ObamaCare Showdown: Recap of Today's Argument
Adam Freedman ·
March 29, 2012 at 12:38am
It's been an emotional roller coaster of a week, and today was no exception. This morning's argument on "severability" led to a euphoria-inducing LA Times report that the Supremes were poised to strike down all 2,700 pages of ObamaCare. That was tempered by some downer comments at ScotusBlog. And then later in the day came some aggressive questioning from the Chief Justice about the coercive nature of ObamaCare. According to eyewitnesses, even the Solicitor General got emotional. As ever, you can listen to the whole thing here . . . or click on the link below to hear my quick recap.
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Comments:
Feb '11
Re: ObamaCare Showdown: Recap of Today's Argument
I can't hear any of these embedded audio objects on the iPad, Am I doing something wrong, or are these not iPadable?
Edited on March 29, 2012 at 1:09amMar '12
Re: ObamaCare Showdown: Recap of Today's Argument
How important are oral arguments? Is the Court free to rule on grounds that are not present in the oral arguments (or the briefs)? How great an impact do oral arguments have on the Court's decisions?
The arguents might help us get a sense of what the Justices are thinking, but does it help them make up their minds? In this case, I'm skeptical. In other cases, probably more.
May '11
Re: ObamaCare Showdown: Recap of Today's Argument
I can't download the file on my desktop. (Or the one from yesterday.)
Apr '11
Re: ObamaCare Showdown: Recap of Today's Argument
I've not been commenting on these, as I don't have much to add, but I did want to say that I've been really enjoying them. Thank you.
Dec '11
Re: ObamaCare Showdown: Recap of Today's Argument
Adam, I concur with James, thanks so much for posting your summaries of the SCOTUS proceedings.
Re: ObamaCare Showdown: Recap of Today's Argument
JustinC: I can't hear any of these embedded audio objects on the iPad, Am I doing something wrong, or are these not iPadable? · 27 minutes ago
Edited 26 minutes ago
The player should be visible and work on your iPad. You might try closing all the tabs on your browser, quit it and restart it. If you still don't see the player, write us at support@ricochet.com and we'll troubleshoot it for you.
Nov '10
Re: ObamaCare Showdown: Recap of Today's Argument
JustinC: I can't hear any of these embedded audio objects on the iPad, Am I doing something wrong, or are these not iPadable? · 31 minutes ago
Edited 29 minutes ago
I have found that it's very easy to have your iPad on mute and not realize it. Open the app switcher and swipe to the right. See a mute icon?
Re: ObamaCare Showdown: Recap of Today's Argument
Because these are short recaps, they are meant to be played and listened to in your browser.
Dec '11
Re: ObamaCare Showdown: Recap of Today's Argument
Many of us are hesitant to comment on the oral arguments; we are holding our breath!
Feb '11
Re: ObamaCare Showdown: Recap of Today's Argument
Not JMR
JustinC: I can't hear any of these embedded audio objects on the iPad, Am I doing something wrong, or are these not iPadable? · 31 minutes ago
Edited 29 minutes ago
I have found that it's very easy to have your iPad on mute and not realize it. Open the app switcher and swipe to the right. See a mute icon? · 23 minutes ago
Thank you for the idea, I looked and tested with my pod catcher and the audio is working fine. The embedded audio works fine on many other devices. I emailed support, hopefully they will have a solution. Thanks again for your input.
Edited on March 29, 2012 at 2:52amDec '10
Re: ObamaCare Showdown: Recap of Today's Argument
Adam,
Ever have one of those days where everything just goes right.
If you didn't believe in a higher power at the beginning of the day you surely will by the end.
Regards,
Jim
Apr '11
Re: ObamaCare Showdown: Recap of Today's Argument
Adam,
Your accounts of the action have been splendid, like a great sportscaster. Thanks.
Sep '10
Re: ObamaCare Showdown: Recap of Today's Argument
My greatest fear is the court will evaluate the policy contained with Obamacare, and less on the legal questions generated by this awful law.
Re: ObamaCare Showdown: Recap of Today's Argument
James, db, Ken, etc, thanks for the good words! Justin, TerMend - odd, I can play the audio on my iPad but not on my pc!
Re: ObamaCare Showdown: Recap of Today's Argument
Richard, the liberal justices are talking policy not law, but Kennedy seems pretty focused on the constitutional issues. No guarantee that he'll rule our way, of course...
May '11
Re: ObamaCare Showdown: Recap of Today's Argument
Blue Yeti
Because these are short recaps, they are meant to be played and listened to in your browser. · 18 hours ago
Maybe I'm using the wrong terminology. When I click on the black bars that say "Download File," nothing plays. But Ricochet.com appears to reopen.
May '10
Re: ObamaCare Showdown: Recap of Today's Argument
I was wondering if there isn't some clever mechanism by which the Court can effectively kill the bill without actually killing it, thus accommodating Chief Justice Roberts' concerns about the image of the Court.
For example, how about a scenario where they explicitly strike down the mandate, and also zap the explicitly bundled elements of community rating and "must issue", then remand the entire matter back to the DC Circuit under Silberman.
They could suspend implementation of the remainder of the law, pending resolution of the severability issue by Silberman's court accumulating evidence about the impacts of the stricken portions on the entire law- including the states' Medicaid issue, coupled with a strong suggestion that Congress implement legislative fixes, either by replacing the entire law or by smaller fixes to the Bill itself.
That way the SCOTUS doesn't look like it is overreaching- only killing unconstitutional stuff, letting the system save anything that is "feasible". The effect is to paralyze the bad stuff and force Congress to take care of the problem; Congressional actions should be entertaining, and if we are smart, move to market solutions.
And it makes it a giant campaign issue for the Fall.
Re: ObamaCare Showdown: Recap of Today's Argument
Duane - very interesting suggestion. Certainly the discussion of severability emphasized the fact-intensive nature of the inquiry, which could be a basis to remand to the trial court. Two problems: (1) I got the sense that most of the conservative justices just felt strongly that it wasn't a proper inquiry for the judiciary at any level; thus, it's Congress's job to sort out the mess; (2) in this case, it wouldn't go back to Silberman, it would go back to Vinson, who is already on record saying that if the mandate falls the whole thing has to fall. Hard to see him changing his mind on that.
May '10
Re: ObamaCare Showdown: Recap of Today's Argument
But I wasn't seriously suggesting that they (try to) "solve" the problem there- just use it as a parking place in suspended animation to "encourage" Congress to do something to avoid the Sword of Damocles...