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Justice Kennedy: ‘In Our View, The Entire Act Before Us Is Invalid In Its Entirety’
CNS ^ | June 28, 2012 | Edwin Mora

Posted on 06/28/2012 10:36:52 AM PDT by Hunton Peck

U.S. Supreme Court Associate Justice Anthony Kennedy, in commenting on the dissent in the Obamacare case said, “In our view, the entire Act before us is invalid in its entirety.” He made his remark inside the Court on Thursday.

In the written dissent, it states, “we would find the Act invalid in its entirety. We respectfully dissent.”

President Barack Obama’s signature legislation – the Patient Protection and Affordable Care Act -- including the controversial individual mandate requiring that virtually all Americans buy health insurance or pay a penalty, was ruled constitutional by the U.S Supreme Court (5-4) on Thursday.

Chief Justice John Roberts sided with the four liberals on the court while the three conservatives and swing-vote Kennedy dissented.

Justices John Roberts, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer agreed that the penalty Americans will face if they do not abide by the mandate is a kind of tax that Congress can impose using its taxing powers. Justices Antonin Scalia, Clarence Thomas, Samuel Alito, and Anthony Kennedy dissented.

The dissenting opinion reads, “In our view, both these central provisions of the Act -- the Individual Mandate and Medicaid Expansion -- are invalid.”

The dissenting justices further said, “What is absolutely clear, affirmed by the text of the 1789 Constitution, by the Tenth Amendment ratified in 1791, and by innumerable cases of ours in the 220 years since, is that there are structural limits upon federal power – upon what it can prescribe with respect to private conduct, and upon what it can impose upon the sovereign States. Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to compel the States to function as administrators of federal programs.”


TOPICS: Constitution/Conservatism
KEYWORDS: anthonykennedy; federalism; johnroberts; kennedy; obamacare; roberts
Kennedy the originalist? Who'da thunk it?
1 posted on 06/28/2012 10:37:01 AM PDT by Hunton Peck
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To: Hunton Peck

romney/palin 2012 !!!!!!!!!!!!!!!!!!!!


2 posted on 06/28/2012 10:39:05 AM PDT by biggredd1
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To: Hunton Peck

Why do they “respectfully” dissent on something like this? I would dissent while pissing on their grandmothers’ graves. Probably why I’m not on the Supreme Court.


3 posted on 06/28/2012 10:40:00 AM PDT by GnL
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To: Hunton Peck

Well, we all hoped Kennedy would wake up on the right side of the bed on this.

And he did.


4 posted on 06/28/2012 10:40:10 AM PDT by kidd
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To: Hunton Peck
He's probably the closest to a real conservative there. Roberts/Scalia/Alito and even Thomas are police state government worshipers.
5 posted on 06/28/2012 10:41:02 AM PDT by Forgotten Amendments (Let's name a law after a kid who died because of CAFE standards!)
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To: Hunton Peck
I DISRESPECTIVELY DISSENT!!!!

You lousy F^(#!ing S#!theads can Go Directly To Hell.

I refuse SLAVERY!!!

6 posted on 06/28/2012 10:41:08 AM PDT by Uncle Miltie (Individual Liberty, R.I.P, 6/28/2012)
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To: biggredd1

I’m not saying she is a bad choice but, the media has made Sarah poison in this country. This is a clear path to Obama the Sequel.


7 posted on 06/28/2012 10:41:56 AM PDT by kempster
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To: Forgotten Amendments

“He’s probably the closest to a real conservative there. Roberts/Scalia/Alito and even Thomas are police state government worshipers. “

You should join Nancy Pelosi on the planet Stupider. lol


8 posted on 06/28/2012 10:43:10 AM PDT by Do Not Make Fun Of His Ears (Anyone who thinks we can sit home, then survive four more years of Obama, is a damned fool.)
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To: Hunton Peck

I thought Kennedy “swings both ways.” Apparently, Roberts does too.


9 posted on 06/28/2012 10:44:07 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: kidd


The Chief justice joined the four liberals...
10 posted on 06/28/2012 10:44:41 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: Do Not Make Fun Of His Ears

LOL I’ll buy the ticket. Kennedy is NOT the most conservative. The other dissenters are more conservative.I’m still puzzled by Roberts...


11 posted on 06/28/2012 10:46:11 AM PDT by madison10
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To: Hunton Peck

Chief Justice Roberts is laughing at us all.


12 posted on 06/28/2012 10:49:42 AM PDT by moonshot925
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To: Hunton Peck

I believe Roberts is being Blackmailed. He couldn’t be this stupid.


13 posted on 06/28/2012 10:49:48 AM PDT by Ann Archy ( ABORTION...the HUMAN Sacrifice to the god of Convenience.)
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To: Hunton Peck
When was the last time Kennedy was on the losing side of a 5-4 decision?

(I almost typed "wrong side" ... that happens too often.)

14 posted on 06/28/2012 10:50:40 AM PDT by Tanniker Smith (Rome didn't fall in a day, either.)
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To: madison10

Me too. He has really young children-—maybe, there is mafia persuasion in the backdoor. Obama’s Russian mafia is brutal. (Alaskan oil rich island giveaway).

That is the only way that anyone with the understanding of Rule of Law and Justice and Freedom and the Constitution being the Supreme Law of the Land=——could vote in a totally Marxist way.

It is unbelievable but is the last straw for freedom.


15 posted on 06/28/2012 10:51:24 AM PDT by savagesusie (Right Reason According to Nature = Just Law)
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To: Hunton Peck
to compel the States to function as administrators of federal programs.

Wasn't there a decision earlier this week that said Arizona couldn't function that way?

16 posted on 06/28/2012 10:51:58 AM PDT by Tanniker Smith (Rome didn't fall in a day, either.)
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To: Hunton Peck

SCOTUS is just as corrupt as everythng in DC.


17 posted on 06/28/2012 10:52:27 AM PDT by stockpirate (Romney, Ann Coulter & our ruling republican elites, are Big Government socialists, Grand Ole Sociali)
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To: madison10
If you call always siding with cops and prosecutors, destroying the 4th and 5th amendments “conservative”, then yeah, the others are conservative. That kind of conservatism was needed 30 years ago. Now, they're just statists IMHO. I guess I should say Kennedy is the most “libertarian”.
18 posted on 06/28/2012 10:54:40 AM PDT by Forgotten Amendments (Let's name a law after a kid who died because of CAFE standards!)
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To: GnL
Why do they “respectfully” dissent on something like this?

Yeah, in a few years it will be, "we respectfully get on the bus to the gulags."

19 posted on 06/28/2012 11:01:35 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: Forgotten Amendments

Agreed. He is a ferocious 1st Amendment defender and he’s the reason we won the Citizens United case.


20 posted on 06/28/2012 11:03:03 AM PDT by 92nina
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To: Ann Archy
I believe Roberts is being Blackmailed. He couldn’t be this stupid.

Or threatened. I don't put anything past this administration full of rank thugs.

21 posted on 06/28/2012 11:04:02 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: madison10

Political threats are perfectly legal and may have turned Roberts, much to his disgrace. Threats against his life are illegal, unless, of course, such threats come from the NBPP.


22 posted on 06/28/2012 11:06:40 AM PDT by JimSEA
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To: fwdude

...because that’s how it’s been done for the past 200+ years.


23 posted on 06/28/2012 11:11:31 AM PDT by madison10
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To: JimSEA

Tentmaker made a perfectly correct statement on another thread:

Yes. Roberts ruling is correct. It says, the govt cannot do whatever it wants under the commerce clause (YAY!). And he says Congress is granted the right to tax under the Constitution (correct). He further points out that is not the job of the Supreme Court “to save the people from the consequences of their political choices.”
Roberts did his job by upholding the Constitution.

Now, it’s time for us to do our job by voting out all the idiots who created this insane tax and then repealing it.


24 posted on 06/28/2012 11:18:41 AM PDT by Cyclone59 (Obama is like Ron Burgundy - he will read ANYTHING that is on the teleprompter)
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To: fwdude

His two ADOPTED children are from Ireland VIA LATIN AMERICA, and it was brought up at his hearing.....believe me Obama’s detectives KNOW what’s in those ADOPTION RECORDS and is BLACKMAILING him.


25 posted on 06/28/2012 11:22:06 AM PDT by Ann Archy ( ABORTION...the HUMAN Sacrifice to the god of Convenience.)
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To: Cyclone59

ALL taxes must originate in the House. This was ad nauseum, repeatedly held as NOT A TAX. roberts, the black robed thug, just “deemed” it a tax, pulling it right out his arse, and then put his corrupt fingerprints all over HIS activist BS!

May he rot in HELL!


26 posted on 06/28/2012 11:33:17 AM PDT by battletank
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To: Ann Archy

I too think something along the lines of that. Someone got to Roberts and threatened him to vote this way.


27 posted on 06/28/2012 11:49:45 AM PDT by Halls (Jesus is my Lord and Savior)
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To: Cyclone59

Respectfully disagree!


28 posted on 06/28/2012 11:52:07 AM PDT by Halls (Jesus is my Lord and Savior)
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To: kempster

“I’m not saying she is a bad choice but, the media has made Sarah poison in this country.”

###

The FagMedia will do the exact same to any appealing, dynamic conservative, in DIRECT proportion to their ability to mobilize long dormat Americanism.

We could always pick a useless milquetoast and avoid doing battle with the propagandizing Commies.


29 posted on 06/28/2012 11:59:02 AM PDT by EyeGuy (Armed, judgmental, fiscally responsible heterosexual.)
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To: JimSEA
Political threats are perfectly legal and may have turned Roberts, much to his disgrace.

I think people are overthinking this. I'm thinking that what turned Roberts is nothing more difficult than lib threats to see "his" court trashed in the history books for the rest of eternity.

I think it's a legacy issue.

30 posted on 06/28/2012 12:01:23 PM PDT by HeartlandOfAmerica ("We have prepared for the unbeliever, whips and chains and blazing fires!" Koran Sura 76:4)
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To: Hunton Peck

My abject apologies to Justice Kennedy. I had many times asserted that I did not think he had the wits or the courage to strike down ObamaCare. I was wrong.

On the other hand, I was wrong about Roberts who clearly caved to the leftwing demonization effort. He clearly valued not making ‘his’ Court political and thought the way out of that was to do the leftists’ bidding. I didn’t think he was that spineless. What a craven nonentity he’s turned out to be. Thanks again, GWB.


31 posted on 06/28/2012 12:02:11 PM PDT by Paine in the Neck (Socialism consumes everything)
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To: HeartlandOfAmerica

I think you’re right. He was more concerned about how liberal historians would view his court and his DC social standing than to do what needed to be done.


32 posted on 06/28/2012 12:09:59 PM PDT by Lou Budvis
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To: Forgotten Amendments

That’s patently ridiculous.


33 posted on 06/28/2012 12:12:38 PM PDT by pgkdan (ANYBODY BUT OBAMA!)
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To: Ann Archy

I don’t care if he is being blackmailed. He just shat all over our liberty. I hope he rots in hell like all traitors.


34 posted on 06/28/2012 12:19:58 PM PDT by pgkdan (ANYBODY BUT OBAMA!)
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To: HeartlandOfAmerica

I could buy that because progressive academics write history.


35 posted on 06/28/2012 12:29:15 PM PDT by JimSEA
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