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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

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To: John W

marker


101 posted on 06/28/2012 6:15:38 AM PDT by JDoutrider
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To: joe fonebone

“Roberts is a constitutionalist, not a conservative..”

You might want to read Scalia’s dissent. The Constitution gives Congress the power to determine who is a citizen. It says nothing about controlling the borders.


102 posted on 06/28/2012 6:17:19 AM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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To: John W
I'm getting mixed signals from my ox hairball.

Nothing works right any more...

103 posted on 06/28/2012 6:18:27 AM PDT by Madame Dufarge
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To: All
Yesterday's big news among the Lefty chattering class was that the publisher of the SCOTUS Blog predicted that the mandate would be upheld. Today we learn this:

"Tom: One disclosure re the health care cases: Kevin and I filed a brief for the AARP in support of the mandate. But our client knew that we'd be objectively reporting on the decision."

Now we find out that he actually represents AARP and filed a brief in the case urging that the mandate be upheld.

Who ever said Lefty lawyers weren't slimy bastids?

104 posted on 06/28/2012 6:18:45 AM PDT by TonyInOhio (What did the President know and when did he know it?)
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To: Eastbound
Depends what level of 'courage' are you talking about?

Our Lives, our Fortunes, and our sacred Honor kind of courage.
105 posted on 06/28/2012 6:19:24 AM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: John W; prisoner6; mamelukesabre; IrishPennant; nhoward14; mike_9958; Psycho_Bunny; samtheman; ...
kabar: So much is at stake today. Will the system rise to the challenge?

Today is proof that the system is the challenge.

106 posted on 06/28/2012 6:20:16 AM PDT by sam_paine (X .................................)
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To: TonyInOhio

yep


107 posted on 06/28/2012 6:20:27 AM PDT by novemberslady
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To: Madame Dufarge

My Magic 8 Ball is on the fritz as well.....


108 posted on 06/28/2012 6:20:30 AM PDT by ducttape45
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To: unixfox
This along with the Holder contempt vote today. Could be a bad day for the commie/marxists.

I can't wait to taste the tears of their sorrow!
109 posted on 06/28/2012 6:20:51 AM PDT by freebird5850 (Just don't have a tagline today. This administration makes me quite sad.)
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To: freebird5850

37 minutes to a new birth of freedom.


110 posted on 06/28/2012 6:22:46 AM PDT by exit82
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To: EternalVigilance

The states cannot pass any law pertaining to immigration and naturalization policies.

Period

But, your fears are indeed justified

So, what is a state to do?

Time to jump all over the backside of the state attorney general

document, and place a dollar amount, on everything that the illegal’s have cost, including attacks on citizens.

sue the federal government for said costs..

Have the ninth circus rule that the states cannot sue the feds..

Appeal to supreme court

Win your case

Perhaps, with a little forethought, arizona could have taken this action first, instead of trying to pass a law that could, would and should never pass constitiutional muster..


111 posted on 06/28/2012 6:23:44 AM PDT by joe fonebone (I am the 15%)
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To: exit82

more like an hour, two ruling will be ahead of it.


112 posted on 06/28/2012 6:23:58 AM PDT by Perdogg
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To: PennsylvaniaMom
I thinking the ruling goes against ObamaCare, we see the beginning of the phase out of Dear Leader by the Dims as damage control.......The stress will just “get to him” and he will step aside—my gut feeling.

I'm afraid you're wrong.

Ruling in favor of Ocare is obviously trouble for the republic. Ruling against, and otherwise a lame duck Marxist in the whitehouse for half a year? Like an alcoholic locked in a liquor store. What damage could he do?

113 posted on 06/28/2012 6:25:25 AM PDT by sam_paine (X .................................)
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To: sam_paine
"Today is proof that the system is the challenge."

Touche'

114 posted on 06/28/2012 6:26:06 AM PDT by circlecity
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To: Mr Rogers

We discussed ad infinitum why Roberts joined the majority for SB1070. Roberts is going to be solid on this one.


115 posted on 06/28/2012 6:27:09 AM PDT by Perdogg
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To: All

Just found thread!! Cant watch on TV, will follow here. I am a nervous wreck, lol. Either too much coffee or afraid that the court upholds this damn thing


116 posted on 06/28/2012 6:28:29 AM PDT by GoCards (I am a Hobbit)
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To: All

Just wanted to make a note here to remind everyone that the Obamacare legislation did NOT include a SEVERABILITY CLAUSE which legally means that if SCOTUS strikes down the mandate, then the entire law SHOULD be scrapped, immediately.


117 posted on 06/28/2012 6:29:19 AM PDT by LibertyRocks
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To: Perdogg

It is irrelevant. The infrastructure is in place. The HHS has already written rules. Money has already been paid in. The insurance companies have already made significant changes. Jobs have been created.

If Obama wins this, he declares it is only the first part of the new law and that much more has to be done. That will be the nod to his constituencies.

If Obama loses, same thing applies.

The most important aspect of this entire program that is not being addressed is this. This program is Cloward Piven on steroids. It is designed to put the nail in the coffin of the middle class. If you are wealthy enough, you will find a way to get your waiver. If you are poor enough, you won’t pay a dime into this. If you are in the middle class, you are going to be sucked dry until you are poor.

Within one election cycle, there will no longer be a middle class. Sorry people, the train has left the station and the on;y set of brakes we had was destroyed by the MSM when they picked Romney as our candidate.


118 posted on 06/28/2012 6:32:00 AM PDT by EQAndyBuzz (ABO 2012)
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To: John W

Guess we are about to find out if bam made himself “perfectly clear” during his secret unconstitutional clandestine meeting with the “THE ROBED ONES” in ‘08


119 posted on 06/28/2012 6:32:15 AM PDT by Chance Hart
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To: LibertyRocks
"Just wanted to make a note here to remind everyone that the Obamacare legislation did NOT include a SEVERABILITY CLAUSE which legally means that if SCOTUS strikes down the mandate, then the entire law SHOULD be scrapped, immediately."

That's not quite true. While a specific decision not to include a severability clause is a relevant factor to consider, the court can still strike down a portion of a law if it can be done so in accordance with the blue pencil doctrine.

120 posted on 06/28/2012 6:35:48 AM PDT by circlecity
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To: PAConservative1; John W

Well, at least I’m not the only one??? LOL
I’m going nuts here waiting, and praying hard.


121 posted on 06/28/2012 6:35:48 AM PDT by LibertyRocks
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To: PapaNew

That’s exactly how I see this going down as well, and it scares me. After the AZ decision it seems like Roberts may be willing to hold Kennedy’s hand whichever direction Kennedy wobbles.

I don’t trust them. There should be no question about this law’s unconstitutionality. It is blatantly unconstitutional. The Supreme Court is America’s weakest link at this point. It’s no wonder we’re all sitting on pins and needles. The very rule of law is a crap-shoot, like Russian roulette.

I hope the justices do right.


122 posted on 06/28/2012 6:36:48 AM PDT by butterdezillion
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To: All
Leaked: The First Four Pages of the ObamaCare Decision!
123 posted on 06/28/2012 6:37:00 AM PDT by Perdogg
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To: joe fonebone

What some people forget is most if not all rulings cite the US Code. Thats where the legal justification comes from and NOT just the Const.


124 posted on 06/28/2012 6:37:02 AM PDT by Clyde5445
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To: LibertyRocks

My gut feeling is the mandate and all provisions relating to it goes, but the rest stays. I’m sure a lot of people on both sides won’t know whether to celebrate or despair. I for one will be thrilled, the mandate is by far the most egregious part.


125 posted on 06/28/2012 6:39:14 AM PDT by PAConservative1
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To: All

My prediction: It will take hours, if not days for us to figure out whether we “won or lost” and both sides will claim victory today.


126 posted on 06/28/2012 6:40:04 AM PDT by mmichaels1970
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To: John W

Never trusted Roberts. I can see him upholding this abomination.
For that matter I can see Alito upholding it. His statist tendencies are even more striking.


127 posted on 06/28/2012 6:40:25 AM PDT by Lady Lucky (God-issued, not govt-issued.)
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To: Lady Lucky

Does anyone know what time the House is voting on the Holder contempt charge?


128 posted on 06/28/2012 6:41:36 AM PDT by Raebie (WS)
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To: Lady Lucky

If it is upheld. Obama loses in November by margins never seen


129 posted on 06/28/2012 6:42:17 AM PDT by GoCards (I am a Hobbit)
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To: EQAndyBuzz

Guess that leaves one locution: all the middle class need to become upper class.


130 posted on 06/28/2012 6:42:50 AM PDT by LS ("Castles Made of Sand, Fall in the Sea . . . Eventually (Hendrix))
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To: PAConservative1

The whole thing should be struck down as nobody knows what’s really in it...including the damn government.


131 posted on 06/28/2012 6:43:09 AM PDT by EBH (Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
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To: joe fonebone
The states cannot pass any law pertaining to immigration and naturalization policies.

Then why did the court uphold the ability of AZ law enforcement officers to enforce the law?

The officers of the several states have an intrinsic duty to defend their people. If the United States fails in its imperative constitutional obligation to defend the states from invasion, they must step up. They have no choice.

132 posted on 06/28/2012 6:43:32 AM PDT by EternalVigilance (Liberty. What a concept. TomHoefling.com)
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To: EBH

Geez, my stomach is in knots...


133 posted on 06/28/2012 6:44:14 AM PDT by Outraged At FLA
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To: Perdogg

SCOTUS seems to be the only part of the govt that can keep a secret.


134 posted on 06/28/2012 6:44:26 AM PDT by bigbob
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To: circlecity

Interesting. I’m not familiar with the “blue pencil doctrine” you refer to. I see I’ve got some more studying to do. :) Thanks for the info., I appreciate it.


135 posted on 06/28/2012 6:45:39 AM PDT by LibertyRocks
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To: sam_paine

exactly


136 posted on 06/28/2012 6:45:39 AM PDT by Nifster
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To: Outraged At FLA

Me too! I need a little pink pill... pepto


137 posted on 06/28/2012 6:46:00 AM PDT by GoCards (I am a Hobbit)
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To: St_Thomas_Aquinas
The Constitution is an old yellowed document, if the ideas that it incorporates are no longer held or valued by the people.

"...I agree to this Constitution, with all its faults, if they are such... and believe further, that this is likely to be well-administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other..."

Benjamin Franklin, 1787, urging the adoption of the US Constitution.

138 posted on 06/28/2012 6:46:10 AM PDT by Lady Lucky (God-issued, not govt-issued.)
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To: Outraged At FLA

Rumor Obama will be in attendance at SCOTUS today.


139 posted on 06/28/2012 6:46:20 AM PDT by Crawdad
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To: John W

What time for central? and what station should I watch?


140 posted on 06/28/2012 6:46:46 AM PDT by Mountain Mary (Voting for the lesser of two evils is still voting for evil.)
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To: kabar

Most people seem to think the mandate will be struck down but I hope it’s the whole bill.

If they strike down the mandate and Obama remains in office (God forbid) he will just make it a tax.


141 posted on 06/28/2012 6:47:26 AM PDT by altura
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To: John W

Ping for location.


142 posted on 06/28/2012 6:47:35 AM PDT by arderkrag (ABOs are Romneybot trolls. LOOKING FOR ROLEPLAYERS. Check Profile.)
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To: EQAndyBuzz

Many people forget that even though a majority are against SoetoroCare in name, large numbers of people still support individual provisions that’ll be just as bad.. the stuff about insurance companies being forbidden to deny insurance to anyone bit, for example.

How the hell is an “insurance” company supposed to stay afloat when they’re no longer selling insurance.. correctly defined as protection against future events anyway.. but are forced to offer heavily discounted care for people who are already sick? They’ll need such massive gov’t underwriting that they’ll become Fannie Mae and Freddie Mac’s in all but name.

This is coming by Romney or Obama, I’m afraid. Romneys version might not be as terrible, but it’ll permanently destroy the future of real conservatism within Republican party. At least with barry, legislators with an R after their names can still call themselves the opposition.

Perhaps the USSC striking it all will trigger a public realization that forcing companies into dependence on gov’t aid to stay afloat merely gives you the worst of both worlds, but I doubt it.


143 posted on 06/28/2012 6:47:53 AM PDT by gzzimlich
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To: Crawdad

What a shit. I bet it is upheld and he knows it. God, I hate that man


144 posted on 06/28/2012 6:47:56 AM PDT by GoCards (I am a Hobbit)
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To: gzzimlich

http://scotusblog.wpengine.com/


145 posted on 06/28/2012 6:48:21 AM PDT by Outraged At FLA
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To: GoCards; NautiNurse; StarFan; stanz; GOPsterinMA; kristinn; BufordP; GailA
My stomach has been tied in knots all week over this decision.

Praying that the entire ObamaCare monstrosity goes down in flames BIG TIME. Damn, I wish I was out there on the steps of the Supreme Court with the protestors! With the "good guys" of course...

146 posted on 06/28/2012 6:49:12 AM PDT by nutmeg (I'm with Sarah Palin: Anybody But Obama 2012)
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To: LibertyRocks
"I’m not familiar with the “blue pencil doctrine” you refer to."

The blue pencil doctrine says that if you can take a blue pencil and just cross out the offending provision of the law without affecting the rest of it then they may do so. I'm not sure how it got its name (ie. as opposed to normal pencil) but that's what it's called.

147 posted on 06/28/2012 6:49:23 AM PDT by circlecity
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To: GoCards

Or it gets “kicked down the road” and SCOTUS rules the case cannot be brought until the law is fully implemented.


148 posted on 06/28/2012 6:50:11 AM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: joe fonebone

Thank you for that positive comment.

Way too many gloom and doomers in these here parts.


149 posted on 06/28/2012 6:50:19 AM PDT by altura
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To: Outraged At FLA

it’s like waiting for the results of medical tests...maybe worse.


150 posted on 06/28/2012 6:50:31 AM PDT by surrey
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