In the High Court This Morning. Oh, Can This Be True?
From the Los Angeles Times, a dispatch:
Picking up where they left off Tuesday, the conservatives said they thought a decision striking down the law's controversial individual mandate to purchase health insurance means the whole statute should fall with it.
The court’s conservatives sounded as though they had determined for themselves that the 2,700-page measure must be declared unconstitutional.
"One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia.
Agreeing, Justice Anthony Kennedy said it would be an "extreme proposition" to allow the various insurance regulations to stand after the mandate was struck down.
Meanwhile, the court's liberal justices argued for restraint. Justice Ruth Bader Ginsburg said the court should do a "salvage job," not undertake a “wrecking operation." But she looked to be out-voted.
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. said they shared the view of Scalia and Kennedy that the law should stand or fall in total. Along with Justice Clarence Thomas, they would have a majority to strike down the entire statute as unconstitutional.
Hard to imagine that the L.A. Times would print a story purely to mess with my mind, but this sounds so good--so in excess of even my fondest hopes--that I can't help wondering how it could possibly be true.
Adam Freedman? Calm me.
ObamaCare delenda est.
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Mar '11
Re: In the High Court This Morning. Oh, Can This Be True?
I kind of assumed when you said Obama was going to destroy America you meant he was going on a weekend bender. But you mean literally... got it.
Re: In the High Court This Morning. Oh, Can This Be True?
Fredösphere: We conservatives've been here before.
I know this town, she's Babylon's whore.
I used to live in peace before I knew you.
Yeah I've seen your flag on the marble arch,
We never expected our victory march,
But Justice Kennedy's got us all singing Hallelujah.
Hallelujah Hallelujah
Hallelujah Hallelujah · 2 hours ago
Fredo, you are on a roll.
Re: In the High Court This Morning. Oh, Can This Be True?
On this, ParisParamus, we agree.
Jun '10
Re: In the High Court This Morning. Oh, Can This Be True?
I agree with Adam's suggestion that we remain calm. I've argued several cases on appeal (to state appellate courts, not the S. Ct.), and have found that questions asked by judges can be misleading. Based on the questions they asked in one case, I thought I'd won and lost 4-1.
Based on what I've heard the justices say, there's good reason for some optimism--but, to coin a cliche, don't count your chickens.
I hope we can get a quick, clear decision so that it can be properly teed up for the election.
Edited on March 28, 2012 at 10:48pmJun '10
Re: In the High Court This Morning. Oh, Can This Be True?
One more thought that might be relevant. Supreme Court justices read newspapers and they undoubtedly know how unpopular Obamacare is with the public and that the cost projections have now been shown to be completely bogus. Justices also look to history's judgment of them. Given that, were I Justice Kennedy, would I want to be the deciding vote in favor of a piece of legislation that has disaster written all over it? We shall see.
Jun '10
Re: In the High Court This Morning. Oh, Can This Be True?
Clement has hit everything out of the park. The coercion argument is much harder, but for 2 1/2 days he was outstanding. I think the good guys lose on the medicare coercion argument, win on unconstitutionality, and have a better than even money chance on severability.
Aug '10
Re: In the High Court This Morning. Oh, Can This Be True?
Remaining calm is not a problem for me. I am the type to worry when my team is leading 6-0 heading into the ninth inning. Still, it is hard not to be just a wee bit optimistic today.
Jun '11
Re: In the High Court This Morning. Oh, Can This Be True?
I beg to differ. Americans like a winner. A loss in the SCOTUS makes Obama look like a loser and makes him less likely to win.
Troy Senik, Ed.: Absolutely fascinating. Two thoughts:
1. If SCOTUS really does scrap the entire law, Obama will launch the biggest crusade against the federal judiciary since FDR, campaigning against them as another elite institution hellbent on obstructing the relief he is trying to bring to everyday Americans.
2. If the law is completely overturned, it likely also hurts Mitt Romney's presidential bid. A lot of conservatives who are otherwise less than anxious to reconcile themselves to a Romney nomination are willing to do so because they see it as the only way to get to a repeal of Obamacare. Take that out of play and their passions may cool further. That's not necessarily rational, but I suspect it will be the reaction in some quarters. · Mar 28 at 10:58am
Mar '12
Re: In the High Court This Morning. Oh, Can This Be True?
Didn't he already do that, when he openly criticized the Citizens United decision in front of SCOTUS at the State of the Union? How many Justices refused to attend the next one as a result of this blatant attack?