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Did the Supreme Courtís initial ObamaCare vote leak to Obama?
Hotair ^ | 04/03/2012 | AllahPundit

Posted on 04/03/2012 6:38:06 AM PDT by SeekAndFind

Unless he's trying to goose a slow news day with speculation, I have no idea why Drudge is pushing the "leak" angle. There's nothing about it in the Reuters story he links to and, as far as I saw, nothing in O's comments today in the Rose Garden to suggest he had inside info. If he had seized on some obscure part of last week's arguments, like the Anti-Injunction Act, then that might have been a clue that something the media had overlooked was weighing heavily inside the Court's own deliberations and that O had gotten wind of it. But he didn't. He gave a straightforward pitch that, unless the Court rules his way, it’s illegitimate. I expected nothing less. Neither, I’m sure, did Anthony Kennedy, who has three months to make up his mind and therefore probably isn’t a firm yes or no yet. And, if you’ve been reading liberal pundits lately, neither did you.

Speaking of which, having endured a “train wreck” and a “plane wreck” at the Supreme Court last week, Jeffrey Toobin shakes off the trauma and joins in the left’s newfound appreciation for why judicial activism is a bad thing:

For example, the Justices had no trouble upholding the Civil Rights Act of 1964, which used the [Commerce Clause] to mandate the integration of hotels and restaurants. “It may be argued that Congress could have pursued other methods to eliminate the obstructions it found in interstate commerce caused by racial discrimination,” Justice Tom C. Clark wrote, for his unanimous brethren. “But this is a matter of policy that rests entirely with the Congress, not with the courts. How obstructions in commerce may be removed—what means are to be employed—is within the sound and exclusive discretion of the Congress.” In other words, Justice Kennedy had it backward. The “heavy burden” is not on the defenders of the law but on its challengers. Acts of Congress, like the health-care law, are presumed to be constitutional, and it is—or should be—a grave and unusual step for unelected, unaccountable, life-tenured judges to overrule the work of the democratically elected branches of government

It is simply not the Supreme Court’s business to be making these kinds of judgments. The awesome, and final, powers of the Justices are best exercised sparingly and with restraint. Their normal burdens of interpreting laws are heavy enough. No one expects the Justices to be making health-care policy any more than we expect them to be picking Presidents, which, it may be remembered, is not exactly their strength, either.

Rest assured, if Obama wins reelection and replaces Scalia or Kennedy with a hardcore liberal, the revered principle of judicial deference to Congress will be power-flushed down the toilet once a Republican president and legislature are in office together again. But never mind that, and never mind the fact that he sidesteps the question of whether people who aren’t participating in commerce are reachable by the Commerce Clause. He seems to be imagining here an almost conclusory deference to Congress by the Court on all things commerce. Imagine that the Court took his advice and declared that the “heavy burden” is on the states to show why Congress doesn’t have this entirely novel power to force people to buy things. What would the states have to show to convince Justice Toobin that they’d met that burden? This is a case of first impression so there’s no direct precedent that either side can point to. What argument, then, could the states theoretically make to convince Toobin that Congress had exceeded its commerce power? I’ve got a sneaking suspicion that, like so much of the left, he thinks there is no conceptual limit on the Commerce Clause except the Bill of Rights. If you can’t show that the mandate violates, say, the Establishment Clause or the Free Exercise Clause, then you’re out of luck. But that’s absurd; the whole point of enumerated powers is to set limits on what Congress can do apart from the Bill of Rights (which, of course, wasn’t even part of the Constitution originally). Within that larger context of circumscribed federal power, when you have Congress seeking to do something that it’s never done before, why should its prerogative enjoy heavy deference and not the states’?

Here’s Mark Levin unloading on The One for his comments about the Court today. Click the image to listen.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: obamacare; scotus; supremecourt

1 posted on 04/03/2012 6:38:13 AM PDT by SeekAndFind
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To: SeekAndFind

yeah...the flaming Beyotch that should have recused herself...probably spilled the beans to her messiah.


2 posted on 04/03/2012 6:39:25 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: SeekAndFind
...the revered principle of judicial deference to Congress will be power-flushed down the toilet once a Republican president and legislature are in office together again...

And this tool, Jeffrey Toobin (who used to post here) will be standing on the sidelines cheering.

Asshat.

3 posted on 04/03/2012 6:43:12 AM PDT by sauropod (You can elect your very own tyranny - Mark Levin)
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To: SeekAndFind

Leftwing Supreme Court justices conspiring with leftwing presidents is a time-honored tradition among Marxists. Brandeis regularly used his daughter, Elizabeth, to tip off FDR on what was going on behind the scenes at SCOTUS. FDR’s nickname for him was “Isaiah.”


4 posted on 04/03/2012 6:52:56 AM PDT by hampdenkid
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To: SeekAndFind
We California conservatives find the president's sudden distaste of 'judicial activism' especially hilarious.

I wonder if any members of the largely worthless white house press corps will stop sucking Obama's arse long enough to ask how it squares with his DOJ's lawsuit to stop Arizona's SB 1070.

5 posted on 04/03/2012 6:57:02 AM PDT by skeeter
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To: SeekAndFind
Did the Supreme Court’s initial ObamaCare vote leak to Obama?

That may well be the silliest question I have ever seen in my life! He knew what the result of that vote was before the sun went down that day!

6 posted on 04/03/2012 7:00:00 AM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: SeekAndFind

I think that probably 7 or 8 of the Justices thought the law was baloney, and then they sat around and decided which four would receive cover by voting for the law. Tattling about the vote was important, but so was tattling the information about who wasn’t sticking to the Democrat vote on this law.

Democrats - Thieves, Thugs, Thralls and Thickheads


7 posted on 04/03/2012 7:00:12 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: SeekAndFind

Imagine the hue and cry when the ax finally falls on Obamugabe Care!
Oh, the humanity!.........................


8 posted on 04/03/2012 7:02:23 AM PDT by Red Badger (Think logically. Act normally.................)
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To: Red Badger

Imagine the hue and cry when it doesn’t.

No one has had the balls to stand in the way of this communist thug, and I don’t see it happening now.


9 posted on 04/03/2012 7:06:56 AM PDT by chris37 (Heartless.)
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To: SeekAndFind

One one hand, a SCOTUS decision upholding Obamacare might get the conservative wing out in November like Romney never could.


10 posted on 04/03/2012 7:08:16 AM PDT by Flightdeck (If you hear me yell "Eject, Eject, Eject!" the last two will be echos...)
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To: Red Badger

It has, and we will know how they ruled by the level of panic coming out of Barry and his minions in the weeks ahead.


11 posted on 04/03/2012 7:09:28 AM PDT by Buckeye McFrog
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To: Buckeye McFrog

yes it was leaked, that’s their commie game. The supremes should fast track the final ruling soon, otherwise they will get commie alinsky potshots for next two months.


12 posted on 04/03/2012 7:15:19 AM PDT by biggredd1
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To: skeeter

In the book “Left Behind,“ a snake-oil salesman named Carpathian brings the World to ruin.

Dictator Baby-Doc Barack is our Carpathian as he tries to bring America to ruin.


13 posted on 04/03/2012 7:16:08 AM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: biggredd1

I think there is an advantage to letting Barry stew until June. If he lost and he knows it, by June he will have finally cracked and launched into the full-scale public meltdown we need to puncture once and for all his “Mr. Cool” persona.


14 posted on 04/03/2012 7:18:17 AM PDT by Buckeye McFrog
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To: chris37
No one has had the balls to stand in the way of this communist thug, and I don’t see it happening now.

I would almost guarantee that Justices Scalia, Alito, and most certainly Thomas have the balls to overturn--the question is, do Roberts and Kennedy?

15 posted on 04/03/2012 7:33:53 AM PDT by Lou L (The Senate without a filibuster is just a 100-member version of the House.)
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To: Lou L

Remains to be seen. I wouldn’t be surprised at all if the court upholds the whole law, and if somehow they do overturn it, Obama will implement it anyway.

I mean, seriously, what are they going to do about it?


16 posted on 04/03/2012 7:41:13 AM PDT by chris37 (Heartless.)
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To: Lou L

Once the vote was taken the staff starts working on research for the opinions..so the staff knows what the vote was. You can be sure it was leaked to Obama.


17 posted on 04/03/2012 7:44:51 AM PDT by Oldexpat
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To: SeekAndFind

El Mulatto has two stooges on the court who most likely DID leak out the preliminary vote.


18 posted on 04/03/2012 7:47:08 AM PDT by New Jersey Realist (America: home of the free because of the brave)
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To: SeekAndFind

I try to keep an open mind, but something fishy is going on because why would Dear Leader put down on the Supremes. I don’t think we’ve begun to see bad yet, but It’s coming.


19 posted on 04/03/2012 7:53:09 AM PDT by JamesA (You don't have to be big to stand tall)
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To: Vaquero

You know Kagan told the administration the law is dead.. its not even up for debate, her entire appointment to the court was so she could be a vote for it, nothing more. She has no business being on the court based on merit.


20 posted on 04/03/2012 7:54:58 AM PDT by HamiltonJay
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To: Bigun

isn’t this where we cue the Darth Vader picture with the “I find your lack of faith disturbing” Mr. Obama...


21 posted on 04/03/2012 8:00:10 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SeekAndFind

A commentator on a tv show last Friday made this prediction. He said that because this is such a huge case and vote that it’s a foregone conclusion that someone working for one of the liberal justices will leak the results to the WH. He then said that we will know how the SCOTUS voted based on Barry’s reaction in the coming days. If he’s quite, doesn’t comment, or says he will wait for the court’s decision, the justices voted in favor of ACA. If he comes out swinging, threatening, and looking angry, then the justices voted down ACA.

So, based on Barry’s reaction, what do you think the vote was? I think it’s 5-4 against ACA.


22 posted on 04/03/2012 8:04:17 AM PDT by LoneStarGI (Vegetarian: Old Indian word for "BAD HUNTER.")
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To: Oldexpat

If the staff knows you can be sure the leaks won’t end with Obama. Pelosi, Reid, and the inner-circle of Democrat hacks and Lefty journalists all know as well.

Our only hope is that given the present culture, one of these clowns will be stupid enough to Tweet it.


23 posted on 04/03/2012 8:08:27 AM PDT by Buckeye McFrog
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To: chris37
I mean, seriously, what are they going to do about it?

They don't have to do anything about it. It would be up to the administration to attempt enforcement of a non-existent law - a rather problematic proposition.

The Obama: "Comply with X!"
Peon: "What X? There is no X to comply with."

The Chicago Way only goes so far.

24 posted on 04/03/2012 8:17:05 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: SeekAndFind

At what point is the court’s vote official? to wit: if one judge ... expires ... between recording of vote (say, 5-4 ruling) and issuing of verdict (say, 4-4 among those still above room temperature), which count applies?


25 posted on 04/03/2012 8:22:07 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: ctdonath2

You raise an excellent point.

If Obamacare is tossed “The Secretary Shall” will begin to ring very hollow.

She will order the Catholic Church to pay for birth control, or health insurers to provide some service for “free”, and they will be able to turn around and say “Bite Me, Madam Secretary!”

Which would be one of the fringe benefits of this frankly.


26 posted on 04/03/2012 8:24:45 AM PDT by Buckeye McFrog
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To: ctdonath2

I expect that he is going to do exactly that.

He is Black Jesus after all.


27 posted on 04/03/2012 10:33:43 AM PDT by chris37 (Heartless.)
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