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Keyword: scotus

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  • The Out-of-Touch Liberal Provincials (Rush Limbaugh)

    03/30/2012 12:41:33 PM PDT · by Kaslin · 14 replies
    Rush Limbaugh.com ^ | March 30, 2012 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: Let's go to the audio sound bites, because they're quite illustrative. Nina Totenberg, who is the Supreme Court reporter for National Public Radio, and she's another one of 'em. All the smart people, all of the big kids in the clique, all of the super-educated members of this clique and they never talk to anybody outside it. Like Chris Matthews on his show last night actually said the idea that this thing may be unconstitutional never occurred to him. Never occurred, meaning, he once for a fleeting moment considered that it was unconstitutional. Pelosi the same way....
  • Dems fume over Justice Scalia’s comments during healthcare case

    03/30/2012 11:27:32 AM PDT · by BradtotheBone · 55 replies
    The Hill ^ | 03/30/12 05:15 AM ET | Alexander Bolton
    Democrats are fuming over Justice Antonin Scalia’s conduct during this week’s Supreme Court deliberations on President Obama’s healthcare law. While several of the high court’s liberal justices seemed to cheerlead for its defense, Scalia appeared hostile to the law, an attitude that rubbed some Democrats the wrong way. Scalia mocked the so-called “Cornhusker Kickback” without seeming to know that provision was stripped out of the law two years ago. Scalia also joked that the task of having to review the complex bill violated the Eighth Amendment’s ban on cruel and unusual punishment. “You really want us to go through these...
  • Elena Kagan: How Can Giving a Boatload of Money to Poor People be Unconstitutional?

    03/30/2012 12:08:33 PM PDT · by Kaslin · 117 replies
    Rush Limbaugh.com ^ | March 30, 2012 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: I have the Elena Kagan sound bite. I know that I have total, 100% credibility with you. When I tell you something, you know it's true. But I want you to hear it. This was Wednesday at the Supreme Court during the third day of oral arguments on the constitutionality of the health care reform law. This is the most junior justice, Elena Kagan, a former solicitor general for Obama, who openly cheered the passage of Obamacare when it went through the House. And she then worked on its defense at the Supreme Court. She should have...
  • If Supreme Court tosses mandate, Malloy may pick it up

    03/30/2012 10:51:39 AM PDT · by matt04 · 16 replies
    If the Supreme Court rules the federal health care bill's mandate unconstitutional, the Malloy administration may try to implement it in the state. The Affordable Care Act will require most Americans, beginning in 2014, to obtain health insurance coverage or be subject to a fine. But after three days of Supreme Court arguments on the Affordable Care Act this week, governors like Dannel Malloy are considering what they will do if the high court declares the individual mandate -- or the entire act -- unconstitutional. Jeannette DeJesús, the governor's special adviser on health reform, said Thursday that Connecticut may implement...
  • SCOTUS/Obamacare: Wednesday's Transcripts

    03/30/2012 10:34:47 AM PDT · by To-Whose-Benefit? · 3 replies
    SCOTUS ^ | March 29, 2012 | SCOTUS
    Wednesday's transcripts from the Supreme Court in print and audio format courtesy of FierceHealthcare.
  • CHRIS MATTHEWS; I’m pretty surprised to learn that the mandate might be unconstitutional

    03/29/2012 6:09:43 PM PDT · by QT3.14 · 79 replies
    Hot Air ^ | March 29, 2012 | Allahpundit
    ...The problem for the left is that they do not have a lot of interaction with conservatives, whose intellects are often disparaged, ideas are openly mocked, and intentions regularly questioned. Conservative ideas rarely make it onto the pages of most middle- and high-brow publications of news and opinion the left frequents. So, liberals regularly find themselves surprised when their ideas face pushback.
  • The ObamaCare Free Lunch

    03/29/2012 5:59:26 PM PDT · by agee · 41 replies
    Supreme Court – 03.28.12 An exchange between Justice Kagan and Lead Plaintiff Attorney Clement… Clement had barely finished his first sentence when Kagan immediately asked him why it was coercive for the federal government to give billions of dollars in additional aid to the states. “There are no matching funds requirements, there are no extraneous conditions attached to it, it’s just a boatload of federal money for you to take and spend on poor people’s healthcare,” she declared. “It doesn’t sound coercive to me, I have to tell you.” To that, Clement said the government’s money was still coercive because...
  • Obamacare and the Living, Breathing Constitution

    03/29/2012 4:25:09 PM PDT · by Oldeconomybuyer · 9 replies
    The Atlantic ^ | March 28, 2012 | by CONOR FRIEDERSDORF
    Wrote President Obama in The Audacity of Hope, "I have to side with Justice Breyer's view of the Constitution -- that it is not a static but rather a living document, and must be read in the context of an ever-changing world." My instinct is to disagree. Applying the Constitution "in the context of an ever-changing world," it shouldn't escape the justices that the executive branch has lately asserted sweeping powers -- the prerogative to wage war without Congressional approval, to secretly spy on Americans without a warrant, to engage in extrajudicial assassinations carried out by remote-controlled flying machines. James...
  • Obamacare, Common Sense, and the Law

    03/29/2012 4:06:59 PM PDT · by Oldeconomybuyer · 11 replies
    The Atlantic ^ | March 29, 2012 | by Clive Crook
    The best reason to rule Obamacare constitutional--the one that makes the answer seem obvious--is a matter of common sense. But that's a case counsel isn't allowed to make. The common-sense case goes like this. Contrary to what Justice Kennedy said this week, no important principle is at stake in this decision. For all practical purposes, the economic power of the federal government is no longer constitutionally constrained. Am I forgetting the Broccoli Question? If the government can force you to buy health insurance, what can't it force you to buy? The common-sense answer to this, as we've just seen, is...
  • Democrats fear health reform failure

    03/29/2012 3:19:44 PM PDT · by Oldeconomybuyer · 15 replies
    The Financial Times ^ | March 29, 2012 | By James Politi
    When Barack Obama signed the Affordable Care Act into law two years ago, the long-held dream of the American left to move towards some form of universal healthcare coverage became reality. But the hearings this week on the constitutionality of its key provision – the requirement for individuals to purchase coverage or pay a penalty – have led many Democrats to fear they are in for a crushing disappointment. The Supreme Court will not rule on the validity of the law until June. But the oral arguments exposed a willingness by some justices on the court to consider striking down...
  • Liberals Face Rude Awakening As Obamacare Case Forces Them To Acknowledge Conservative Arguments

    03/29/2012 2:33:30 PM PDT · by RatherBiased.com · 20 replies
    CNSNews.com ^ | Matthew Sheffield
    After three days of oral arguments at the Supreme Court on Obamcare, liberals seem genuinely stunned that Obamacare has a good chance of going down in flames. They never saw it coming. Consider this exchange between CNN legal analyst Jeffrey Toobin and anchor Wolf Blitzer on the first day of the argument which focused on the individual mandate, provision of Obamacare which forces all Americans to purchase medical insurance or procure it via their employers: TOOBIN: This was a train wreck for the Obama administration. This law looks like it's gonna be struck down. Justice Kennedy, the swing vote, was...
  • Dems Warn Of ‘Grave Damage’ To SCOTUS If ‘Obamacare’ Is Struck Down

    03/29/2012 1:50:01 PM PDT · by Sybeck1 · 260 replies
    TPM ^ | 3/28/2012 | sahil kapul
    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...
  • Video: Why the White House should be afraid, very afraid, over the ObamaCare arguments this week

    03/29/2012 10:15:53 AM PDT · by SeekAndFind · 32 replies
    Hotair ^ | 03/29/2012 | Ed Morrissey
    Reason's Damon Root attended the final day of the ObamaCare oral arguments at the Supreme Court yesterday and has extensively analyzed the proceedings from earlier in the week as well, and concludes that the White House underestimated the difficulty of its task. While the Left has focused most of its blame on the performance of Solicitor General Donald Verilli, Root says that the problems stem from the arguments that the Obama administration made about the PPACA, and how quickly the justices poked significant holes in them: "If I was in the Obama administration, I would not be comfortable with how...
  • Kagan: ‘It’s Just A Boatload Of Federal Money,’ ‘It Doesn’t Sound Coercive To Me’

    03/29/2012 10:05:34 AM PDT · by CNSNews.com · 53 replies
    CNSNews.com ^ | March 28, 2012 | Gregory Gwyn-Williams Jr.
    Video in Story... Supreme Court Justice Elena Kagan defended the expansion of Medicaid under Obamacare today by arguing that "It's just a boatload of federal money for you to take and spend" and concluding "It doesn't sound coercive to me." Kagan made her comments at today's Supreme Court hearing while questioning attorney Paul D. Clement who was presenting an oral argument on behalf of 26 states seeking to have the federal health care law declared unconstitutional: Mr. Clement: "Mr. Chief Justice and may it please the court. The constitutionality of the act’s massive expansion of Medicaid depends on the answer...
  • Justice Breyer's unhinged Commerce Clause ramblings

    03/29/2012 10:12:12 AM PDT · by SeekAndFind · 20 replies
    Washington Examiner ^ | 03/29/2012 | by Conn Carroll
    I was listening to the tape-delayed Obamacare oral arguments in the car Tuesday when I first heard Justice Breyer's Commerce Clause diatribe, and I meant to post something when I got home. But after making dinner and putting the kids to bed, I forgot.Until today, that is, when I read Jeffrey Anderson's account of "Breyer's Missteps." I think Jeffrey is far too generous to Breyer. Here is a fuller transcript of Breyer's outburst: I look back into history, and I think if we look back into history we see sometimes Congress can create commerce out of nothing. That's the...
  • Kagan Sits in Judgment of Obamacare—Despite Cheering Its Passage and Assigning Lawyer to Defend It

    03/28/2012 4:06:09 PM PDT · by yoe · 54 replies
    CNSNews ^ | March 26, 2012 | Terence P. Jeffrey
    When the Supreme Court on Monday began hearing oral arguments in the cases challenging the constitutionality of the Patient Protection and Affordable Care Act—AKA “Obamacare”—Supreme Court Justice Elena Kagan showed up to hear the arguments and gave no indication she would recuse herself from judging the cases even though she had cheered enactment of Obamacare as an Obama political appointee and had personally assigned her top deputy in the Obama Justice Department to defend the law in federal court. A federal law, 28 USC 455, says a Supreme Court justice must recuse from “any proceeding in which his impartiality might...
  • Obamacare Arguments Lean Against Severability (How the Justices are leaning)

    03/29/2012 6:36:16 AM PDT · by SeekAndFind · 35 replies
    National Review ^ | 03/29/2012 | Carrie Severino
    After yesterday’s heartening arguments, today’s arguments carry even more importance, because it seems likely the Court will actually reach the severability question. If there are political consequences for the Court’s decision on the mandate argued yesterday, there could be even more consequences to today’s arguments. If the law is struck down in its entirety, expect the president to dust off his 2010 State of the Union talking points, which charge the Court with what he calls “judicial activism,” but in reality seem to criticize any court decision that finds a law of his unconstitutional. The justices on both sides seemed...
  • Predictions from Obamacare's Week in Court: Goodbye, Mandate?

    03/29/2012 5:24:59 AM PDT · by Servant of the Cross · 4 replies
    Townhall.com ^ | 3/29/2012 | Kate Hicks
    After a three-day marathon of oral arguments, during which the Supreme Court considered various facets of the Patient Protection and Affordable Care Act, final impressions everywhere are mixed. Liberal supporters of the law have melted into hysterics on live television over the “train wreck” that was Solicitor General Donald Verrilli’s defense. Smeared in red atop the Huffington Post were, “Obamacare on the Brink” and “Disaster.” James Carville now claims that Democrats will “win” if the Court overturns the mandate. Conservatives, meanwhile, are practically dancing in the street at the prospect of an unconstitutional ruling, which once seemed a remote possibility....
  • The Legal Wunderkind Challenging The Health Law

    03/28/2012 3:51:21 PM PDT · by Clintonfatigued · 17 replies
    National Pulblic Radio ^ | March 23, 2012 | Nina Totenberg
    Paul Clement is, quite simply, a walking superlative. A wunderkind who at age 34 became deputy solicitor general and then was promoted to the top spot, solicitor general of the United States, becoming the youngest person to hold that post in more than a century. Now 45, he has argued an astonishing 57 cases before the Supreme Court, more than any other lawyer since 2000. And next week, he will lead the challenge to the Obama health care overhaul, in the Supreme Court. Like Donald Verrilli, the man he will be arguing against, Clement has won admiration and respect across...
  • The ObamaCare Argument – The Third and Final Day

    03/28/2012 3:45:25 PM PDT · by jazusamo · 21 replies
    PJ Media ^ | March 28, 2012 | Hans A. von Spakovsky
    The surest sign your lawyer hasn't done a good job is when you issue a statement defending his performance.Solicitor General Donald Verrilli’s performance before the court has been widely panned as “weak and ineffectual.” Even liberal commentator Jeffrey Toobin called Verrilli’s arguments “a train wreck for the Obama administration.” But to judge the full measure of just how badly the government did in the last three days, all you have do is read the Administration’s statement to the press. In it, White House Counsel Kathryn Reummler claims that Verrilli “ably and skillfully represented the United States before the Supreme Court.”...