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Posted on 03/28/2012 9:44:18 AM PDT by Bill Buckner
The court’s conservatives sounded as though they had determined for themselves that the 2,700-page measure must be declared unconstitutional.
"One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia.
Agreeing, Justice Anthony Kennedy said it would be an "extreme proposition" to allow the various insurance regulations to stand after the mandate was struck down.
Meanwhile, the court's liberal justices argued for restraint. Justice Ruth Bader Ginsburg said the court should do a "salvage job," not undertake a “wrecking operation." But she looked to be out-voted.
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. said they shared the view of Scalia and Kennedy that the law should stand or fall in total. Along with Justice Clarence Thomas, they would have a majority to strike down the entire statute as unconstitutional.
(Excerpt) Read more at fox43.com ...
LOL!
The mandate is nothing but a pay-off to buy the acquiescence of insurance companies. Obamacare was Single Payer’s foot in the door, in preparation to its grand entrance in 2014.
Cornhusker Kickback
Louisiana Purchase
Pass it to find out what’s in the bill
This is a big effing deal man
Midnight vote
No hearings
Marxism
Fail
If Obama loses in November and Ginsburg and Breyer immediately resign so that Obama can nominate their replacement, there is NO WAY that the Senate will vote to confirm prior to the new president being sworn in on January 20, 2013 (at which time the new president would surely remove the nominations and nominate two other candidates), much less before the new Senate (which will have a GOP majority) takes over on January 3, 2013. There are 47 Republicans in the Senate, and even with a few RINOs there, it is unfathomable that we would fail to get 41 of them to filibuster last-minute nominations by a defeated, lame-duck Democrat president.
If Ginsburg and Breyer wanted Obama to name their replacements, they should have retired in 2009 or 2010.
Yes, of all the justices of the last two decades, Kennedy has done the least damage to the bill of rights.
Great post!
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Hee Hee! That’s funny.
“I’m not sure why they just don’t give a tax credit for insurance payments.”
Might it be the people they want to bring into the system don’t pay any taxes, or not much. How can you give them a credit? The math doesn’t work out. That’s why.
KNEEDLER: ... we think that severability is a matter of statutory interpretation. It should be resolved by looking at the structure and the text of the Act, and the Court may look at legislative history to figure out what the text and structure mean with respect to severability. We don't -
JUSTICE SCALIA: Mr. Kneedler, what happened to the Eighth Amendment? [banning cruel and unusual punishment] You really want us to go through these 2,700 pages?
>> “No, we need to clean house in Congress next.” <<
.
A M E N !
.
It’s a witch’s brew.
Visiting any Leftist protest tells you who’s brewing what they’re drinking..
Surely you jest.
The sole purpose of the Republican Party is to serve as an ineffective alternative to the Democrat Party.
” JUSTICE SCALIA: Mr. Kneedler, what happened to the Eighth Amendment? [banning cruel and unusual punishment] You really want us to go through these 2,700 pages? “
Best line of the hearings, so far.
Anyone know whose Constitution she was reading when she said this?
Isn't Ginsburg the one who thinks she's a 'citizen of the world' rather than merely the United States? And that entitles her to look the world over to find what might agree with HER. HER the Goddess of all wisdom?
That the decision will be 5-4 for or against the individual mandate looks like a sure thing.
Much has been written about Kennedy and the conservative side of the court.
However, from the liberal side, Justice Stephen Breyer appeared to see the mandate and the market from a completely different point of view. Breyer at one point suggested that everyone automatically becomes a participant in the heatlh-care market as soon as they’re born. Because no human being can escape illness, Breyer said, everyone will at some point require medical services; this includes those who cannot pay or those who lack insurance.
Justice Ruth Bader Ginsburg, who embraced the same vision of the health-care market, argued that a person’s refusal to buy health insurance is actually a choice to pass on potential health-care costs, and “they’re making the rest of us pay for it.” Justices Sonia Sotomayor and Elena Kagan appeared on board with their fellow Democratic appointees.
Kennedy in particular seemed to soften near the end of the hearing, acknowledging the problem of the millions who are uninsured and pondering out loud about how the government could address that.
So, no reason to celebrate yet.... it could go the other way.
Kabuki.
Don’t forget the DEMs changing the locks on the committee room so the GOP could not participate in healthcare discussions ...
Ironically enough, single payer, if passed in a straightforward way, would likely survive SCOTUS. It’s all the smoke and mirrors and attempts to deceive people which are about to catch-up to them.
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