Posted on 06/20/2012 12:15:11 PM PDT by SeekAndFind
Most former Supreme Court attorneys and clerks believe that the individual mandate to buy health insurance — the signature provision of President Barack Obama's Affordable Care Act — will soon be struck down as unconstitutional by the high court.
That's according to a joint poll by the American Action Forum, Center Forward and Purple Strategies. An astounding 57 percent of clerks and attorneys polled now think that the mandate will be ruled unconstitutional. That's up from just 35 percent in March, before the court held oral arguments on the case.
Here's what one respondent told Purple Strategies:
“I feel like a dope, because I was one of those who predicted that the Court would uphold the statute by a lopsided majority…it now appears pretty likely that this prediction was way off.”
Why the change? The oral arguments in late March had a lot to do with it. In this poll, 70 percent of respondents thought the justices were more skeptical than they expected. Thirty percent said it was about what they expected, and no one thought it was less skeptical than expected.
The insiders' sudden skepticism falls in line with those of some lawyers and constitutional scholars began to have after the oral arguments. Ilya Shapiro, a senior fellow in constitutional studies at the libertarian Cato Institute, upped his unconstitutional prediction from 55 percent likely before the hearings to 65 percent likely after the hearings.
(Excerpt) Read more at businessinsider.com ...
once again, we all knew well in advance, while the ‘experts’ are surprised. jeez
Remember CFR
Don’t get your hopes up because anything can happen
More tea leaf reading . Nobody knows what the Court will decide until the opinion is released. My guess is they will strike down the mandate but leave the rest intact.
Get ready for:
“John Roberts has made his decision; now let him enforce it!” — Barack “Jackson” Obama
As Yogi Berra once said: “It’s over when it’s over”.
How? Severability was not in the bill. Its my understanding that if part is ruled un-Constitutional, the whole thing is struck down.
I am afraid that at some point Obie will be forced to understand that all those military “folks” took an oath to the Constitution, not to him...
The Court can find a way if they want to.
That's not how I remember it. He said: "It's not over when it's over!"
In theory, it’s an all or nothing proposition. To strike the mandate but uphold the rest is judicial activism because SCOTUS would be, in essence establishing a severability clause that is not there.
“That’s not how I remember it. He said: “It’s not over when it’s over!”
Are you sure? It sounds logical the way you put it!
“It’s not over UNTIL it’s over.”
The actual Yogi Berra quote was “It ain’t over till it’s over. “
It’s not over until it’s over.
I always thought it was, “It’s not over UNTIL it’s over.”
I’m not sure of anything. I’m only sure that Bob Dylan said “It’s all over now, baby blue...”, and Roy Orbison “It’s OVER!”
Or, it’s the committee speaking, and a battle between 4 brains and 3 schmucks and one non-recusing pig over one fence sitter’s vote, resulting in an unacceptable “compromise” being the result to get 5-4.
No, no, that was what the Fat Lady sang!
—Severability was not in the bill. —
Yep. And the comical part is that it used to be but was removed. That seems pretty deliberate to me. ‘Course, I’m not in the SCOTUS.
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