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Justices to lawyers: Don't make us read the law
Politico ^

Posted on 03/28/2012 12:09:24 PM PDT by Sub-Driver

Justices to lawyers: Don't make us read the law

By: Politico Staff March 28, 2012 02:22 PM EDT

So much for “read the bill.”

Three days into oral arguments over President Barack Obama’s health care law, Supreme Court justices made a plea to the lawyers Wednesday: Please don’t make us read it.

Justice Antonin Scalia cut in when Deputy Solicitor General Edwin Kneedler said the justices would need to look at “the structure and the text” of the 2,700-page law .

“Mr. Kneedler, what happened to the Eighth Amendment?” Scalia asked — a joking reference to the Constitution’s prohibition on cruel and unusual punishment. “You really want us to go through these 2,700 pages?

“And do you really expect the court to do that? Or do you expect us to — to give this function to our law clerks? Is this not totally unrealistic? That we are going to go through this enormous bill item by item and decide each one?"

Taking a swipe at the court’s textualists, Justice Elena Kagan said the court could dispense with the legislative history and “look at the text that’s actually given us.”

“For some people, we look only at the text,” she said. “It should be easy for Justice Scalia's clerks.”

“I don't care whether it's easy for my clerks,” Scalia said to laughs. “I care whether it's easy for me.”

Although “read the bill” was a rallying cry on the right during the congressional fight over the law, Chief Justice John Roberts seemed to acknowledge Wednesday that he hadn’t done so himself.

“Where is this line?” he asked Kneedler at one point. “I looked through the whole Act, I didn't read ... “

(Excerpt) Read more at politico.com ...


TOPICS: Government; News/Current Events; Politics/Elections
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snicker..........
1 posted on 03/28/2012 12:09:40 PM PDT by Sub-Driver
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To: Sub-Driver

Even mockery from the bench! I hope it is a train wreck, indeed.


2 posted on 03/28/2012 12:13:00 PM PDT by Lando Lincoln (But that's just me.)
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To: Sub-Driver

A vast majority of the House and the Senate didn’t read the entire law, our lazy President didn’t read the entire law and now the Justices are not reading the entire law. This suggests to me that unelected legislative staffers are running this country.


3 posted on 03/28/2012 12:18:33 PM PDT by monocle
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To: Sub-Driver
Sounds to me like they ought to just throw the whole law out, kit and caboodle due to it being lengthy unintelligible rubbish.

I have a hard time understanding anyone supporting a law that congress didn't read, the senate didn't read,the president didn't read, and the supreme court didn't read. Somebody read the blasted thing already!

4 posted on 03/28/2012 12:20:41 PM PDT by Idaho_Cowboy (In case of doubt: Attack! George S. Patton)
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To: monocle

The ‘Center For American Progress” is. My understanding is that they wrote much of it, along with Max Baucus. Anyone know who the REAL authors are? I can’t believe the Google searches.


5 posted on 03/28/2012 12:21:57 PM PDT by FedsRStealingOurCountryFromUs
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To: Sub-Driver

This is actually a sad admission that justices can’t be bothered to read and understand that which they are adjudicating. One would think that familiarizing themselves with the subject matter of their concern would be part of the job description, all 2700 pages worth. That’s why they get paid the big bucks.


6 posted on 03/28/2012 12:22:29 PM PDT by SpaceBar
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To: Sub-Driver

If the Supreme court justices read it, they will be the first humans on the face of the earth to have done so.

I would wager that NO ONE has EVER read the thing cover to cover... So, if no one else ever has, why make the Justices read it!!


7 posted on 03/28/2012 12:23:09 PM PDT by SMARTY ("The man who has no inner-life is a slave to his surroundings. "Henri Frederic Amiel)
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To: Lando Lincoln
This will be a liberal talking point. "The right wing judges ruled on the law without even reading it."

It will be overlooked, however, that neither did Obama, Reid, Pelosi nor any one of the 535 Congress members who voted on it.

House Judiciary Committee ChairmanJohn Conyers even scoffed at the idea that anyone would read the bill.

Coming soon to a news medium near you.

8 posted on 03/28/2012 12:23:16 PM PDT by Maceman (Liberals' only problem with American slavery is that the slaves were privately owned.)
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To: Sub-Driver

Kagan knows that if she can persuade them to read the entire thing this ruling won’t be issued till 2017


9 posted on 03/28/2012 12:24:24 PM PDT by Buckeye McFrog
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To: monocle
A vast majority NONE of the House and the Senate didn’t read the entire law
10 posted on 03/28/2012 12:24:44 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: Sub-Driver

Remember it was San Fran Nan who said, “We have to pass the bill to see what’s in it.” This is the height of irresponsibility. I hate these people. They should all be forced to eat it, page by page.


11 posted on 03/28/2012 12:26:31 PM PDT by bopdowah ("Unlike King Midas, whatever the Gubmint touches sure don't turn to Gold!')
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To: Sub-Driver

The media is jealous of it’s greatest achievement:

A law that was passed without ever having been read by anyone.


12 posted on 03/28/2012 12:26:41 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Idaho_Cowboy

This is one time when they need to throw out the baby and the bathwater. The whole bill is a POS.


13 posted on 03/28/2012 12:28:12 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Sub-Driver
The deputy Solicitor General called it "unrealistic" for him to say what could stay and what could go if parts are severable? Isn't that an admission that it isn't severable?
14 posted on 03/28/2012 12:28:12 PM PDT by newzjunkey (Newt says, "A nominee that depresses turnout won't beat Barack Obama.")
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To: Sub-Driver

I wish I could figure out how a major piece of legislation gets voted on and signed into legislation, and now challenged in multiple courts, and yet NO ONE HAS READ IT!


15 posted on 03/28/2012 12:28:38 PM PDT by cincinnati65 (Romney is not MY candidate for President in 2012.)
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To: SpaceBar
One would think that familiarizing themselves with the subject matter of their concern would be part of the job description, all 2700 pages worth.

Why read the whole thing? If I'm on the Court, as soon as I find anything unconstitutional, there's no reason to read any further. My job is done.

16 posted on 03/28/2012 12:29:27 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: Sub-Driver

i just hope America is watching this disaster. Obamacare and it’s namesake.


17 posted on 03/28/2012 12:30:00 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: monocle
A vast majority of the House and the Senate didn’t read the entire law, our lazy President didn’t read the entire law and now the Justices are not reading the entire law.

I wish someone of high authority would read the dang bill just to point out how treasonous, unconstitutional and illegal it really is. I would like people to know what their progressive/communist/liberal lawmakers tried to pull on them.

18 posted on 03/28/2012 12:31:29 PM PDT by Bitsy
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To: SMARTY

Mark Levin claims to have read it. A person familiar with legaleze should be able to skim it in a week or two.


19 posted on 03/28/2012 12:31:42 PM PDT by SpaceBar
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To: monocle

Sounds like somebody suggested to Scalia that grokking this puppy’s alleged virtue would require an appreciation of the whole glorious mess.


20 posted on 03/28/2012 12:32:14 PM PDT by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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