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Affordable Care Act SCOTUS Decision--Live Thread
SCOTUSblog ^ | June 28, 2012 | SCOTUSblog

Posted on 06/28/2012 4:56:21 AM PDT by John W

Today is the day. SCOTUSblog live at 8:45 AM.

(Excerpt) Read more at scotusblog.wpengine.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: abortion; backstabberromney; benedictromney; bho44; bhohealthcare; bhoscotus; deathpanels; doomandgloomers; etchasketch; fumr; mitt4romney; natteringnabobs; natterynaybobs; obama4romney; obamacare; obamaoneanddone; obamawhite; obamneycare; promisethemanything; romney4nytimes; romney4romney; romneyantigop; romneycare; ruling; saynotomitt; verminromney; zerocare
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1 posted on 06/28/2012 4:56:31 AM PDT by John W
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To: John W

Bumping so I can find the thread later!


2 posted on 06/28/2012 4:58:52 AM PDT by prisoner6 (Right Wing Nuts bolt the Constitution together as the loose screws of the Left fall out!)
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To: John W

Intrade seems to have stabilized at 73.7%


3 posted on 06/28/2012 5:00:17 AM PDT by mamelukesabre
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To: John W

In before the ouster of communism...


4 posted on 06/28/2012 5:00:17 AM PDT by IrishPennant (Are you behind a "Blade of Grass?")
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To: John W

I wanna see Obagumby break down in tears today.


5 posted on 06/28/2012 5:00:56 AM PDT by nhoward14
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To: John W

Man I hope this dies - I don’t think I can stand hearing the term “ObamaCare” the rest of my life.


6 posted on 06/28/2012 5:01:19 AM PDT by mike_9958
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To: John W

Arg! I can’t take the waiting!


7 posted on 06/28/2012 5:01:28 AM PDT by Psycho_Bunny (Burning the Quran is a waste of perfectly good fire.)
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To: John W

It’s probably been discussed many times before, but I’m going to ask it anyway (and really don’t know the answer):

Why do they wait so long to announce? Why not announce as soon as the two positions — the ruling and the dissent — are written up? Wasn’t that done weeks/months ago?

What is this, reality TV?


8 posted on 06/28/2012 5:02:16 AM PDT by samtheman (http://www.washingtontimes.com/news/2012/jun/21/obamas-socialist-designs/)
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To: IrishPennant

This along with the Holder contempt vote today. Could be a bad day for the commie/marxists.

F U B O !


9 posted on 06/28/2012 5:02:21 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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*


10 posted on 06/28/2012 5:02:28 AM PDT by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: prisoner6

Me too!

I don’t know, I’m not hoping for much...the Arizona decision and the Election ruling last year really ticked me off.

Roberts is a huge disappointment.


11 posted on 06/28/2012 5:03:36 AM PDT by alice_in_bubbaland (When injustice becomes law, resistance becomes mandatory- Thomas Jefferson)
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To: John W
SCOTUSblog publisher predicts: The Court will uphold the mandate

Let's hope the SCOTUSblog publisher is wrong. Given the ruling on AZ, we all have reason to be concerned by today's ruling. I am afraid that whatever decision is made will try to cut the baby in half rather than being definitive. If the mandate is upheld no matter how much the Court tries to limit its application, i.e., this would only apply to the unique circumstances of health care, our Constitution will be rendered meaningless.

So much is at stake today. Will the system rise to the challenge?

12 posted on 06/28/2012 5:04:35 AM PDT by kabar
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To: samtheman
What is this, reality TV?

Pretty much. It's where we have come to. Pretty sad really.

13 posted on 06/28/2012 5:05:00 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: alice_in_bubbaland

Remember that Bush I gave us Souter and Bush II gave us Roberts. Like father, like son.


14 posted on 06/28/2012 5:05:11 AM PDT by RetiredArmy (You can almost hear the footsteps of Jesus. He is right at the door!)
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To: John W

In before the “unexpected”


15 posted on 06/28/2012 5:05:22 AM PDT by spokeshave (The only people better off today than 4 years ago are the Prisoners at Guantanamo.)
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To: John W

Seems to me that this might be the most important day in the past 100 years...


16 posted on 06/28/2012 5:05:53 AM PDT by andrew1957
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To: John W

Prediction:
ACA mandate is a tax and cannot be decided until after the tax is applied (2014 & after the Presidential election).


17 posted on 06/28/2012 5:06:41 AM PDT by NY.SS-Bar9
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To: samtheman

Good question. And wait until the last day for the known biggie? You’d think they would be above being drama queens. And, the idea they want it announced and then “get out of Dodge”? As if anyone has any access to them anyway.


18 posted on 06/28/2012 5:06:41 AM PDT by John W (Viva Cristo Rey!)
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To: John W
"This will be a day long remembered. It has seen the end of Obamacare and will soon see the end of the [Communist] Rebellion!"

/evil laugh

19 posted on 06/28/2012 5:07:04 AM PDT by DCBryan1 (I'll take over the Mormon over the Moron any day!)
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To: RetiredArmy

So true...we will see.


20 posted on 06/28/2012 5:08:13 AM PDT by alice_in_bubbaland (When injustice becomes law, resistance becomes mandatory- Thomas Jefferson)
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To: andrew1957

I would agree with that.


21 posted on 06/28/2012 5:08:13 AM PDT by John W (Viva Cristo Rey!)
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To: prisoner6

Ibid!


22 posted on 06/28/2012 5:11:48 AM PDT by Real Cynic No More (OBAMA!!'s name is all caps as sarcasm to indicate a lack of respect, as he does not deserve it)
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To: kabar

I dreamed a couple of days ago...that they DID uphold the WHOLE thing...Pray that dream does NOT come true!!


23 posted on 06/28/2012 5:12:13 AM PDT by Rca2000 ( NEVER underestimate the power of "one little election", in WI.....)
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To: John W
I am fearful that today will mark the final nail in the coffin of Capitalism. If Obamacare stands, we will have to look for another place to live. This country will just further descend into the hell that is Socialism. America’ was the world's last best hope (Hitchens)........it will not survive as a successful country under Socialism.
24 posted on 06/28/2012 5:13:37 AM PDT by originalbuckeye
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To: RetiredArmy
Ever notice that liberal presidents never seem to make the same type of mistake in their nominees?
25 posted on 06/28/2012 5:13:55 AM PDT by daler
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To: John W

I will have to line up the live coverage on MSNBC and CNN. That way if it is shot down I can watch and enjoy.
Look and listen for the pale faces and heavily medicated voices.
If it is shot down I predict the left will once again cry racism.
Oh, and they will actually try to tie the recovery of the economy into Obamacare.
They will not be sucessful.
Insanity on parade.
Well, its always been on parade on the left. Its just that more people will suddenly wake up and see it for the first time.


26 posted on 06/28/2012 5:14:27 AM PDT by Leep (Enemy of the StatistI)
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To: samtheman
Why do they wait so long to announce?

Because prior to the announcement each of them can still change his mind, or at least amend the written opinion? That would be my guess.

27 posted on 06/28/2012 5:14:56 AM PDT by annalex (http://www.catecheticsonline.com/CatenaAurea.php)
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To: John W

Prediction:
No more individual mandate but the SJ will make it very easy for Democrats to barrel ahead with 0-Care. If 0 can screw Arizona he will find away to screw the rest of us


28 posted on 06/28/2012 5:16:13 AM PDT by dennisw
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To: John W

I’m dying to light up a victory stogie.

I don’t even want to consider defeat.


29 posted on 06/28/2012 5:16:13 AM PDT by St_Thomas_Aquinas (Viva Christo Rey!)
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To: samtheman
Why not announce as soon as the two positions — the ruling and the dissent — are written up?,

I read some court opinions that have to do with taxes. These opinions are tricky things. A no answer based on one set of reasoning could set up unwanted consequences for other laws or leave the door open for how to craft an acceptable law that accomplishes the same thing. In addition, a well reasoned yes answer could lay the ground work to keep similar laws from ever getting started.

30 posted on 06/28/2012 5:16:28 AM PDT by Raycpa
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To: alice_in_bubbaland

Roberts is a constitutionalist, not a conservative..

The arizona ruling was 100% correct...

The ruling on corporate campaign contributions was 100% correct...

Roberts is a far cry from dissappointing, he will side with the constitution, regardless of what is “popular” or “trendy”...


31 posted on 06/28/2012 5:17:47 AM PDT by joe fonebone (I am the 15%)
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To: John W

I’ll be going into a meeting right at 10 ET


32 posted on 06/28/2012 5:17:58 AM PDT by Mercat (Necessity is the argument of tyrants. John Milton)
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To: alice_in_bubbaland

I agree, after the last two decisions, I don’t hold much hope for a complete removal of this mistake by design legislation. The result is the US loses with anything less than complete removal of it.

By writing the “law” as they did, they leave future administrations powerless to do much given the gridlock in the country...that is why there are so many pages in it.

At best I think the mandate could go but even so, his excellency will executive order anything he wishes unless there is some strong language in a dissent against doing so. They would be wise to include such language in the majority, kind of a preinjunction, if the mandate goes given how His Excellency handled the Az decision and his pension to rule by fiat. That will not happen though.

At the oral hearing stage, I felt the mandate goes something like 6 to 3 with Ginsburg surprisingly voting for it to go along with the usual 5. Given she is writing the dissent, not so sure about that now either. So, at best the mandate goes 5-4 and the rest stays but I am not holding my breath on that.

If the law stands, that will mean greater resolve for a hair on fire movement to get rid of all the dems in Nov. Also, it means those dems leaning to vote to contempt Holder will probably back off as they will see His Excellency as having aleg up in the coming election and they know how vindictive the egomaniac is.


33 posted on 06/28/2012 5:18:40 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: Raycpa

bkmk


34 posted on 06/28/2012 5:18:50 AM PDT by Raebie (WS)
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To: John W; mickie; flaglady47
I guess I'm the only one who feels that this prolonged high drama by the Supremes has been unnecessary, unbecoming and an embarrassment to the Court as an institution and to our country as a whole.

To me the prolonged wait has just smacked from the beginning to be another Kardashian reality show, with the actors in robes, and the whole suspense drama titillating the media along with the Oprah-ized lumpen masses.

What's next, public betting parlors and oddsmakers for Supreme Court decisions? Oscar awards for the Justice who drops the most clues without revealing the secret in the envelope, please?

I'll bet many of the great Supreme Court jurists of the past are cringing in their graves over this theater of the absurd.

Leni

35 posted on 06/28/2012 5:19:10 AM PDT by MinuteGal
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To: daler

Keep an eye on both kagan and the “wise latina”... I have a feeling they are not quite the activists that fubo hoped for....


36 posted on 06/28/2012 5:19:38 AM PDT by joe fonebone (I am the 15%)
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To: originalbuckeye
Don't start that "we will have to look for another place to live" stuff.
Romney already told us he will replace it with his plan. :/
See, everything will be fine for us peons to stupid to make choices
as long as we're smart enough to vote them into office.
37 posted on 06/28/2012 5:21:59 AM PDT by MaxMax
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To: Rca2000
"I dreamed a couple of days ago...that they DID uphold the WHOLE thing...Pray that dream does NOT come true!!"

Hopefully that just means that our dreams tend to reflect our fears rather than our hopes.

38 posted on 06/28/2012 5:22:12 AM PDT by circlecity
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To: John W

This I am sure will turn out to be one of the greatest days in the this Republic’s history.

The ramifications, if it is not squashed are to enormous to even fully consider. The Government will have the power and the LAW to tell us what to do, without question. That’s based on the stupid “previous ruling” agreement.


39 posted on 06/28/2012 5:23:38 AM PDT by BornToBeAmerican (Things aren't as good as they should be and its Obama's fault, the resident said)
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To: John W

Will the decision come down at 8:45 or 9:00?


40 posted on 06/28/2012 5:24:02 AM PDT by ducttape45
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To: John W

Bump


41 posted on 06/28/2012 5:24:47 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Raycpa

Bookmark


42 posted on 06/28/2012 5:25:08 AM PDT by kinsman redeemer (The real enemy seeks to devour what is good.)
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To: John W

Here on this thread!


43 posted on 06/28/2012 5:25:08 AM PDT by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
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To: mike_9958

——Man I hope this dies - I don’t think I can stand hearing the term “ObamaCare” the rest of my life.——

If this got flushed over a month ago, Odumbo already has his contingency plan in place. Whatever it is, he will begin acting immediately.

The Constitution is an old yellowed document, if the ideas that it incorporates are no longer held or valued by the people.


44 posted on 06/28/2012 5:25:10 AM PDT by St_Thomas_Aquinas (Viva Christo Rey!)
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To: ducttape45

10 AM. Scotusblog is going live a little earlier than usual and they will set everything up very nicely and take some questions.


45 posted on 06/28/2012 5:26:09 AM PDT by John W (Viva Cristo Rey!)
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To: TornadoAlley3

*


46 posted on 06/28/2012 5:26:13 AM PDT by Eastbound (3-7-77)
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To: joe fonebone

Scalia was in his chamber this morning doing pullups like Robert Deniro in Cape Fear. Don’t let the tinfoilers,the Nattery Naybobs, and the nutters who think Roberts is being blackmailed, or is paid by Soros, get to you.


47 posted on 06/28/2012 5:26:13 AM PDT by Perdogg
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To: unixfox

I don’t know about Boehner but I’m sure going to spike the football. If it should break for obama, you know he’s going to.... and then some!


48 posted on 06/28/2012 5:26:31 AM PDT by jersey117
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To: John W
My take on Obamacare and the upcoming announced decisions. Obamacare is an unjust law, and as such is not really a valid law. More on that below.

Regarding the SCOTUS vote that will probably be announced today (deciding on two issues - the Obamacare mandate and Obamacare itself):

4 in favor: the four Socialist amigos will have decided as a block (kind of like a SCOTUS stronghold).
3 against: Scalia, Thomas, and Alito (our freedom-loving, Constitution-loving Justices).
Unfortunately, that means only one of the remaining two is needed to decide in favor of Obamacare.
2 uncertain: Kennedy (as usual) and Roberts (suprisingly).
The Kennedy vote depends which side of the bed he rose up the day of the decision. If for some reason Kennedy has voted against both issues, then we still may have a Roberts problem, because he is apparently loathe to overturn the legislature.

However, if SCOTUS blows it, the game isn’t over. The states can and must do as Idaho did: nullify Obamacare and exempt its citizens from its mandates.

What would justify nullifying Obamacare? It’s about what we call "law." The highest Law of the Land of course is the U.S. Constitution which trumps any other law that violates it. I'm sure you know this, but it's probably worth saying that in this sense, this "solid four" (or "socialist four") is for overturning the Law of the Land in favor of said "laws" like Obamacare that helps create a Socialist state. Because Obamacare is illegal (outside U.S. Constitutional bounds) and unjust (wrongly interfering with individual liberty) it is, therefore, as Augustine and Blackstone say below, NO LAW.

More on this below if interested from the Philosophy of Law:

[T]he Overlap Thesis underlies the classical naturalism of Aquinas and Blackstone. As Blackstone describes the thesis, "This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original" (1979, p. 41). In this passage, Blackstone articulates the two claims that constitute the theoretical core of classical naturalism: 1) there can be no legally valid standards that conflict with the natural law; and 2) all valid laws derive what force and authority they have from the natural law. On this view, to paraphrase Augustine, an unjust law is no law at all. http://www.threes.com/index.php?option=com_content&view=article&id=1409:philosophy-of-law&catid=75:philosophy&Itemid=60.

49 posted on 06/28/2012 5:27:49 AM PDT by PapaNew
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To: daler
Ever notice that liberal presidents never seem to make the same type of mistake in their nominees?

That's because the chances are much greater that someone who is still unambiguously liberal by the time he has reached middle age is going to remain liberal and because liberal presidents tend to nominate folks who are unambiguously liberal.
50 posted on 06/28/2012 5:27:53 AM PDT by aruanan
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