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Justices poised to strike down entire healthcare law
Fox43 ^ | March 28, 2012 | By David G. Savage

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 ...


TOPICS: Editorial; Government; News/Current Events
KEYWORDS: obamacare; robertscourt; ruling; scotus; scotusocareday3
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To: MomwithHope

[When the court does strike it down libs will say - they struck it down and they didn’t 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.....)


221 posted on 03/28/2012 1:59:17 PM PDT by PSYCHO-FREEP (If you come to a fork in the road, take it........)
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To: ctdonath2

YIKES!!!!!

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!!!

DOUBLE YIKES!!!!!


222 posted on 03/28/2012 2:03:16 PM PDT by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: stephenjohnbanker

Yes, its true - they changed the locks as they were crafting the bill. Pelosi authorized this ...


223 posted on 03/28/2012 2:05:17 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: djf

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.


224 posted on 03/28/2012 2:05:17 PM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: Bill Buckner

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.


225 posted on 03/28/2012 2:06:07 PM PDT by PittsburghAfterDark
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To: djf
I’m about 2/3 of the way reading the transcripts, and the gummint is arguing for severability.

It had its chance for severability but turned it down because it said the individual mandate was the linchpin of the entire law and that none of it would work apart from the whole. It's too late to claim they want something they already rejected in order to save their sorry asses. That's as stupid as Sotomayor asking why Congress couldn't work all this out. The Democrat Congress did, and that's why it's at the Supreme Court.
226 posted on 03/28/2012 2:07:55 PM PDT by aruanan
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To: djf
Dhimmicrat Senator Ben Nelson, who coincidentally isn't running for re-election this year.
227 posted on 03/28/2012 2:08:29 PM PDT by Cato in PA (1/26/12: Bloody Thursday)
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To: Izzy Dunne
"Ginsburg said the court should do a "salvage job," ... because it's the Court's function to rewrite the legislature's laws ...."

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.

228 posted on 03/28/2012 2:08:29 PM PDT by vlad335
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To: Tallguy
I agree that that would be the perception, but this Law was cobbled together by Nancy Pelosi & Harry Reid with very little input from Obama.

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 ...

229 posted on 03/28/2012 2:12:18 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Lmo56

How dare the Republican leaders in the House & Senate claim
legitimacy?


230 posted on 03/28/2012 2:12:18 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Uncle Miltie
Wow. It’s amazing how close America came to being totally over.

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.

231 posted on 03/28/2012 2:15:39 PM PDT by sand88 (Nothing on this Earth would get me to vote for Mitt.)
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To: PittsburghAfterDark

” 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.”

I am NOT wondering : )


232 posted on 03/28/2012 2:15:56 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: crusty old prospector
But, but. What about the “children” that are now on their parent’s insurance? What will become of them, the poor dears?

I don't know about the "children" but I guess I will be on my way to "die quickly"! ; )

233 posted on 03/28/2012 2:25:52 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Bill Buckner
Along with Justice Clarence Thomas, they would have a majority to strike down the entire statute as unconstitutional.

Let's hope Clarence Thomas doesn't "grow."
234 posted on 03/28/2012 2:27:53 PM PDT by aruanan
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To: Bill Buckner
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.

Gee, they didn't argue for restraint on killing babies in the womb based on emanations from penumbras.
235 posted on 03/28/2012 2:29:17 PM PDT by aruanan
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To: Izzy Dunne
Poor, poor Justice Ginzburg ~ they strike the whole thing down or just take down a few pieces and do a make-shift rewrite.

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.

236 posted on 03/28/2012 2:30:38 PM PDT by muawiyah
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To: aruanan

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.

Oh well.

After Ginsburg retires, at least we will still have one box-o-rocks on the bench...


237 posted on 03/28/2012 2:33:18 PM PDT by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: ctdonath2

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.


238 posted on 03/28/2012 2:36:26 PM PDT by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: ImJustAnotherOkie
Ms Ginsberg? Hello, MISSUS GINSBERG???

Here. You have three hours.


239 posted on 03/28/2012 2:39:40 PM PDT by freedomlover (Make sure you're in love - before you move in the heavy stuff)
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To: Okieshooter
"An Obama administration lawyer, urging caution, said it would be “extraordinary” for the court to throw out the entire law. About 2.5 million young people under age 26 are on their parents’ insurance now because of the new law. If it were struck down entirely, “2.5 million of them would be thrown off the insurance rolls,” said Edwin Kneedler."

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.

240 posted on 03/28/2012 3:03:09 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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