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Antonin Scalia: Won’t Congress Fix Obamacare?
National Journal ^ | 3/4/15 | Sam Baker

Posted on 03/04/2015 2:53:41 PM PST by DoodleDawg

Supreme Court Justice Antonin Scalia seems to have faith that Congress would fix Obamacare if the Court weakens it—but not so much faith in the Congress that wrote the law in the first place.

Solicitor General Donald Verrilli, arguing on behalf of the Obama administration, warned the Court during oral arguments in King v. Burwell on Wednesday that a ruling invalidating Obamacare's insurance subsidies in most of the country would have disastrous consequences. Premiums would skyrocket, millions of people would lose their coverage, and many states' individual insurance markets could descend into chaos, he said.

But Scalia wasn't sure it would be that bad.

"What about Congress? You really think Congress is just going to sit there while ­­all of these disastrous consequences ensue?" he asked Verrilli. "I mean, how often have we come out with a decision … [and] Congress adjusts—enacts a statute that ­­takes care of the problem? It happens all the time. Why is that not going to happen here?"

"This Congress, your honor?" Verrilli replied. "Of course, theoretically, they could."

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


TOPICS: News/Current Events
KEYWORDS: obamacare; scalia; scotus
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According to some accounts as soon as Justice Scalia said that the audience burst out laughing.
1 posted on 03/04/2015 2:53:41 PM PST by DoodleDawg
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2 posted on 03/04/2015 2:55:08 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: DoodleDawg
Solicitor General Donald Verrilli, arguing on behalf of the Obama administration, warned the Court during oral arguments in King v. Burwell on Wednesday that a ruling invalidating Obamacare's insurance subsidies in most of the country would have disastrous consequences. Premiums would skyrocket, millions of people would lose their coverage, and many states' individual insurance markets could descend into chaos, he said.

He just committed perjury in court and should be held in contempt and disbarred. What a crock of lies.

3 posted on 03/04/2015 2:57:06 PM PST by Fledermaus (The GOP is dead to me! McConnell and Boehner can drop dead!!)
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To: DoodleDawg

Justice Scalia must be living in the 80s. Congress isn’t good for anything.


4 posted on 03/04/2015 2:57:21 PM PST by Politicalkiddo ("In politics the middle way is none at all."- John Adams)
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To: DoodleDawg

“Fix it?”

It needs to be killed and buried with a stake driven through its heart.


5 posted on 03/04/2015 3:00:41 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: DoodleDawg

Who seriesly thinks that something deemed unconstitutional should be kept none-the-less because a lawyer says bad things will happen if SCOTUS declares it to be just that?

When has that ever been a criterion that made the justices “salute” in the past?

HF


6 posted on 03/04/2015 3:03:19 PM PST by holden
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To: DoodleDawg

Congress is content to create more problems that can enable them to either gain more goodies or cede more power to the executive branch.


7 posted on 03/04/2015 3:04:03 PM PST by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: DoodleDawg

We’re doomed, if he was serious.


8 posted on 03/04/2015 3:04:22 PM PST by BlessedBeGod (Democrats are Cruz'n for a Bruisin' in 2016!)
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To: holden

Agreed. Either a law is constitutional or it is unconstitutional. Unintended consequences can happen whether laws are upheld or overturned. A snarky remark about “THIS CONGRESS” doing anything legislatively to deal with Obamacare is worthy of Jon Stewart, not an attorney in front of the Supreme Court.


9 posted on 03/04/2015 3:09:07 PM PST by Dilbert San Diego
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To: DoodleDawg

Getting a bad feeling. Scalia and Thomas again versus the rest of SCOTUS.

Not that I have confidence in that senile old s.o.b. Hatch or any of his RINO colleagues. They should have had a plan prepared in advance.


10 posted on 03/04/2015 3:11:19 PM PST by ZULU (Je Suis Charlie. . GET IT OBAMA, OR DON'T YOU??)
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To: Politicalkiddo

Scalia’s point was simply that SCOTUS should not rewrite the statute to say what the administration wants it to.
He knows full well what a bunch of embiciles are in Congress.


11 posted on 03/04/2015 3:12:05 PM PST by Clump (I'd rather die with my boots on than live wearing a pair of knee pads.)
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To: Fledermaus
He just committed perjury in court and should be held in contempt and disbarred. What a crock of lies.

I don't believe either counsel is placed under oath.

12 posted on 03/04/2015 3:15:14 PM PST by DoodleDawg
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To: Clump
Scalia’s point was simply that SCOTUS should not rewrite the statute to say what the administration wants it to.

You mean like they did previously?

13 posted on 03/04/2015 3:16:11 PM PST by Michael.SF. (It takes a gun to feed a village (and an AK 47 to defend it).)
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To: holden
-- Who seriesly thinks that something deemed unconstitutional should be kept none-the-less because a lawyer says bad things will happen if SCOTUS declares it to be just that? --

SCOTUS, and Scalia in particular, did just exactly that in the Heller decision. An unconstitutional law that stands long enough becomes constitutional, just by dint of standing long enough.

Appellate Courts make the decision first, and find the logic (or illogic) later.

14 posted on 03/04/2015 3:17:03 PM PST by Cboldt
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To: BlessedBeGod
We’re doomed, if he was serious.

I hear ya. The idea that any rational person, much less a Supreme Court justice, could think that the Democrats would be willing to work with the Republicans or vice versa is pretty amazing.

15 posted on 03/04/2015 3:17:07 PM PST by DoodleDawg
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To: BenLurkin
It needs to be killed and buried with a stake driven through its heart.

Five votes and it's dead.

16 posted on 03/04/2015 3:17:51 PM PST by DoodleDawg
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To: Clump
Scalia’s point was simply that SCOTUS should not rewrite the statute to say what the administration wants it to.

That's not the impression I got if the transcript is close to accurate.

17 posted on 03/04/2015 3:19:10 PM PST by DoodleDawg
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To: DoodleDawg
"This Congress, your honor?" Verrilli replied. "Of course, theoretically, they could."

He meant ... THIS REPUBLICAN CONGRESS??? Not one of them voted for Obamacare!! How will they "FIX" it??

18 posted on 03/04/2015 3:19:34 PM PST by missnry (The truth will set you free ... and drive liberals crazy!)
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To: DoodleDawg

Under our Constitution, it is irrelevant whether or not Congress will “fix” whatever situation obtains after a SCOTUS ruling. Have they not sworn to defend the Constitution? Above all else? How Congress might respond is not really their concern, since we have a separation of powers here. Or do we?

What I find even more onerous and infuriating is this “concern” about how any decision that ended the subsidies would hurt the 6 million policy holders who are getting the subsidies. Huh???? What about the tax payers who are now getting hosed by being forced to essentially pay for their fellow citizens’ health insurance? Why are the justices NOT concerned about millions of tax payers? When did this become their responsibility? And, further, where is the federal government getting the funds to pay all these subsidies for the federal exchanges? Have those funds been specifically voted and allocated by Congress? I think not, since the ACA was rammed through by the Dems to offer subsidies ONLY via exchanges created by the states.

These SCOTUS justices need to get their heads out of you know where.


19 posted on 03/04/2015 3:21:01 PM PST by mtrott
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To: DoodleDawg

Oh, please...Con-gress did NOT write ObamaCare.


20 posted on 03/04/2015 3:23:48 PM PST by who knows what evil? (Yehovah saved more animals than people on the ark...www.siameserescue.com)
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