Skip to comments.Why the Whole Health Care Law Is in Jeopardy
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.
Lets 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 hasnt authored an opinion from the March or April sittings. Hes 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 were right about this, then its a real problem for the Affordable Care Act.
(Excerpt) Read more at realclearpolitics.com ...
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.
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.
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.
Intrade says 82% confidence that the Mandate will be ruled unconstitutional. That’s not perfect but not bad odds.
Are you ready to eat those words tomorrow morning?
I may have to go split a sandwich with Humblegunner, but I won’t be dieting on words tomorrow ... Schlotzsky’s ya say, HG?
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.
Not enough government fascists (with government retirement investment money) in the market, will benefit with this one, so we’re expecting a no vote.
I'm guessing MHGinTN was making a play on the name "Dread Pirate Roberts" from the lead character in the "Princess Bride" movie.
I should buy you a Coke! You’re the first person that has figured that out.
... 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 ...
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).
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.
I am *so* going to steal that image tomorrow morning, if things go well.