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".
[When the court does strike it down libs will say - they struck it down and they didnt even read it.]
What do you mean? Hell, not even one idiot in Congress ever read this monstrosity and they voted for it. (So they could learn what was in it.....)
I’m about 2/3 of the way reading the transcripts, and the gummint is arguing for severability.
You know what might happen?
They might strike the individual mandate, but LEAVE THE TAXES AND PENALTIES IN PLACE!!!
Yes, its true - they changed the locks as they were crafting the bill. Pelosi authorized this ...
The individual mandate is all about the penalty: no penalty = no mandate.
So whadja read that makes you come to a different conclusion? Don’t have time to read the transcript today.
I wonder if secretly Roberts, Alito, Scalia and Thomas are almost relishing smacking down Obama for his SOTU speech outburst directed at them when they couldn’t defend themselves on camera or in the press.
On top of striking down this unconstitutional mess they get to completely nullify Obama’s “major” legislation “victory” as the hot mess it is and likely write a majority opinion that is a major bitch slap to the pretender and chief.
Suffice to say the Dems sacrificed a house majority, had a scrub of an executive elected, drove the country into the ditch because of complete economic uncertainty and had their century long agenda tossed out on it’s f’ing ear.
Is June going to be fun to watch or what.
Agreed. "A salvage job"?!? This partisan liberal worm is sitting on the highest court and is nothing more than a rubber stamp and leftist mouthpiece.
Yeah, but the Great Constitutional Perfessor COULD have read the bill BEFORE he signed it [which I doubt he did]. IF he had read the bill, being the Great Constitutional Perfessor he is, he SHOULDA realized that the mandate was UNCONSTITUTIONAL.
At that point, he SHOULDA called Pelosi and Reid into his office - slapped them around a bit with a mackeral, and sent them packing back to Capitol Hill to re-write the bill ...
How dare the Republican leaders in the House & Senate claim
A complete repeal is meaningless without the outright firing of ALL the people who were hired to implement this monstrosity.
We have a right to know that these parasites implementing this mess are removed from sponging off the taxpayers. Unless that happens, this win will be ignored.
They will still implement onerous controls that will destroy private health insurance and no one will stop them.
” I wonder if secretly Roberts, Alito, Scalia and Thomas are almost relishing smacking down Obama for his SOTU speech outburst directed at them when they couldnt defend themselves on camera or in the press.”
I am NOT wondering : )
I don't know about the "children" but I guess I will be on my way to "die quickly"! ; )
That would reduce ObamaKKKARE to a rickety piece of legislation subject to an eternal trail of lawsuits over each and every phrase ~ and subject to a vote by a single justice ~ yea or nay ~ to provide a majority of five.
The Supreme Court would then become "the Death Panel' as each elderly appointee would, in turn, kick the bucket having nothing left in life to do but debate ObamaKKKare.
Sounds like a plan. Get a little guaranteed rotation on the Court and you just never know what they might do.
Actually, IMHO, Sotomayer is asking some pretty relevant questions, going back to Constitutional basis and case law.
Kagen, OTOH, is getting chewed up and spit out every time she opens her mouth.
After Ginsburg retires, at least we will still have one box-o-rocks on the bench...
If they strike the mandate part but leave the rest, Congress is free to amend the remaining parts (including the taxes and penalties) any which way it wants.
Here. You have three hours.
The same logic could be used to try to justify letting someone who unknowingly received stolen property keep it, because they now depend upon it in some way. The liberal justices, in furthering this line of thinking, have really shown themselves to be the Constitution-hating legislator-wannabe's that we've always known that they were. You expect this from the Administration itself. They're just distorting and lying to get what they want. But a Supreme Court justice should at least be capable of putting together a semi-coherent argument that at least has some shred of appearance of being rooted in the Constitution. But the lib justices pleas to salvage parts of the law or to rework it display an incredible incompetence in addition to their obvious bias. They really should be impeached for such a bold demonstration of Constitutional contempt.
I wish we could impeach them!
I'd fully expect to see riots in major urban areas.
My asthmatic/allergic 24 yo daughter is on our plan, and it costs us about $100 more in premiums a month. It’s still cheaper for her to be on our plan because she’s always been a sickly kid, so the list of preexisting conditions would exclude her from decent or inexpensive coverage. Congress should find an affordable way to deal with issues of portability and preexisting conditions, etc., because there are some health insurance issues that definitely need tweaking, IMO.
Mrs. Prince of Space
Humiliation? That’s the least this traitor has to fear. This country had better deal with this traitor when the time comes.
This assumes that Kennedy will vote to strike the mandate. The SCOTUS has disappointed me before.
They will toss out the entire vile 2700 page bill.
Nobody could even defend it .....pathetic : )
I may be wrong, but I remember they put the insurance mandate as the lynchpin of the leglislation to get the treasonous Dems to vote for it.
It would be so merciful if it was all struck down. The Marxists have so much poison, control and oppression built into that leglislation.
It was great that Obama went after the Christians in the way he did. It was just a small shout out from hell as to what’s to come. He woke the “social justice” Catholics up.
I hope so, and hope it doesn't rise from the grave (e, g. expansions of medicare/medicaid). Things are bad enough even if obamacare disappears.