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 ...
Ginsburg has also said that it would be judicial over reach to throw out the whole law, that it should be up to Congress to decide which parts of the bill can be allowed to remain.
Breyer has pointed out that there are lots of parts of the bill that can stand alone, like health benefits for “Indians”. He said that was an “Indian” thing and could remain.
But, I can see that some of the liberal justices might oppose the federal mandate as written, but oppose overturning the whole law.
I will wait until June before I get excited. I am sure the corrupt administration will try to pressure these justices in some way. Hope they have good security.
In what context were they making these remarks? I thought they were just asking questions, maybe making some declaratory or hypothetical statements. But the way these quotes sound, it sounds like they’re openly declaring their opinions.
If Obama wins reelection, it seems to me his presidency is a lot less dangerous without Obamacare and all the massive regulatory power it gave him, as long as gridlock is maintained. He hasn’t been able to get any new legislation passed since 2010. He can keep delaying energy exploration, but that delays something good rather than advances something bad. He can appoint Supreme Court justices of course. But a lot of the stuff the left wants to do like single payer health care won’t be able to be overturned by the courts anyway. We’re going to need to hang onto Congress for all eternity to counter that stuff.
” Flush it!!!! Dont give McConnell and Boehner a chance to reach across the aisle to their good friends and proceed to muck it all up.”
Oh G O D ......where is the antacid??
You could, in theory, see a liberal judge find the individual mandate constitutional but then argue that the bill is not severable.
Consider a fellow ‘Show Me State’ who shares your opinion:
SHOW ME THE RULING (furthering that thought) STRIKING THE ENTIRE LAW DOWN
Well why not? The liberal justices of the SC determined it was their function to make the Solicitor General's case for him too! Just shocking. Appalling.
They would have to have control of Congress to move to single payer, wouldn’t they?
Every other 0bama in our nation is an ILLEGAL ALIEN!
B Wacky doesn't have a Hi BC. He's got a FORGED electronic document, nothing else!
No doubt a “living, breathing Constitution developed at the UN.”
Yes, that is possible, you can never predict what the liberal judges will do or what their argument will be, because their arguments often defy logic.
"The nice part about being a pessimist is that you are constantly being either proven right or pleasantly surprised." George F. Will
I'd like to be pleasantly surprised. But, I'm familiar with the American voter.
That says something, eh?
I called this one the very enxt day to all my liberal friends. Roberts has a very long memory.
...with all due respect, statements like this are nuts. Nobody, and I mean no-bod-eeee knows what the SCOTUS lunatics will decide. Hell, they don't even know themselves since they don't sit around and debate the "arguments".
SCOUTS will strike down the law...SCOTUS will uphold the law....part of the law? none of the law?....
..all are speculation and hopes of people who absolutely cannot know for sure.
...I am hoping that Obamacare goes down in flames that cannot be put out...
...but just in case, I am doing a little research as to where the closest welfare office is located....right now, I have no clue where one is.
There is an unseemly conservative obsession with the mandate, IMO. I am not celebrating anything.
I am encouraged.
Particularly liked Roberts referencing to the Black Lung provision as hinged on the individual mandate and drawing the conclusion that the individualmandate votes would not have been there if the Black Lung provision had been left out, ergo, mandate goes bye-bye means the law in toto goes bye-bye.
Good feelings all around today, but I am keeping my guard up.