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Keyword: scotusobamacareday

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  • Argument recap: It is Kennedy’s call

    03/27/2012 10:47:22 AM PDT · by bkopto · 13 replies
    SCOTUSBlog ^ | March 27, 2012 | Lyle Denniston
    If Justice Anthony M. Kennedy can locate a limiting principle in the federal government’s defense of the new individual health insurance mandate, or can think of one on his own, the mandate may well survive. If he does, he may take Chief Justice John G. Roberts, Jr., and a majority along with him. But if he does not, the mandate is gone. That is where Tuesday’s argument wound up — with Kennedy, after first displaying a very deep skepticism, leaving the impression that he might yet be the mandate’s savior. If the vote had been taken after Solicitor General Donald...
  • After Day Two: Justices Skeptical of ObamaCare Constitutionality

    03/27/2012 10:53:42 AM PDT · by Servant of the Cross · 20 replies ^ | 3/27/2012 | Katie Pavlich
    Day two of oral arguments at the Supreme Court have just finished. MSNBC has just reported the Justices were very skeptical when it came to the constitutionality of ObamaCare. The report also said that although the question of “If the government can mandate the purchase of health insurance, can’t it do anything?” is “extremely complicated,” the Justices were not convinced of the argument given by representation in the courtroom arguing the individual mandate isn’t an overreach of federal government power. More from Judge Andrew Napolitano on Fox News: "It appears that Justice Kennedy asked some of the most profound and...
  • Early Reports from Supreme Court - Kennedy Gets it

    03/27/2012 9:05:53 AM PDT · by Bill Buckner · 45 replies
    Kennedy apprears to be very critical of Mandate provision. LA times headline "Justices signal possible trouble ahead for health insurance mandate," they note: “Are there any limits,” asked Justice Anthony Kennedy... “If the government can do this, what else can it … do,” Scalia asked? Politico headline, "No Fifth Vote Yet to Uphold," ... "The conservatives all express skepticism, some significant. They doubt that there is any limiting principle.
  • Day Two: Is the Mandate Constitutional?

    03/27/2012 5:50:06 AM PDT · by Kaslin · 32 replies ^ | March 27, 2012 | Kate Hicks
    And now, for the main event. Today, the Court tackles the individual mandate, and whether Congress has taken a step too far by enacting it. The question is basic: Is the individual mandate constitutional? The consequences are heady. Whichever way the Court decides will have a critical effect on the scope of Congress’ power – and possibly, our freedom.What’s At Stake? The individual mandate – or, as the federal government will call it, the “minimum coverage provision” – has been under fire ever since the inception of the Patient Protection and Affordable Care Act, in 2009. The political Left argues...
  • Alito to Verrilli: Is it a tax or isn't it?

    03/26/2012 11:03:27 AM PDT · by Sub-Driver · 19 replies · 27+ views
    Justice Samuel Alito was back in his skeptical mode today, chiding the Obama administration for — in his view — trying to have it both ways on whether the individual mandate penalty is a tax. The same justice who shook his head at President Barack Obama during the 2010 State of the Union address, appearing to mouth the words “not true” when Obama criticized the Citizens United decision, gave Solicitor General Donald Verrilli a hard time Monday about the administration’s views on the mandate penalty: JUSTICE ALITO: General Verrilli, today you are arguing that the penalty is not a tax....
  • Making the Complex Understandable: Obamacare Arguments at Supreme Court

    03/26/2012 12:27:48 PM PDT · by Kaslin · 4 replies · 10+ views
    Rush ^ | March 26, 2012 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: Six hours of oral arguments before the US Supreme Court began today on Obamacare. It can be somewhat confusing if you do not have me to make the complex understandable. The first thing that happened today was basically an argument, a hearing on whether or not the court even has any say-so in this. This is at the court's request, and it's all about the fact of whether or not the mandate could be called a "tax." Now, the regime is in a precarious position on this no matter how the ruling goes down, and I just...
  • Is the Mandate a Tax? Supreme Court Takes On Obamacare

    03/26/2012 2:21:17 PM PDT · by Servant of the Cross · 14 replies · 11+ views ^ | 3/26/2012 | Kate Hicks
    The most important case to reach the Supreme Court, ostensibly since Roe v. Wade, began with the words, “There is no reason to think Congress exempted the penalty as a tax.” No acknowledgement of the case’s significance. No grandiose declaration of constitutionality. In essence, it was a thesis statement – and a boring one at that, by many accounts. But the ensuing hour and a half of argumentation provided a glimpse into both the controversial and technical aspects of the healthcare debate – starting with the question on whether or not the Court should even issue a decision on the...
  • HHS Secretary Kathleen Sebelius and Supreme Court Justice Sonia Sotomayor hanging out at Restaurant

    03/26/2012 7:48:32 PM PDT · by Nachum · 48 replies · 148+ views
    Fire Andrea Mitchell ^ | 3/26/12 | staff
    What an amazing coincidence. After the first day of the ObamaCARE hearings, and the night before the most important day in the hearings, Obama’s Health and Human Services Secretary Kathleen Sebelius and Obama appointed far left Supreme Court Justice Sonia Sotomayor happen to be dining for dinner at Nora Restaurant, at the same time of night. Of all the restaurants in the Washington DC area, I find quite fishy. Does Nora Restaurant serve fish? I don’t know if they were sitting together or not, but it still is just another amazing coincidence. Katie Harbath @katieharbath Sec Sibelius and Justice Sotomayor...
  • Obama Lawyer Laughed at In Supreme Court

    03/26/2012 11:44:58 AM PDT · by Sub-Driver · 95 replies · 100+ views
    Obama Lawyer Laughed at In Supreme Court On the first day of health care reform arguments before the Supreme Court, two justices needled a top Obama lawyer for simultaneously calling the fine that will be paid under the law for not purchasing insurance a “penalty” and a “tax.” The confusion arises because of the administration’s argument that the power to enforce the individual mandate is rooted in Congress’ taxing power — but that the mechanism itself is designed to be a penalty, not a revenue-generating policy. The narrow but important distinction created a communication challenge for the lawyer representing the...