Skip to comments.Why the Supreme Court Will Strike Down All of Obamacare
Posted on 04/06/2012 6:24:41 AM PDT by libstripper
Barack Obama made a national laughingstock out of himself with his recent comments on the Obamacare law now before the Supreme Court. Obama said on Monday, Im confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. (emphasis added)
(Excerpt) Read more at forbes.com ...
As Scalia joked, the 8th ammendment prevents the SC from having to read it!
I posted this in another thread related to CommieCare:
Ken Cucinelli, Virgina AJ was on EWTNs The World Over with Raymond Arroyo.
He has been preparing briefs, if not actually arguing the case, but he has been in the Supreme Court Hearing Room itself with the Justices.
Cucinelli: I was mildly optimistic going in, but now I am much more convinced, after two sessions, that we have the 5 votes necessary to strike this down.
Raymond: The whole thing?
Cucinelli: Yes, the whole bill.
In the end, it is up to "We the People" and the guardians stand vigilant!
When we have four insane anti Constitutionalists liberals anything can happen.
Of interest to me was the repeated mention of Justice Kennedy in opposition to other cases. The author pretty well puts to sleep the thought Kennedy is the swing vote. He is not.
Several did indeed comment
McConnell first comes to mind
What rose-colored glasses do you wear? (LOL) And that is what will be absolutely fascinating thing to me, how Ruth "Buzzi" Ginsberg, Kagan, and the "Wise Latina" construct their dissenting opinion. Their dissent will reveal a lot of very, very scary stuff about how they capriciously liberate the Constitution from its original intent.
I suppose the employment records of the University of Chicago have gone the way of his transcripts, passport records, Selective Service records, Social Security records, birth records, parents’ marriage and divorce records, etc.
In reality, the question is not whay he does, but why does he do it? He knows he can get away with it, but how does he know this? Is he secure in his knowledge that the American people have been so dumbed down by the media and educational system that they do not know how the Country is supposed to orerate, or does he know that the American people have lost the ability to form individual thoughts on their own, so they must be fed by the media?
There are some reason that he continues doing these thinga and stupidity is not one of them.
Even if shot down...the RinoCracy will be back at us with another gussied up piece of legislation attempting to render American Citizens their subjects. Prolly some environmental nonsense....
It doesn't matter if the decision is 9-0 or 5-4. If it goes down, it goes down.
Sometimes, the justices will vote with the minority just to write an opinion basically outlining where the losing party went wrong. The fact that it is going down gives them cover.
Its just like Congress in that regard.
By how much it goes down doesn't matter; it is only important THAT it goes down. The rest is fluff.
Excellent analysis in this Forbes article. It’s a must read.
Here’s the key to why the author says it will be struck down as unconstitutional:
“The reason that at least 5 Justices are going to find the laws individual mandate unconstitutional is that it is contrary to the fundamental federalism architecture of the Constitution. Under the Constitution, the federal government is an authority of limited, enumerated, delegated powers. All other powers of government are reserved for the states, including the broad authority labeled the police power. That is the power to compel individuals to take specific actions for the public good, such as actions for the public health like vaccinations or quarantines, or obtaining car insurance, or attending school. Notice that all such laws are adopted at the state or local level. (Any federal laws compelling action are based on specific delegated powers other than the Commerce Clause, like those providing for national defense, or taxation).
The power to compel the purchase of health insurance for the public good, as in Obamacares individual mandate, is a function of the police power reserved to the states, and denied to the federal government by the Constitution and Supreme Court precedents. If the federal government is now to hold a national police power, then the constitutional framework of federalism, with limited, enumerated powers delegated to the federal government, and the remaining powers of government retained by the states, would be obliterated.”
B U M P
“We are a republic. What is the issue?”
For me, the issue is that the President of this country doesn’t seem to know that.