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Jeffrey Toobin, legal analyst for CNN, not long ago:

"This was a train wreck for the Obama administration. This law looks like it's going to be struck down. I'm telling you, all of the predictions, including mine, that the justices would not have a problem with this law, were wrong."

ObamaCare delenda est.

Comments:


ultra vires
Joined
Feb '11
ultra vires

Just finishing the audio and I agree with Toobin. The liberals were unshakable, but I feel like the other five couldn't accept a government of unlimited powers. I am looking forward to the severability arguments tomorrow.

Peter Robinson

This just in from my friend, the historian Walter Stahr:

"Dear Peter:  I see your post on Ricochet and after reading the transcript I agree:  the mandate is in serious trouble.  But there is still the question of what ELSE falls if the mandate falls; that is the severability issue that will be debated tomorrow."

Anybody--perhaps you, ultra vires--care to make any predictions about tomorrow?

DocJay
Joined
Jul '11
DocJay

We live in interesting times and I firmly believe this will be the legal decision of our lifetimes.

I am willing to bet the Kagan refusal to omit herself is not sitting well with some of her counterparts at all in addition to the fact that this is the legacy moment for Kennedy.

Roberto
Joined
Mar '11
Roberto

I feel I must not dare to hope, but you smother my natural cynicism to an irrational degree Mr. Robinson.

Pseudodionysius
Joined
Sep '10
Pseudodionysius

Summum ius summa inuria

-- Cicero

ParisParamus
Joined
May '10
ParisParamus

Should the mandate and/or all of Obamacare be struck down, how bad and moralizing is this for Obama?  Does it make him look pathetic, or does it garner sympathy with most of those in the middle?

ultra vires
Joined
Feb '11
ultra vires

Peter, my answer became a bit long-winded so I made it into a post that you can see here; if you are just interested in the conclusion:

"In my opinion the entire law will be struck down.  Congress took over a year and a half to pass this law; over 2,000 pages to write it; and they couldn't manage to fit an additional 40 words into the bill?"

Matthew Gilley
Joined
May '10
Matthew Gilley

I suppose Toobin just thought the Lopez case was some kind of practical joke.

James Gawron
Joined
Dec '10
James Gawron

Peter,

Love the photo.  From your post to Gd's eye.

Jim


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