Breaking: Supreme Court Will Hear Obamacare Case
Mollie Hemingway, Ed. ·
Nov 14, 2011 at 7:48am
From the Wall Street Journal:
The court, in a short written order, agreed to hear a challenge brought by a group of Republican governors and attorneys general from 26 states, the National Federation of Independent Business and two individual plaintiffs.
The case raises several issues, but chief among them is this: Did Congress exceed its constitutional powers when it required most individuals to carry health insurance or pay a penalty?
The court is expected to hear oral arguments in March, with a decision expected by the end of June. That timeline means the court will rule on President Barack Obama's signature legislative achievement during the thick of the 2012 presidential campaign.
Pass the popcorn. This should be interesting.
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Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
This thing is like a roller coaster ride: simultaneously thrilling and terrifying. I have a secret dream the we'll wake up one morning to find that Justice Ginsburg has declared a high water mark for the tide of government. The dream can't survive the first cup of coffee or reality, but it's still there anyway.
Oct '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
While you're waiting for the corn to pop, here's a team sheet:
11-393 ) NAT. FED'N INDEP. BUSINESS V. SEBELIUS, SEC. OF H&HS, ET AL.
11-400 ) FLORIDA, ET AL. V. DEPT. OF H&HS, ET AL.
The petition ... in No. 11-393 is granted. The petition ... in No. 11-400 is granted limited to the issue of severability presented by Question 3 of the petition. The cases are consolidated and a total of 90 minutes is allotted for oral argument.
11-398 ) DEPT. OF H&HS, ET AL. V. FLORIDA, ET AL.
The petition... is granted. In addition to Question 1 presented by the petition, the parties are directed to brief and argue the following question: "Whether the suit brought by respondents to challenge the minimum coverage provision of the Patient Protection and Affordable Care Act is barred by the Anti-Injunction Act, 26 U.S.C. §7421(a)." A total of two hours is allotted for oral argument on Question 1. One hour is allotted for oral argument on the additional question.
11-400 ) FLORIDA, ET AL. V. DEPT. OF H&HS, ET AL.
The petition ... is granted limited to Question 1 presented by the petition.
Edited on Nov 14, 2011 at 8:09amRe: Breaking: Supreme Court Will Hear Obamacare Case
King Prawn, the Washington Examiner's Phillip Klein says there's reason for optimism:
Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
We all seem to assume that this will come down to a 5-4 decision and the way it goes will be determined largely by which socks Justice Kennedy wore to work that day. Such decisions, though they have a great amount of legal authority, never have an aura of moral authority. With such a question as this, a question that basically asks exactly how much individual autonomy was bequeathed to the collective via the social contract, it would be nice to have it answered by a clear majority. My greatest fear in this is not that the court will rule the wrong way; rather, my fear is that the court will not even ask the most important question.
Oct '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
We almost lost the entire 2nd Amendment not that long ago by a 5-4 near miss.
This, by the way, is one of the reasons why we lost our republican form of government and ended up with the present democratic oligarchy. The Supreme Court was never designed to have this much power over our lives. Article 3, Section 2 specifically makes the Supreme Court subordinate to the Congress. We shouldn't have to be ruled by the whim of the sock preferences of an unelected and unaccountable jurist.
Edited on Nov 14, 2011 at 9:15amMay '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
Paging Adam Freedman: what's the latest on whether Justice Kagan must recuse herself from this case? Also, if anyone has a direct line to Justices Scalia or Thomas, please remind them to eat their greens, lay off the fatty foods, and continue to exercise regularly.
Re: Breaking: Supreme Court Will Hear Obamacare Case
Nothing new on the recusal front, as far as I can see. The DOJ continues to stonewall the House of Reps (which set a Nov. 4 deadline on production of documents re: Kagan's involvement in Obamacare). Perhaps the House will sue for production of documents, but ultimately, I am not optimistic on this one. Unless they can find a real smoking gun document, the administration will have plenty of supposed "experts" in legal academia to say that Kagan need not recuse herself.
Jul '11
Re: Breaking: Supreme Court Will Hear Obamacare Case
I have a tremendous feeling this is a rigged horse race.
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Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
How so? As pessimistic as I am about all things I still have some hope in American individuals (Supreme Court Justices included) being very independent. But I could be projecting...
Jul '11
Re: Breaking: Supreme Court Will Hear Obamacare Case
We have seen this administration run roughshod over our constitution and in general behave as if laws do not apply to them. Two plus centuries of contract law overturned by Barry and his cronies while his DOJ is the most corrupt in history yet the news media gives it little attention.
Barry wants this bad, the issue was anticipated and planned for. There are contingencies in place designed to get around any unfavorable ruling.
Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
DocJay: We have seen this administration run roughshod over our constitution and in general behave as if laws do not apply to them. Two plus centuries of contract law overturned by Barry and his cronies while his DOJ is the most corrupt in history yet the news media gives it little attention.
Barry wants this bad, the issue was anticipated and planned for. There are contingencies in place designed to get around any unfavorable ruling. · Nov 14 at 4:04pm
If this turns out to be the reality what do you think would be the outcome? If the states sue, win, and then get stepped on then what? Will the people stand for it? Could Obama's brazenness wipe out all of progressivism's "accomplishments" from the last century?
Mar '11
Re: Breaking: Supreme Court Will Hear Obamacare Case
The King Prawn
How so? As pessimistic as I am about all things I still have some hope in American individuals (Supreme Court Justices included) being very independent. But I could be projecting... · Nov 14 at 3:34pm
As Richard Epstein likes to point out in the law talk podcasts, with the sole exception of Clarence Thomas, even the right leaning justices are slaves to Stare Decisis. Scalia included. If you can convince them that something like Wickard vs. Fillburn gives the government the power to do this, we could still lose. Epstein thinks the ruling could be something like 8-1 in favor of Obamacare. I'd like to think four out of our five have more fealty to the Constitution's actual words than that, but you never know.
Jul '11
Re: Breaking: Supreme Court Will Hear Obamacare Case
King Prawn ,"If this turns out to be the reality what do you think would be the outcome? If the states sue, win, and then get stepped on then what? Will the people stand for it? Could Obama's brazenness wipe out all of progressivism's "accomplishments" from the last century?"
Secession, Civil War, Rebellion, Civil Disobedience.....call it what you like but our government has has been pushing hard and a push back is coming. In reality, I feel only a conservative revolution can stop the collapse of our country but that revolution better be led by principled people who understand that government is the enemy and our road to hell paved with their good intentions and my taxes.
Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
Indeed.
Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
Nothing could be more important then this issue. Either the statist obsessed left is halted or a whole new area of power and control is made available to the people who gave us man made global warming and quota based affirmative action. The door to this catastrophy must be slammed shut and bolted cold solid. I can not believe Richard Epstein is right. I know that there is enough sanity left on the court to defeat this thing. Come November 2012 reinforcements will be on the way. Until then the Court will do it any way it has to. 5-4 or more doesn't matter as long as the mandate is given the death penalty.
Dec '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
We can only hope to read the following headline: U.S. Supreme Court is the Death Panel for Obamacare.
Mar '11
Re: Breaking: Supreme Court Will Hear Obamacare Case
James, I agree completely. I'll go you one further and say that if the court upholds this, then freedom is dead. Because this will cement to notion that the commerce clause IS the Constitution, and that as long as an economic justification is given, Congress has unlimited power. The whole idea that the Constitution is a restraining order against government power will be null and void.
Oct '10
Re: Breaking: Supreme Court Will Hear Obamacare Case
"If the Court takes down the entire (Affordable Care) Act, it would do Obama a great favor, which is why I'm predicting the Court will do just that."
Says Ann Althouse.
If it helps obama's reelection that OBAMACARE is abolished, will it also help dems retain the senate?