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Did Scalia Parrot Fox News During Health-Care Arguments?
The Daily Beast ^ | April 5, 2012 | Matthew DeLuca

Posted on 04/06/2012 2:01:41 PM PDT by IndePundit

Is Roger Ailes clerking for Supreme Court Justice Antonin Scalia?

One might be forgiven for thinking so following last week’s oral arguments on the health-care law before the nation’s highest court.

As has been pointed out elsewhere, some of Scalia’s questions from the bench made use of the tone and even the diction of the attacks on the Affordable Care Act frequently heard on Fox News and conservative talk-radio shows.

After Scalia picked up on the idea that a government empowered to have its citizens buy health insurance or face a penalty may also strong arm them into buy some other good, such as broccoli, Charles Fried, who served as solicitor general under President Ronald Reagan, told The Washington Post that the court was trumpeting “the most tendentious of the Tea Party arguments.”

“I even heard about broccoli,” Fried said. “The whole broccoli argument is beneath contempt. To hear it come from the bench was depressing.”

On the second day of arguments, Scalia did indeed invoke the humble crucifer.

“Why do you define the market that broadly?” Scalia asked Solicitor General Donald Verrilli. “Could you define the market? Everybody has to buy food sooner or later, so you define the market as food. Therefore everybody is in the market, therefore you can make people buy broccoli.”

(Excerpt) Read more at thedailybeast.com ...


TOPICS: Business/Economy; Education; Health/Medicine; History
KEYWORDS: davidrivkin; obamacare; scalia; scotus
Well now!
1 posted on 04/06/2012 2:01:50 PM PDT by IndePundit
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To: IndePundit

Imagine if Scalia said peas....


2 posted on 04/06/2012 2:03:42 PM PDT by Sacajaweau
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To: IndePundit

Who cares where he got it from? Scalia has enough intelligence in his pinky to write circles around anyone. He sure doesn’t need to get his talking points from FOX news.


3 posted on 04/06/2012 2:03:49 PM PDT by madison10
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To: IndePundit

He apparently parroted me and millions of other constitution loving Americans.

Now if only we could get them to toss out the interstate commerce clause.


4 posted on 04/06/2012 2:04:30 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: IndePundit

Great Right-Wing Conspiracy Alert!!!


5 posted on 04/06/2012 2:05:48 PM PDT by melsec (Once a Jolly Swagman camped by a Billabong....)
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To: IndePundit

Did Ubama parrot Karl Marx during his health care demagoguery?


6 posted on 04/06/2012 2:06:33 PM PDT by E. Pluribus Unum (Over half of U.S. murders are of black people, and 90% of them are committed by other black people.)
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To: IndePundit
These people in their liberal cocoon cannot conceive that the arguments used by Scalia were thought up by conservative and libertarian legal scholars and then reported widely in the conservative press. That Fox News and talk radio picked up on them is hardly surprising.

Actually, this is just a smarmy way of trying to belittle the arguments.

7 posted on 04/06/2012 2:19:26 PM PDT by BfloGuy (The final outcome of the credit expansion is general impoverishment.)
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To: E. Pluribus Unum

eyep


8 posted on 04/06/2012 2:20:45 PM PDT by Doogle (((USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated)))
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To: IndePundit

Sure, lay that drama out there, claw at every desperate inch— Obamabot.

The media has NO place questioning integrity.

They have a garden FULL of weeds and they should tend their own.

There the media goes again— tossing out judgement and opinion as if it is news.

Matthew, I think you look suspiciously like a little girl staring perv behind those shades, I have read such descriptions of pervs before.

Oh, and Bush, Beck nor the mister like broccoli but my dogs do.

I’ve never heard of broccoli being used as an example of something distasteful, EVER...nope.

It was an exclusive, breaking FOX news special. That SOME people don’t like broccoli.

P.S. don’t tell Michelle Obama some have an aversion to the green group, she is liable to hop her broom and torment somebody out of their dinner.


9 posted on 04/06/2012 2:23:22 PM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: IndePundit

Duh, you idiot DailyBeast, it’s only been in the public square two years now where people have been using the broccoli argument in place of Obama Care... Gawd, these people must live under rocks...


10 posted on 04/06/2012 2:24:23 PM PDT by dps.inspect (the system is rigged...)
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To: Sacajaweau
Or lima beans? Sacré Bléau!
11 posted on 04/06/2012 2:24:53 PM PDT by carriage_hill (I'd vote for a "orange juice can", before 0bummer&HisRegimeFromHell, gets another 4yrs. Can-> later.)
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To: dps.inspect

Those scum live in buckets of warm spit. You owe rocks an apology.


12 posted on 04/06/2012 2:26:32 PM PDT by carriage_hill (I'd vote for a "orange juice can", before 0bummer&HisRegimeFromHell, gets another 4yrs. Can-> later.)
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To: IndePundit

Scalia hardly needs Fox News to do ANYTHING for him whatsoever.


13 posted on 04/06/2012 2:28:44 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: IndePundit

The broccoli argument has been out there for years and the Liberal dopes still didn’t have an answer for it.


14 posted on 04/06/2012 2:36:27 PM PDT by Berlin_Freeper
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To: dps.inspect

Forgot the (;^), dps.


15 posted on 04/06/2012 2:36:37 PM PDT by carriage_hill (I'd vote for a "orange juice can", before 0bummer&HisRegimeFromHell, gets another 4yrs. Can-> later.)
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To: Berlin_Freeper

What’s worse is that they treat every asking of the question as if it’s the first time someone’s asked it. It’s hysterical.


16 posted on 04/06/2012 2:50:41 PM PDT by Personal Responsibility (Obama 2012: Dozens of MSNBC viewers can't be wrong!)
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To: IndePundit

I seem to recall the Obamists brow-beating and threatening major restaurant chains into changing their menus. To make them more healthy.

In fact, I seem to remember Obamists going after school kids and getting them kicked out of school over their bagged lunches.

Brocolli? Why not.


17 posted on 04/06/2012 2:52:17 PM PDT by marron
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To: IndePundit

The sad thing is, Democrats believe this junk.


18 posted on 04/06/2012 2:57:32 PM PDT by popdonnelly (Socialism isn't going to work this time, either.)
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To: IndePundit

The key question is ... were any of Scalia’s arguements contained in any of the briefs that were filed? If not, we can have one discussion; if so, then it doesn’t matter whether these arguements leaked over onto Fox News.


19 posted on 04/06/2012 3:13:36 PM PDT by Mack the knife
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To: IndePundit

Solicitor General Donald Verrilli knows Scalia’s political leanings and should have been prepared to respond intelligently. He failed. That’s the real story.


20 posted on 04/06/2012 3:16:38 PM PDT by JoeRed
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To: madison10
The broccoli argument was featured in Judge Vinson's early decision on ObamaCare. The point he was making is that if ObamaCare were to be held a valid exercise of Congressional authority under the Commerce Clause, no clear line between what is valid and what is not could be drawn for judicial review. In that event, the courts could not review, and would have to rubber stamp, any extension of Congressional authority under Article I, Section 8.

I think it's an entirely reasonable argument.

21 posted on 04/06/2012 3:21:36 PM PDT by DanMiller (Dan Miller)
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To: IndePundit
They already FORCE FARMERS to NOT GROW certain crops. They even pay big $$$ to the connected ones. The little ones they just rape, loot, and pillage, uh prosecute.

The Commie Coercion Claws need to be repealed!

22 posted on 04/06/2012 3:31:52 PM PDT by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: Irenic
>":she is liable to hop her broom and torment somebody out of their dinner."

Or send her flying monkeys to steal 4th graders lunches!

23 posted on 04/06/2012 3:38:12 PM PDT by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: IndePundit
I think it's safe to say that Justice Scalia "parrots" noone.

But that won't prevent mindless leftwing parrots from claiming it.

24 posted on 04/06/2012 3:56:52 PM PDT by the invisib1e hand (I think in about 5 - no, 4 - years I'll have had enough.)
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Click

25 posted on 04/06/2012 5:11:06 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93)
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To: IndePundit

If anything Fox parroted Scalia.


26 posted on 04/06/2012 5:19:40 PM PDT by jimfree (In Nov 2012 my 11 y/o granddaughter will have more relevant executive experience than Barack Obama)
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To: DanMiller
I think it's an entirely reasonable argument.

So FOX was the one "parroting" and Justice Scalia was referring to that argument. I think it's an entirely reasonable argument as well.

27 posted on 04/06/2012 6:04:02 PM PDT by madison10
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To: DanMiller
SHHHHHHHHH!! Stop injecting facts and context! You'll ruin it for them.

/sarcasm

28 posted on 04/06/2012 8:26:35 PM PDT by newzjunkey (Newt says, "A nominee that depresses turnout won't beat Barack Obama.")
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