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Law professor: Impeach Supremes if they overturn Obamacare
Hot Air ^ | APRIL 4, 2012 | TINA KORBE

Posted on 04/04/2012 5:03:20 PM PDT by RobinMasters

Like conservatives, law professor David R. Dow thinks it’s disappointing that the Supreme Court vote on the constitutionality of the Obamacare individual mandate will likely fall along partisan lines — but his disappointment stems from his utter conviction that the individual mandate is constitutional.

He’s so convinced of it that he thinks any Supreme Court justice who votes to overturn Obamacare should be impeached. He cites Thomas Jefferson’s call to impeach Justice Samuel Chase as an historical reminder that impeachment is and should be an option for justices who undermine constitutional values. I agree with him that impeachment of justices is itself constitutional — but what constitutional principles, exactly, would the Supreme Court be undermining if they vote against Obamacare?

Dow’s argument that the individual mandate is constitutional is exactly what you would expect: If you are going to voluntarily do something (e.g. drive a car), the government can make you purchase a product (e.g. insurance) provided it has a good reason for doing so (e.g. making sure you can pay for any damage you do). This argument might make some sense if the activity for which Obamacare mandates insurance was something more than merely existing.

But Dow takes it a step further by arguing that the Constitution doesn’t just grant the federal government the power to regulate commerce, but that it also, in fact, grants the federal government the power to guarantee medical coverage for the poor and to implement a system to pay for it. He writes:

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


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: scotus

1 posted on 04/04/2012 5:03:25 PM PDT by RobinMasters
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To: RobinMasters

Ever since Obama locked up his documents (including the ones that prove his constitutional eligibility)I knew Obama wanted to make void the US Constitution.


2 posted on 04/04/2012 5:05:49 PM PDT by tsowellfan
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To: RobinMasters

What a dick!


3 posted on 04/04/2012 5:06:07 PM PDT by goseminoles
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To: RobinMasters

Amazing, he wants to impeach a judge that won’t throw the constitution in the trash, this country is lost, to many lazy ass people want handouts and keep voting for losers that promise them things they can’t deliver, I hope I’m alive to see them crawling in the streets in what is surely going to become a 3rd world hell hole, that is, the former USA ...


4 posted on 04/04/2012 5:06:07 PM PDT by Scythian
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To: RobinMasters

fire someone for going their job , that’s the Obama Admin alright ,they have get the house to go along ,ah nope


5 posted on 04/04/2012 5:07:49 PM PDT by molson209
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To: RobinMasters

I agree with the article, we need to impeach a supreme court judge, but that would be Judge Sotomeyer for not recusing herself because she was solicitor general and intimately involved in Obammy care.


6 posted on 04/04/2012 5:10:16 PM PDT by GraceG
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To: RobinMasters
He's a flaming liberal death penalty lawyer. Here's his CV brief and emai:

DOW

7 posted on 04/04/2012 5:11:39 PM PDT by Bernard Marx
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To: RobinMasters

IMHO they should be impeached if they do NOT overturn Obamacare,


8 posted on 04/04/2012 5:11:39 PM PDT by CMailBag
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To: RobinMasters

Where was this clown after Kelo?


9 posted on 04/04/2012 5:11:57 PM PDT by depressed in 06 (6 November, 2012, the day our embarrassment is sent back to Kenya.)
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To: RobinMasters
I agree, they should impeach the Supreme Court Justices if they don't find Obamacare unconstitutional!
10 posted on 04/04/2012 5:14:14 PM PDT by Keen-Minded
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To: RobinMasters

Beware when you gore the liberal’s ox (while they repeatedly stab conservative’s ox’s).


11 posted on 04/04/2012 5:15:23 PM PDT by jeffc (Prayer. It's freedom of speech.)
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To: CMailBag

While we’re at it, impeach Obama.


12 posted on 04/04/2012 5:15:29 PM PDT by Brilliant
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To: RobinMasters; fieldmarshaldj; AuH2ORepublican; Impy; GOPsterinMA; randita; Sun; BillyBoy; ...

This is only an Obama supporter spouting off. I can’t imagine Obama himself calling for such a thing. It would probably backfire.

Also, Scalia would have a field day during the impeachment testimony.


13 posted on 04/04/2012 5:16:45 PM PDT by Clintonfatigued (A chameleon belongs in a pet store, not the White House)
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To: RobinMasters

Those who CAN’T, Teach.


14 posted on 04/04/2012 5:19:10 PM PDT by SoldierDad (Proud dad of an Army Soldier who has survived 24 months of Combat deployment.)
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To: RobinMasters

“I agree with him that impeachment of justices is itself constitutional — but what constitutional principles, exactly, would the Supreme Court be undermining if they vote against Obamacare?”

The real question is what Constitutional printable would there be left to uphold if they did not vote against Obamacare?

What Constitution can exist that says government may do whatever it likes either directly or indirectly thou individual mandates?


15 posted on 04/04/2012 5:20:10 PM PDT by Monorprise
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To: RobinMasters

“I agree with him that impeachment of justices is itself constitutional — but what constitutional principles, exactly, would the Supreme Court be undermining if they vote against Obamacare?”

The real question is what Constitutional printable would there be left to uphold if they did not vote against Obamacare?

What Constitution can exist that says government may do whatever it likes either directly or indirectly thou individual mandates?


16 posted on 04/04/2012 5:20:18 PM PDT by Monorprise
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To: RobinMasters

From the article: “Dow’s argument that the individual mandate is constitutional is exactly what you would expect: If you are going to voluntarily do something (e.g. drive a car), the government can make you purchase a product (e.g. insurance) provided it has a good reason for doing so (e.g. making sure you can pay for any damage you do).”

I am sick to death of hearing this ridiculous auto insurance analogy. It is a pathetically stupid comparison, and has NO validity in the case of health insurance.
First, auto insurance is mandated at the STATE level, not the Federal.
Second, in most states you can self insure by merely posting a sufficient surety bond with the state.

Using this argument, the pubbies are continuing to let the libs CONTROL THE LANGUAGE OF THE DISCUSSION. The libs have been wildly successful scoring points with the uninformed electorate in almost every case where that has been true.

Force the argument back to the correct Constitutional confines. If SCOTUS allows this patently offensive law to stand, based on a twisted interpretation of the commerce clause, they should be impeached. If the whole of the PPACA is NOT struck down, they should be impeached.


17 posted on 04/04/2012 5:21:35 PM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: RobinMasters

David R. Dow is professor of law at the University of Houston Law Center and an internationally recognized figure in the fight against the death penalty. He is the founder and director of the Texas Innocence. He lives in Houston, Texas.

In other words, Dow is an Obama loon.


18 posted on 04/04/2012 5:24:02 PM PDT by Gator113 (** President Newt Gingrich-"Our beloved republic deserves nothing less." ~Just livin' life, my way~)
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To: RobinMasters

38 States, a whopping 76% want out of the mandate and this dink thinks the SCJ who overturn it should be impeached? “All about me and what I want” has overtaken the rule of law/constitutionality.


19 posted on 04/04/2012 5:24:09 PM PDT by ThirstyMan
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To: RobinMasters

Must be a leak -

The dummycRATS are working themselves into a lather with months to go before the decision is announced to the public.


20 posted on 04/04/2012 5:26:47 PM PDT by Iron Munro (If Repub's paid as much attention to Rush Limbaugh as the Dem's do, we wouldn't be in this mess)
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To: RobinMasters

So Univ of Houston and Rice pay idiots to pretend to be intellectuals.

Bad showing Texas.


21 posted on 04/04/2012 5:30:23 PM PDT by Eldon Tyrell
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To: RobinMasters

And the likelihood of doing this in the House, Herr Professor Dork, is......?


22 posted on 04/04/2012 5:30:43 PM PDT by Postman
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To: goseminoles

“law professor” David R. Dow should get his own country that follows the “limits”(or lack there of) that he supposes to impose upon us. Let perhaps New England be kicked out to form a new “Federal”(ahem... Unitarian ) government with boundless powers over not over only its member “states”(ahem... provinces) but every last one of their “citizens”(ahem... subjects).

As for me I will accept nothing less than the rights & liberties to which I was born. I will not be mister Dow’s Government slave. He may try to force me only at the risk of his own life & liberty.


23 posted on 04/04/2012 5:32:30 PM PDT by Monorprise
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To: RobinMasters

Sue this Law professor and confiscate his wealth!

The constitution means nothing to these people so it’s anything goes.


24 posted on 04/04/2012 5:32:51 PM PDT by CommieCutter
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To: RobinMasters
Speaking of liberals, I got this email:

Priceless (and short!)

"This is sheer genius."

In a bid to stem taxpayer losses for bad loans guaranteed by federal housing agencies Fanny Mae and Freddy Mac, Senator Bob Corker (R-Tenn.) proposed that borrowers be required to make a 5% down payment in order to qualify.

His proposal was rejected 57-42 on a party-line vote because, as Senator Chris Dodd (D-Conn) explained,

"Passage of such a requirement would restrict home ownership to only those who can afford it."

Does this explain liberals to you? I can't add anything to this.

25 posted on 04/04/2012 5:34:57 PM PDT by Mark (Don't argue with my posts. I typed while under sniper fire..)
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To: RobinMasters

This is the way they approach any problem. A systematic coordinated attack on their enemies. Oh it doesn’t look that way, just a column by Dowd here, a couple of Sentors speaking out there, then an opinion by a law professor. Soon there will be polls saying most people no longer trust the courts.

It’s the beginning and there will be more. The Obama Administration is adept at using its vast media resources to push their propaganda. I pray that some of our spineless worthless Congress critters will be willing to fight back this time.


26 posted on 04/04/2012 5:35:07 PM PDT by Kenny
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To: goseminoles

You got that expression from the show “Justified” on FX, didn’t you?

You are justified by saying that.


27 posted on 04/04/2012 5:39:11 PM PDT by 353FMG
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To: RobinMasters
Hilarious, isn't it, now that the shoe's on the other foot?

The Commies have smirked their way through the Warren court abominations, the Sandra Day O'conner gaffes (like Grutter), Plyler v. Doe, on and on.

Applauded every one of them.

Now that it looks like they went off the deep end, and the Scalia/Roberts court is going to stop them...IMPEACH THE SOB'S!!

Gee, now they know how we feel.

Hope they feel it more and more.

28 posted on 04/04/2012 5:39:11 PM PDT by Regulator
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To: RobinMasters
Law professor: Impeach Supremes if they overturn Obamacare

Hey, Barry, how about us throwing you, Lisa Jackson, and the EPA out on your asses for trying to do through regulation what Congress already declined to do through legislation?
29 posted on 04/04/2012 5:55:53 PM PDT by aruanan
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To: goseminoles

Hypocrite he is in truth as he proclaims the other side to be driven by ideology for not believing in letting anyone just steal healthcare goods & services. While deciding that only the poor would steal.

So i guess in this law professors mind every thief has a legitimate excuses for their thieving in being “poor”.

Could anyone tell me how it is that any collage could be accredited when it has people like this teach law? Or is “law” at his collage a euphemism for criminology? lol


30 posted on 04/04/2012 5:57:38 PM PDT by Monorprise
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To: RobinMasters

law professor David R. Dow must have went to the same law school as Obama....and probably got the same grade

An “F”


31 posted on 04/04/2012 5:59:27 PM PDT by Popman (America is squandering its wealth on riotous living, war, and welfare.)
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To: RobinMasters
"government can make you purchase a product (e.g. insurance) provided it has a good reason for doing so"

A Strawman Argument, at best.

:Yes, you CAN be forced to purchase Insurance, FOR YOURSELF, but you don't have to pay for someone ELSE'S INSURANCE.

Obamacare is all about forcing weatlth-redistribution, taking from one, and GIVING it to another.

32 posted on 04/04/2012 6:11:35 PM PDT by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: GraceG

That was Kagan, not Sotomayor.


33 posted on 04/04/2012 6:13:57 PM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Kenny

“This is the way they approach any problem. A systematic coordinated attack on their enemies. Oh it doesn’t look that way, just a column by Dowd here, a couple of Sentors speaking out there, then an opinion by a law professor. Soon there will be polls saying most people no longer trust the courts.”

His twisting the law that forces hospitals to give out their goods & services for free to ANYONE who just happen to refuse to pay. Was a classic leftist lie. He jumped to the conclusion that only the poor would choose to take advantage of the indefensible position of the service provider and steal from them.

This is not only demonstrably not the case just going along and proving its not the case imply’s that you agree the poor are entitled to goods & services they don’t, won’t or can’t pay for.

Pointing out that the poor are no more entitled to anyone elses good or services than a thief risks being attacked on class warfare grounds.

Yet that is precisely where Republicans and conservative must stand. Modern healthcare goods & services are in fact just that Goods & services produced by the labor of millions of hard working people. NOBODY has the right to simply steal them.

The Federal Government in 1986 has lawlessly forced them into a position where they could not protect their property, resulting in the current crisis.


34 posted on 04/04/2012 6:17:04 PM PDT by Monorprise
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To: Kenny

“This is the way they approach any problem. A systematic coordinated attack on their enemies. Oh it doesn’t look that way, just a column by Dowd here, a couple of Sentors speaking out there, then an opinion by a law professor. Soon there will be polls saying most people no longer trust the courts.”

His twisting the law that forces hospitals to give out their goods & services for free to ANYONE who just happen to refuse to pay. Was a classic leftist lie. He jumped to the conclusion that only the poor would choose to take advantage of the indefensible position of the service provider and steal from them.

This is not only demonstrably not the case just going along and proving its not the case imply’s that you agree the poor are entitled to goods & services they don’t, won’t or can’t pay for.

Pointing out that the poor are no more entitled to anyone elses good or services than a thief risks being attacked on class warfare grounds.

Yet that is precisely where Republicans and conservative must stand. Modern healthcare goods & services are in fact just that Goods & services produced by the labor of millions of hard working people. NOBODY has the right to simply steal them.

The Federal Government in 1986 has lawlessly forced them into a position where they could not protect their property, resulting in the current crisis.


35 posted on 04/04/2012 6:17:19 PM PDT by Monorprise
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To: RobinMasters

Professor Dow must be taking a break from his usual work: Preventing murderers from getting the death sentence they so richly deserve.


36 posted on 04/04/2012 6:18:27 PM PDT by writmeister
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To: RobinMasters

I thought this might be their next move.

And first up will be Clarence Thomas, because of his wifes involvement with anti-Obamacare groups.

That, and they’ve never thought that he is legitimate, anyway.

and, it’ll give the Left a chance to rehash Anitas story for a few days when Obama is feeling some heat and needs a change of subject..


37 posted on 04/04/2012 6:19:59 PM PDT by digger48
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To: RobinMasters

Impeach ‘em if they don’t, and fire the professor.


38 posted on 04/04/2012 6:41:28 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: RobinMasters

Impeach Obama!!!!!!!!!

Biden for President!


39 posted on 04/04/2012 6:42:23 PM PDT by Chewbacca (woof woof. That's my other wookie impression.)
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To: RobinMasters

For a law professor, he’s pretty dumb.


40 posted on 04/04/2012 6:47:36 PM PDT by popdonnelly (Socialism isn't going to work this time, either.)
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To: RobinMasters
feh... the boy first!!!
41 posted on 04/04/2012 6:53:43 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: GraceG
...but that would be Judge Sotomeyer for not recusing herself because she was solicitor general and intimately involved in Obammy care.

Wrong impeachee.

Justice Kagan was Solicitor General, was intimately involved in the legal defense of Obamacare...and should've recused herself.

42 posted on 04/04/2012 6:55:39 PM PDT by okie01
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Click!

Donate to Free Republic.

43 posted on 04/04/2012 7:12:16 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93)
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To: RobinMasters

**** He cites Thomas Jefferson’s call to impeach Justice Samuel Chase as an historical reminder that impeachment is and should be an option for justices who undermine constitutional values.****

Yeah, yeah! I remember when American Citizens wanted to....IMPEACH EARL WARREN!


44 posted on 04/04/2012 7:17:48 PM PDT by Ruy Dias de Bivar
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To: RobinMasters

Is this the same a$$ who wrote the book:

America’s Prophets: How Judicial Activism Makes America Great

http://www.amazon.com/Americas-Prophets-Judicial-Activism-America/dp/0313377081/ref=lp_B001H6O43U_1_5?ie=UTF8&qid=1333593026&sr=1-5


45 posted on 04/04/2012 7:40:29 PM PDT by rolling_stone
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