Posted on 03/29/2012 1:50:01 PM PDT by Sybeck1
A handful of Senate Democrats sought to assure doubtful liberals that the Supreme Court justices aren’t ready to strike down their crowning achievement, standing before cameras and mics Wednesday in front of the court. One warned that doing so would ruin the court’s credibility.
“This court would not only have to stretch, it would have to abandon and completely overrule a lot of modern precedent, which would do grave damage to this court, in its credibility and power,” said Sen. Richard Blumenthal (D), a former attorney general of Connecticut. “The court commands no armies, it has no money; it depends for its power on its credibility. The only reason people obey it is because it has that credibility. And the court risks grave damage if it strikes down a statute of this magnitude and importance, and stretches so dramatically and drastically to do it.”
Sen. John Kerry (D-MA) said the law has been thoroughly vetted.
“As a senior member of the Finance Committee,” he said, “I can tell you that we had one of the most rigorous and transparent legislative processes that I have witnessed in almost 3 decades here in the Congress. We worked with some of the brightest, most thoughtful and experienced constitutional lawyers in order to make sure that the law was constitutional.”
Kerry said the assumptions that tough questions from the justices will amount to striking down some or all of the Affordable Care Act are a fallacy — he predicted, as the final oral arguments were transpiring inside, that it would be upheld.
“Now I am glad — as I think any of us who’ve practiced law are — to see the intense questions from the justices. They’re engaged, and they are thoughtfully working through these issues,” Kerry said. “But questions are a legitimate way of probing the basis of their own thinking. They are not an indication of a judgment made, or a vote ready to be cast. They’re working through this process as they ought to, mindful of the fact that 30 courts below them have already made a judgment upholding it.”
Blumenthal and Kerry — who were joined by Sen. Jeff Merkley (D-OR) — called the press conference one day after liberals and other court watchers expressed serious doubts that the justices would uphold the Affordable Care Act’s requirement to purchase insurance, a central pillar of the law. The firestorm was ignited by legal analyst Jeffrey Toobin, who called Tuesday’s arguments a “train wreck” for the White House and predicted that “Obamacare” would be struck down.
Pushing back, Blumenthal said that there’s a “heavy burden” on the challengers.
“Everybody learns in the first year of law school that the law that’s challenged is presumed to be constitutional,” Blumenthal said. “That is a heavy burden for anyone challenging the constitutionality of a law to overcome. When in doubt, uphold the law. There is a lot of room for doubt here, and there is a lot of clear precedent that requires this court to uphold this law.”
The Democrats’ level of confidence has diminished since the days when they dismissed a constitutional challenge to the Affordable Care Act as frivolous. Indeed, the tough questioning from swing Justices John Roberts and Anthony Kennedy about the limits of federal power at least rattled liberals enough to require the nerve-soothing press conference. But Democrats are seeking to quell liberal fears that the game is already over.
Experts say it’s too difficult to predict how the court will rule.
Affordable Care Act, HCR/SCOTUS, Supreme Court
“Dems Warn Of ‘Grave Damage’ To SCOTUS If ‘Obamacare’ Is Struck Down”
Nancy Pelosi’s wig will have to work overtime scrambling to come up with an Obamacare II.
How can you have the Speaker of the House at the time say “We have to pass the bill to find out what is in it,” and then claim rigorous vetting, constitionality, and transparency.
Once again Senator Kerry reminds the nation of the dodged bullet for not electing his partisan hack brain dead a$$.
B U M P
Go ahead, whizz off the Chief Justice....I double dawg dare ya...
If it is good for everyone than force everyone to pay into it and force them to use it, otherwise kill it.
Yes, I agree with the Dems that “‘Grave Damage’ To SCOTUS If ‘Obamacare’ Is Struck Down”. I saw Maddow argue this the other night.
At least Kagan is unbiased on this case and has a head start on it too.
This reminds me of something I noticed during Bush’s first term. Back then Republicans were complaining about the SCOTUS decisions so CNN and few others liberal MSM started doing shows and segments on how Republicans questioning the SCOTUS would undermine the ‘rule of law’. Not the decisions themselves, but the criticism.
It’s amazing how tables can turn.
All depends on whose OX is being Algored : )
” said Sen. Richard Blumenthal (D), a former attorney general of Connecticut. “The court commands no armies, it has no money; it depends for its power on its credibility. The only reason people obey it is because it has that credibility.”
No, you sick, twisted psycho....people obey it, because it is the L A W
Are these fools threatening the SCOTUS!!???
Dems Warn Of “Grave Damage”....
Obama did promise “shovel ready” jobs ;)
You fat cats need to pay their fair share.
As long as there is a SINGLE poor Hispanic kid in AZ then you are not paying enough $$$ to Obama, and more of them are on the way :)
The Dems don’t want to kick Lucy’s football twice. No tax increases on Big Oil, to pay for another bankrupt green criminal enterprise.
Dems “Go F yourself, Obama!!”
Yes, we need to tax oil to make it cheaper, Obamas experts promise us that it will work at least as good as Obama-care and the stimulus did.
Resist we MUCH !!
al sharpton
I have always believed that liberals are so determined to get their way that they are willing to risk civil war to do so. I don’t know what the issue will be (maybe it’s this one) but one day it will happen. They are NOT going to allow rule of law, the constitution, will of the people, or any of that to keep them from getting what they want.
As far as I’m concerned, they can start now. Let it happen while I’m still young enough to carry a gun and fight. I would hate to see it start when I’m in my late 70s or 80s and unable to do my part.
I honestly think they think we will just lay down and accept it.
However, if it does lead to a war. I agree. Lets get it started. I am young enough to fight and my kids are old enough to be ok with out me. I am raising my kids the right way, outside of the nest of the government. Neither attend government schools (my wife teaches them)
we started deprogramming them 4 months ago. Both are turning in to great little capitalists with the ability to help rebuild our nation once what infects it is rooted out and removed.
With Ginsberg retiring during a Republican administration
I doubt that will happen unless shes passes away.
She’ll stay until a democrat can replace her or she is dead. (of natural causes)
The ones who see others' wealth as their own don't care about govt. boondoggles. Hell, some of them want to govt. to spend as much as possible on Solyndras. But grabbing private citizens' wealth and property via the power of taxation and "redistribution" is the main goal.
But I think you are partly right. Some of them know it would be foolish and wrong.
Logical conclusion from this statement: If Obamacare is struck down, the Supreme Court has no credibility. If the Supreme Court has no credibility, it's ruling can be ignored. Therefore, the Executive Branch will continue to enforce the law.
What then?
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