Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Why the Whole Health Care Law Is in Jeopardy
Real Clear Politics ^ | June 27, 2012 | Sean Trende

Posted on 06/27/2012 6:27:44 PM PDT by Ernest_at_the_Beach

The real Supreme Court news on Tuesday wasn't the Arizona immigration decision or even the summary reversal of the Supreme Court of Montana in the "Citizens United 2" case. It was that the chief justice of the United States didn't write any of these opinions.

This is critically important, because we can now deduce with a reasonably high degree of certainty that John Roberts is writing the lead health care opinion. If we are right about this, then the law is in even deeper trouble that most observers imagined.

Let’s start from the beginning. The Supreme Court tries to spread its opinions equally among the justices, both for the term and for its monthly sittings. There are three opinions left and, fittingly, three justices who have authored fewer than seven opinions: Roberts, Sonia Sotomayor and Clarence Thomas.

Roberts is the likely author of the health care decision for three reasons. First, Thomas is the only justice without an opinion from the December sitting, so he is probably authoring the First American opinion still outstanding from that sitting (and it unlikely that a staunch originalist like Thomas could hold together a majority on an issue like the health care law).

Second, it is unlikely that an opinion of this magnitude would trickle down to a junior justice like Sotomayor. The Alvarez opinion from February seems more appropriate for her.

Third, Roberts hasn’t authored an opinion from the March or April sittings. He’s the only justice of whom that can be said. This, more than anything, makes him the likely author of the only opinion outstanding from either sitting, the health care law.

If we’re right about this, then it’s a real problem for the Affordable Care Act.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: affordablecareact; obamaare
Navigation: use the links below to view more comments.
first 1-2021-32 next last

1 posted on 06/27/2012 6:27:50 PM PDT by Ernest_at_the_Beach
[ Post Reply | Private Reply | View Replies]

To: Ernest_at_the_Beach

The pirate Roberts was placed on the court for spefici reasons. one of which is to lend an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda. If Roberts writes the opinion and the majority of the unConstitutional bill is upheld, don’t be surprised.


2 posted on 06/27/2012 6:31:47 PM PDT by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach

The pirate Roberts was placed on the court for specific reasons, one of which is to lend an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda. If Roberts writes the opinion and the majority of the unConstitutional bill is upheld, don’t be surprised.


3 posted on 06/27/2012 6:32:31 PM PDT by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach

Lets hope so. My stomach is in knots, its like waiting for your grade on an extremely important test, thinking you did well but not knowing for sure, and running the questions and answers around and around in your head.

And the decision is a lot more than just obamacare. If the mandate is upheld it grants the feds essentially unlimited power. Maybe we can repeal obamacare (LOL!) but we cannot repeal a freedom damning precedent.


4 posted on 06/27/2012 6:38:28 PM PDT by HerrBlucher
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach
I HAD A DREAM LAST NIGHT Photobucket
5 posted on 06/27/2012 6:38:41 PM PDT by Huskrrrr
[ Post Reply | Private Reply | To 1 | View Replies]

To: MHGinTN
If [he will, no 'if' about it] Roberts writes the opinion and the majority of the unConstitutional bill is upheldoverturned in its entirety, don’t be surprised.
6 posted on 06/27/2012 6:40:15 PM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 2 | View Replies]

To: MHGinTN
Pirate?! Pirate? Srsly?
7 posted on 06/27/2012 6:41:33 PM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Ernest_at_the_Beach

http://www.intrade.com/v4/markets/contract/?contractId=745354

Intrade says 82% confidence that the Mandate will be ruled unconstitutional. That’s not perfect but not bad odds.


8 posted on 06/27/2012 6:42:21 PM PDT by Pollster1 (A boy becomes a man when a man is needed - John Steinbeck)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MHGinTN

Are you ready to eat those words tomorrow morning?


9 posted on 06/27/2012 6:42:54 PM PDT by xjcsa (Ridiculing the ridiculous since the day I was born.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: MHGinTN
Roberts was placed on the court for spefici reasons. one of which is to lend an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda.


10 posted on 06/27/2012 6:47:49 PM PDT by Jeff Chandler (What did the president know and when did he stop knowing it?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: xjcsa; humblegunner

I may have to go split a sandwich with Humblegunner, but I won’t be dieting on words tomorrow ... Schlotzsky’s ya say, HG?


11 posted on 06/27/2012 6:51:29 PM PDT by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Ernest_at_the_Beach

The Supreme Court hasn’t been able to bring itself to put a real limit on the Commerce Clause yet.

It would help if voters cared about the Constitution as much as they do about their EBT cards.


12 posted on 06/27/2012 6:54:12 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach

Not enough government fascists (with government retirement investment money) in the market, will benefit with this one, so we’re expecting a no vote.


13 posted on 06/27/2012 7:01:45 PM PDT by Varsity Flight (Phony-Care is the Government Work-Camp: Arbeitsziehungslager)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Servant of the Cross; MHGinTN
Pirate?! Pirate? Srsly?

I'm guessing MHGinTN was making a play on the name "Dread Pirate Roberts" from the lead character in the "Princess Bride" movie.

14 posted on 06/27/2012 7:11:05 PM PDT by FairWitness (Everything is easy, once you've done it once)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Servant of the Cross
"Pirate?! Pirate? Srsly?"

=====================================================

DREAD Pirate!"

15 posted on 06/27/2012 7:12:21 PM PDT by Manic_Episode (Tom Hoefling for President - 2012)
[ Post Reply | Private Reply | To 7 | View Replies]

To: FairWitness

I should buy you a Coke! You’re the first person that has figured that out.


16 posted on 06/27/2012 7:13:39 PM PDT by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: MHGinTN
okay, so what is your rationale for this piece of lunacy:

... an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda ...

17 posted on 06/27/2012 7:19:26 PM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 16 | View Replies]

To: MHGinTN
You’re the first person that has figured that out.

Proving I guess that I watch too many movies (one of my favorite TV characters was Remington Steele; he could always come up with an old movie plot that solved his current mystery case).

18 posted on 06/27/2012 7:22:52 PM PDT by FairWitness (Everything is easy, once you've done it once)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Servant of the Cross

I’m going to be 67 this summer, Lord willing. I made the comment based upon what I see as the over-arching trends world-wide. That you chose to call it lunacy tells me it would be bets to let you fester without any help from me. I’m sure you will spittle whatever you want anyway, regardless of what I might offer, so have at it, sparky. Push someone else’s buttons, I don’t respect your opinion enough to respond further.


19 posted on 06/27/2012 7:23:46 PM PDT by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Huskrrrr

I am *so* going to steal that image tomorrow morning, if things go well.


20 posted on 06/27/2012 7:35:30 PM PDT by Charles Martel (Endeavor to persevere...)
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-32 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson