBone

They’re implying that Scalia is dumb for “not knowing” that the Cornhusker Kickback was removed.

Of COURSE he’s “dumb”, he’s not a liberal. Yadayadayada...

Could it possibly be that he was making fun of how the bill had to get passed, with all sorts of bribes & exemptions?


13 posted on 03/30/2012 11:36:08 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: BradtotheBone

Worthless Ben Nelson can leave the state permanently and the sooner the better. He should do all Nebraskans a favor and drag Bob Kerrey out of the state he didn’t give a rat’s ass about since his retirement; as if he ever cared anyway.

FUBO & FAD


14 posted on 03/30/2012 11:36:50 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: BradtotheBone

——without seeming to know that provision was stripped out of the law two years ago. ——

This is rich.

If no one knows what is in the bill is it not also right and proper for one to not know what is in the bill?

There is no difference in knowing and not knowing


15 posted on 03/30/2012 11:38:52 AM PDT by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: BradtotheBone

None of the Congress nitwits read it either, why should the SCOTUS?


16 posted on 03/30/2012 11:39:00 AM PDT by dforest
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To: BradtotheBone
“I am concerned that Nelson's comments call into question his intelligence & integrity and instead suggest, along with his gross legislative malfeasance (acceptance of a bribe), stupidity beyond words. ”
17 posted on 03/30/2012 11:40:04 AM PDT by downtownconservative
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To: BradtotheBone
“I am concerned that Nelson's comments call into question his intelligence & integrity and instead suggest, along with his gross legislative malfeasance (acceptance of a bribe), stupidity beyond words. ”
18 posted on 03/30/2012 11:40:10 AM PDT by downtownconservative
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To: BradtotheBone
Who cares if the libs are butthurt because Scalia said things they don't like. Let's talk about Kagan’s refusal to recuse in the face of her obvious conflict of interest.
19 posted on 03/30/2012 11:40:19 AM PDT by liberalh8ter (Barack has a memory like a steel trap; it's a gift ~ Michelle Obama)
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To: BradtotheBone
Maybe the RATS forget the scolding ZERO gave the Supreme Court during his first or second State of the Union address.
It's just payback time.
Remember payback? ZERO will. . . . .
20 posted on 03/30/2012 11:41:27 AM PDT by DeaconRed (ZERO supporters are stuck on stupid. . . Always were, always will be. . .)
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To: BradtotheBone
Nelson was taken aback by Scalia’s suggestion that reading the law was too much to expect of justices ruling on its constitutionality

Except that's not what Scalia was referring to -- he was talking about the justices (or their staff) having to go through line by line to decide what could be kept vs discarded if the individual mandate is removed. And the point is that the USSC should do that -- that's what Congress should do.

21 posted on 03/30/2012 11:41:56 AM PDT by kevkrom (Those in a rush to trample the Constitution seem to forget that it is the source of their authority.)
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To: BradtotheBone

What about Kagan’s comment that all the law is, is the feds throwing the states a boatload of money for poor people.


22 posted on 03/30/2012 11:43:08 AM PDT by AU72
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To: BradtotheBone

Senator Kickback, let he who read the bill before voting for it cast the first stone.


23 posted on 03/30/2012 11:43:08 AM PDT by Sparticus (Tar and feathers for the next dumb@ss Republican that uses the word bipartisanship.)
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To: RJS1950; All
"FUBO & FAD"...BUMP

24 posted on 03/30/2012 11:44:27 AM PDT by skinkinthegrass (Kill all the terrorists, protect all the borders, ridicule all the (surviving) Liberals :^)
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To: trappedincanuckistan

” Dear Ben Nelson

Justice Kagan coached the Solicitor General. Ruth Bader Ginsburg helped.

Do you have any concerns about their impartiality?

Screw you.

Sincerely

trappedincanuckistan”

Too darned polite, if you ask me..


25 posted on 03/30/2012 11:44:57 AM 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: Lancey Howard

Ben Nelson’s vote is the whole reason the friggin’ thing even passed. You have insulted scumbags everywhere....


26 posted on 03/30/2012 11:46:09 AM PDT by NEMDF
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To: Sparticus
*chuckle / snicker*...love that tagline. :-D

27 posted on 03/30/2012 11:48:26 AM PDT by skinkinthegrass (Kill all the terrorists, protect all the borders, ridicule all the (surviving) Liberals :^)
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To: Ballygrl
It was reported that Sebelius and Sotomayor were seen at the same restaurant on Monday (presumably having a meal together). So much for Sotomayor's impartiality.

If the justices are having a preliminary vote today, that must mean that by this evening the White House will know how it went thanks to Obama's mole Kagan.

28 posted on 03/30/2012 11:50:22 AM PDT by Verginius Rufus
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To: BradtotheBone
Note the slant of the reporting. Only the position of the left, of liberals.. only their objections are voiced.

The publication must be named "The Swill".

29 posted on 03/30/2012 11:50:54 AM PDT by Lazamataz (Shut up and drill.)
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To: Verginius Rufus
If the justices are having a preliminary vote today, that must mean that by this evening the White House will know how it went thanks to Obama's mole Kagan.

Yes, and I suspect the comments coming out of the White House the last two days belie the downward trajectory of the bill.

HOWEVER, I expect the Obama White House to implement the law anyways, by decree and fiat.

Nothing will stop this sociopathic Marxist, certainly not a few men in robes.

30 posted on 03/30/2012 11:53:25 AM PDT by Lazamataz (Shut up and drill.)
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To: stansblugrassgrl
Most still do not know whats in that monstrosity, and when they hear what's in
the law they turn a blind eye and spew talking points.

Their arrogance over this mandate is seriously undermining our country and
the court needs to take a bullwhip to every verse of it.

31 posted on 03/30/2012 11:54:21 AM PDT by MaxMax
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To: BradtotheBone

Dear Republicans,

These comments present a priceless opportunity. Please use them.

Sincerely,

msv


32 posted on 03/30/2012 11:57:38 AM PDT by my small voice (A biased media and an uneducated populace is the biggest threat to our nation.)
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To: BradtotheBone

“Scalia mocked the so-called “Cornhusker Kickback” without seeming to know that provision was stripped out of the law two years ago.”

I heard him say this. It was specifically in reference to whether or not the law would have been passed without arm twisting and corruption, (he used other words). The answer is that it wouldn’t have passed without it.


33 posted on 03/30/2012 11:59:30 AM PDT by passionfruit (When illegals become legal, even they won't do the work Americans won't do)
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To: BradtotheBone

“Scalia mocked the so-called “Cornhusker Kickback” without seeming to know that provision was stripped out of the law two years ago.”

I heard him say this. It was specifically in reference to whether or not the law would have been passed without arm twisting and corruption, (he used other words). The answer is that it wouldn’t have passed without it.


34 posted on 03/30/2012 12:03:50 PM PDT by passionfruit (When illegals become legal, even they won't do the work Americans won't do)
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To: LMAO

I suspect what we were hearing was Scalia bristling at the fact that Kagan and the Wise Latina were so openly and brazenly political in cheerleading for the thing.


35 posted on 03/30/2012 12:05:15 PM PDT by Buckeye McFrog
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To: passionfruit

Scalia’s comment concerned sevrability and what comuld remain standing, and not constitutionality!!!


36 posted on 03/30/2012 12:09:13 PM PDT by Forrestfire (("To educate a man in mind and not in morals is to educate a menace to society." Theodore Roosevelt))
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To: Verginius Rufus

>>>If the justices are having a preliminary vote today, that must mean that by this evening the White House will know how it went thanks to Obama’s mole Kagan<<<

Good catch.

Obama will either be arrogantly giddy, or arrogantly depressed. He can’t help himself.


37 posted on 03/30/2012 12:13:29 PM PDT by reagandemocrat
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To: BradtotheBone

Why should the justices have to read this thing; nobody in congress did.


38 posted on 03/30/2012 12:15:42 PM PDT by Pietro
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To: passionfruit

But when your entire worldview is through the lens of
“liberals smart, conservatives dumb”,

you interpret that as “he didn’t know it was taken out”.


39 posted on 03/30/2012 12:20:15 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: BradtotheBone
Well, we know that Justice Scalia was correct to claim that it would be cruel and unusual punishment to read ObamaCare in totality. Even the Democrats in both Houses refused to read it. They just voted Yea like lemmings. Even Conyers said he never read the Bill.
40 posted on 03/30/2012 12:32:42 PM PDT by Doc91678 (Doc91678)
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To: vbmoneyspender

“You really want us to go through these 2,700 pages?”

Didn’t he go on to clarify why he said that - that basically doing that WOULD be judicial activism [which they’re being accused of anyway] and that, Constitutionally speaking, any combing through of the bill that’s done is the legislators duty?


41 posted on 03/30/2012 12:37:36 PM PDT by Heart of Georgia
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To: BradtotheBone

The fact that tactics such as the “Cornhusker Kickback” were even considered tainted the whole process.


42 posted on 03/30/2012 12:52:15 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: BradtotheBone
I thought SCOTUS was just ruling on the mandate - just that one issue while SOME are wanting/expecting a ruling on each and every point in the bill.

Am I wrong on this? The job of the SCOTUS is not to rule through every single line - that belongs with Congress.

“You have to read the bill to know what's in it.” Pelosi

Start reading the entire bill, you old goat.

43 posted on 03/30/2012 1:05:03 PM PDT by hummingbird
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To: BradtotheBone

FU Sen. Nelson, you sorry piece of human scum.


44 posted on 03/30/2012 1:12:37 PM PDT by Fledermaus (Democrats are dangerous and evil. Republicans are just useless.)
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To: BradtotheBone

From what I understand the ObamaCare is an all or nothing bill.
The SCOTUS would only have to read the bill until they find something that is not permitted in the Constitution. Then they would not have to read another word.... Kagan might be doing alot of reading right now.
It is the Congress that is supposed to read the entire bill. (But according to the powers that were in control: “We have to pass the bill to find out what is in it.”)


45 posted on 03/30/2012 1:31:27 PM PDT by PastorJimCM (truth matters)
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To: BradtotheBone

sucks to be you Ben


46 posted on 03/30/2012 1:33:13 PM PDT by markman46 (engage brain before using keyboard!!!)
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To: BradtotheBone

Scalia is the best. Great men nominate great judges.It is no wonder Reagan nominated him.Scalia has one of those rare blend of qualities one rarely finds in a SC justice, the brilliance of distilling complex issues into simple terms coupled with a cutting sense of humor to underscore his point. He is the only justice where a reader of his opinions will guffaw while the reader is being enlightened


47 posted on 03/30/2012 1:33:34 PM PDT by chuckee
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To: BradtotheBone
Cornhusker Kickback en.wikipedia.org

48 posted on 03/30/2012 1:36:40 PM PDT by Daaave ("You Nexus, huh? I design your eyes.")
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To: LMAO

Nelson, did you read it before voting on it???

Screw you - go back home to rot on your porch!


49 posted on 03/30/2012 2:01:41 PM PDT by Noob1999 (Loose Lips, Sink Ships)
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To: trappedincanuckistan
I have to question the wisdom and the integrity of any judge who supports this bill. The Founding Fathers never wanted the government to have this type of control over the people. A judge would have to be a liberal hack to side with the communist obama regime on this bill.
50 posted on 03/30/2012 2:05:19 PM PDT by peeps36 (America is being destroyed by filthy traitors in the political establishment)
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