Skip to comments.Justices poised to strike down entire healthcare law
Posted on 03/28/2012 9:44:18 AM PDT by Bill Buckner
The courts 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 ...
Ginberg would prefer a "wrecking operation" on the US Constitution, so we can then follow her lead and look to the constitution of South Africa:
"I would not look to the US constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa."
Ginsburg in a recent interview on Egyptian television
Wow. It’s amazing how close America came to being totally over.
The whole mess is gonna get tossed. Reading the transcripts from today, Scalia is making a crack about striking down “the cornhusker kickback”, a reference to that deal where they (the administration) basically bought the vote of who was it? One of the midwest pubbies? I can’t remember exactly.
In what universe are they going to pass a single payer program when they struggled so badly and for many months and with all type of briberies and arm twisting to pass this Obamacare law and when they had super majority in Congress with not a single Republican in Congress voting for it. No way on Earth they are going to pass a single payer program if the Supreme Court scrap the mandates in the Obamacare. They would not even attempt to do it in any serious way, they have lost politically so much because of this and they will be politically suicidal if they attempt to do it again.
But... But.... I thought "Lady Justice" was blind? Especially to color? Surely the Supremes will be well within their rights of claiming such, anyway.
Oral arguments can be rather informal and incomplete. No question that the inclusion, then deliberate removal, of a severability clause WILL be addressed in the final verdict.
I totally agree, we have to wait till the final ruling is issued. I am always weary of the public faces they put versus the actual ruling they issue. Let us hope for the best and that this Obamacare law will go down or at least the mandates will go down which would make the whole Obamacare non workable.
Clement made a brilliant argument that if Congress passes a bill as a general guideline and INCLUDES a severability clause, then what they are saying is “We want most if not all of this, but we’re ok if a piece doesn’t work and we get the rest”
But if Congress passes a bill with NO severability clause, then they are basically saying “That’s it, Jack. Take it or leave it! All or nothing!”
They will toss the whole thing.....the stench of 2700 pages
of leftist orgasms will permeate the entire chamber : )
ok captain obvious
Sort of leaves a professional black eye.
” To Hell with 0bama, let the little Kenyan sonuvabitch be humiliated. “
It is officially “Humiliate A Racist Communist Muslim Day”
When the court does strike it down libs will say - they struck it down and they didn’t even read it.
Every politician that voted yes on this piece of ...legislation should be booted from office. They tried to steal our liberties and our treasure. Everyone of them should go as well as our political leaders that alllowed this to happen in the first place.( McDonalds and Boner)
” When the court does strike it down libs will say - they struck it down and they didnt even read it.”
LMAO!! NOBODY read that SOMMBISH!!
” .( McDonalds and Boner)”
They go the day it is struck down!
HOPE AND CHANGE!!!
Best hopeful news in a loooooong time
Yes, severability clauses are a normal well-understood legislative practice, presence or absence thereof indicating "keep what we can" vs "all or nothing".
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