Skip to comments.CNN: Today was a 'train wreck' for Obamacare
Posted on 03/27/2012 1:02:34 PM PDT by Semper911
CNN Legal Analyst Jeffrey Toobin said that it was a rough day for the Obama administration, as lawyers worked to defend the Obamacare's individual mandate.
"This was a train wreck for the Obama administration," Tobin said. "This law looks like it's going to be struck down. I'm telling you, all of the predictions including mine that the justices would not have a problem with this law were wrong."
Tobin said that U.S. Solicitor General David Verrilli was woefully unprepared in his defense.
"I don't know why he had a bad day, he is a good lawyer, he was a perfectly fine lawyer in the really sort of tangential argument yesterday. He was not ready for the answers for the conservative justices," he said.
"If I had to bet today I would bet that this court is going to strike down the individual mandate." he said.
Tobin was not alone in his analysis. NBC's Justice corespondent Pete Williams was also skeptical.
"It would seem at this point in the process that I think it's very doubtful that the court is going to find the health care law constitutional," he said, "I don't see five votes to find the law constitutional."
(Excerpt) Read more at campaign2012.washingtonexaminer.com ...
Also, I heard that Intrade has the odds of Obamacare being overturned at 80% -- up from 30% this morning!
Train wreck, indeed!
Toobin just threw the Solicitor General under the bus for Obama, because we all know this unconstitutional power grab couldn’t possibly be the problem...
I am reading the transcript now, and the SG should crawl under the bus himself. (Or maybe he know it’s not worth fighting for?)
Watch. If it is overturned, the Administration will claim that its a narrow interpretation and proceed as planned.
You can't use a 'tax' as a penalty.
Maybe they should find the solicitor general who prepared the original defense. Where is she hiding? Oh, wait, she is sitting in judgment of this law without properly recusing herself from the case.
There was an exchange early in the proceedings between Alito and Verrilli, regarding hypothetical “burial insurance” which included the term “cost shifting.”
That in 2 words is all this is about. The government started the cost shifting and now it’s being used as a justification for socialized medicine.
Cost shifting was the little socialism. Obamacare is the great socialism.
More like a train wreck waiting to happen for America..and the useless waste of time and expense. We would have been in better shape had we done nothing. Stupid progs always know best.Trillions in Debt...Cash for Clunkers..shouvel ready jobs..Fast and Furious...Solandra..high gas prices..strangling regulations...continued unemployment...continued bad economy...GREAT JOB OBAMA!
But with no money. Maybe obozo can proceed alone.
Scouts blog has a different take on today’s arguments. Kennedy explored both sides of the issue and seemed to find merit in some of the governments arguments.
Hard for Verrilli to defend a fraud..
Much sadness in the MSM I detect. Yes.
Forgive me, but after three years of this lying, despicable cabal, I find myself waiting for the other shoe to drop. I can’t believe they’re throwing in the towel this easily.
I read that just now. Alito made mincemeat of him.
ObamaCommicare IS a train wreck
What did the un-ethical one who refused to recuse herself have to say?
I’m cautiously optimistic, but it’s way too early to be doing victory laps, IMHO. Sometimes you can’t tell how SCOTUS will rule from their questions.
You can't use a 'tax' as a penalty.
Ahh, you aren't able to sink into doublethink like the 'Rats.
Winston sank his arms to his sides and slowly refilled his lungs with air. His mind slid away into the labyrinthine world of doublethink. To know and not to know, to be conscious of complete truthfulness while telling carefully constructed lies, to hold simultaneously two opinions which cancelled out, knowing them to be contradictory and believing in both of them, to use logic against logic, to repudiate morality while laying claim to it, to believe that democracy was impossible and that the Party was the guardian of democracy, to forget whatever it was necessary to forget, then to draw it back into memory again at the moment when it was needed, and then promptly to forget it again: and above all, to apply the same process to the process itself. That was the ultimate subtlety: consciously to induce unconsciousness, and then, once again, to become unconscious of the act of hypnosis you had just performed. Even to understand the word 'doublethink' involved the use of doublethink.
Hey, 'Rats, 1984 was supposed to be a warning, not an instruction manual.
Toobin just threw the Solicitor General under the bus for Obama, because we all know this unconstitutional power grab couldnt possibly be the problem...
maybe he’s just way out of his league ,like the rest of the Obama Admin
Bingo. This is why 0bama must go. He will ignore the SCOTUS’ ruling if overturned and wait until AFTER he’s elected to publicly state his intent to proceed with 0bamacare. He’ll have more “FLEXIBILITY” at that point, right?
Hmmm... the lawyers at ScotusBlog were no where near as sure of the outcome as these reporters. They thought it very close.
You can't use a 'tax' as a penalty. "
That all depends on what the definition of "is" is.
Well, the person responsible for the IRS used Turbo Tax, perhaps the SG got his arguments from Legal Zoom.
“This law looks like it’s going to be struck down. I’m telling you, all of the predictions including mine that the justices would not have a problem with this law were wrong.”
I hate to be cynical. But i think this is just a kibuki dance,, meant to look like they are SERIOUSLY considering the arguments. They will criticize,, make snarky remarks, etc.
But in the end, unless one belives the USSC to be above the corruption and ignoring of the Constitution that the other two branches regularly do,,,i wouldn’t bet twenty bucks that they will overturn it.
Hope im wrong.
Fraudulent fianancing - half a trillion dollars taken from Medicare to supposedly finance other aspects of the law and keep the total cost of the program under one trillion, with the "borrowed" funds later returned in the form of a "Doc Fix" and other appropriations in other sections of the federal budget to hide the real spending...
A stolen sixtieth vote for the law in the Senate when federal prosecutors framed Sen. Ted Stevens of Alaska for financial irregularities, causing him to lose his reelection bid by 3000 votes to a 'rat who provided the necessary margin to keep the bill alive...
A prejudiced pro-law vote on the Supreme Court in the person of Elena Kagan, who was working in the White House when the bill was passed and is on record as being absolutely in favor of passage. She should have recused herself from deliberations without even being asked - but that would take too much honor for any leftwinger to muster....
Spawned in corruption, Obamacare may eventually be found constitutional by the Supreme Court, but the American public will always believe it to be illegitimate.....
If I were a conservative, and I am, I wouldnt get my hopes up. Here is a take that has not been mentioned yet.
From what I understand the Justices dont dicsuss the case after theyve heard arguments. They go back to their chambers and write their opinions and vote. Thats not a rule, that is simply how the process has evolved.
Hoewever, the Justices are free to query one another and conversate with one another and there is no prohibition against lobbying another Jusice.
Keeping that in mind, now remember this: obama has put two women on that court and he picked them becasue they are as radical as he is.
I believe that Sotomayer is just as much as a radical activist as obama with a union thug gene deep in her genome.
I believe that Sotomayer will try to sway other Justices behind closed doors. I believe that she will be in touch with the obama adminstration giving them a blow by blow on how the decision is coming along. In short she is a mole.
I believe that if the opinion doesnt go her way that she will try to fiddle with the final text in order to achieve her end.
Look at her track record if you dont believe that sotomayer is capable of that. She is a non apologetic racist who will have her way and do anything to get her way.
Sotomayer is key, someone must keep an eye on her and keep her in check. (Kind of reminds me of John Carpenters The Thing with Kirt Russel)
Putting it that way sure does make me chuckle.
Milli Verrilli ? Are you a fraud ?
I’m at the airport so it’s the only thing on...and they are down in the dumps. They are trying to blame the solicitor general for doing a horrible job, but given the crap sandwich he had to defend who can blame him.
I’m going to buck the conventional wisdom and say that this is exactly what 0bama and Romney were hoping would happen because now it takes the issue off the table... At least for the time being.
I think the reason the US SG was unprepared is because they fully expected the case to get punted until 2014 since they framed the penalty as an untax-tax.
I agree...the Obama regime doesn’t give a damn about judicial decisions that go against them. They ignored the first judge who ruled it unconstitutional...and they ignored the judge who ruled against their drilling moratorium.
They don’t care about the law.
No need for them to be down in the dumps until the fat lady sings. Ya just never know how the black robes will rule.
If not can check under the cannons at Fort Marcy Park
Like Vince Foster......
This is CRAP people, don’t fall for this BS. They are lowering expectations. As we all know, the questioning phase of a Supreme Court inquisition can often feel just like that. You cannot absolutely tell how the justices are going to vote, based on the questions asked or the tone or manner. I have seen it go the other way too many times.
I read it as saving face. The entirety of his questioning fits more strongly within a 5-4 Roberts (or possibly passed to Alito) majority decision to overturn, at least in part per individual mandate.
All of these Justices should be following the letter of the law...not one of them on the fence about how the law appears in their point of view. This is all B.S. It is illegal period.
Without the individual mandate, if they enforce the rest of ObamaCare, the health insurance industry will not collapse, nor will it implode. It will evaporate. Gone in thirty seconds.
I think obama rushed the process because his re-election hopes are dim...he is going to run against *evil* healthcare-stealing republicans. Above all, he wants to be in power and have approval from the people. He is a narcissist afterall.
If the mandate is severed from the rest of it, Obama could just tell Congress to come up with a new source of funding if they want to balance the costs and that he’ll veto any attempt to repeal any other part of the law. Then we’d have to see if we have enough votes to override the veto.
I actually think a federal individual mandate would be very hard to uphold, even for some of the more liberal judges.
A state mandate to buy a product (such as auto insurance) is a different matter, because it protects that state from expenses, the same of which could be said of state-mandated health insurance. But this is also because an individual state does not contemplate becoming the sole provider of that product, which is clearly the aim of Obamacare. So there are mandates and there are mandates, but I think most rational judges will have to find that this one exceeds the permitted scope of federal action.
Reading the transcripts, the gummint got beat up pretty bad...
They need Obamacare!!
Milli Verrilli, just lip-synching the liberal BS!
Pretty much every analysis today I’ve seen or heard has confirmed what this article is stating including Jay Sekulow whom I respect very much.
What is “Scouts blog” and why should I care about their outlier position?
Let’s hope this is the firsst of MANY “trainwrecks” for Obamacare, its mandates and death penalties......and for its AUTHOR.
It might hurt Romney in the primaries even more also.
June is when the actual decision is released...
More to the point, the headlines then will scream that the cost is double without the now-overturned individual mandate.
Mittens could close out Bobo then and there by having a speech ready in which he admits Romneycare was flawed/Obamacare was unconstitutional and Congress must repeal/properly, the states are incubators, not the fed/how do we properly engage the real problem, extending care to the 24 mill who don't have it-won't get it-too stupid to care, and are clogging up our emergency rooms for the rest of us.
This mandate to buy is the worst attack on personal freedom since slavery.
Forget all the other words being used. It says the government can “order” you around instead of just manipulate you around. They tax whiskey, and it affects your buying. They tax your income and then go buy things with the money you wouldn’t otherwise have bought.
With this, though, they issue and order and tell you to go down to the neighborhood store and buy 6 of these and 5 of those.
It opens the door for the government to issue individual, particularized orders.
Disneyworld is going under...you are ordered to attend disney this year.
GMC is hurting...you are ordered to buy a Volt.