My Prediction on Tomorrow’s Obamacare Ruling

National Review ^ | 06/27/2012 | Ed Whelan

[PUGACHEV]

How right you are. Everything depends on this. If Obamacare is upheld, there is no limit to federal authority, none whatsoever.

[The KG9 Kid]

"... I’m not aware of any reliable record of cases in which justices have read their dissents from the bench..."

Justice Souter read his dissent from the bench in DC vs. Heller back in 2008.

[lookout88]

I perdict the Supremes are gonna take a mulligan.

Smartest thing said by anyone. I predict they have been” talked” to. Probably Kennedy the most.

[Mike Darancette]

Imagine the whole healthcare travesty only works if we ignore the Constitution.

[OneWingedShark]

The problem in Kelo was CONNECTICUT. The “Takings Clause” in the Fifth Amendment applies to the Federal Government. Most of the states have a comparable clause in their own constitutions. Connecticut does not.

I disagree; the problem with Kelo was allowing imagination* of greater tax-revenue to be valid as the justification-of eminent domain and as qualifying for the "public use" portion of the 5th Amendment.

* Really "projection" but it must be emphasized that the numbers have no basis in reality as the land seized was never developed and therefore never generated any increased tax-revenue.

[Mike Darancette]

Oh, almost forgot, no matter what the decision Romney is not going to say anything at this time.

I can't imagine what he could say that could change the court decision before or after the fact. Let Obama simmer in his own juice.

[Defiant]

The takings clause applies to the states, too, since 1897.

[ding_dong_daddy_from_dumas]

Kennedy is not reliable. And Roberts, wish he was consistently conservative. If they don't get 5 SCOTUS votes for repeal, I don't see how they can get 60 senate votes for repeal.

Intrade: 69% probability of striking obamacare mandate

[freekitty]

True

[Notwithstanding]

You misunderstand the author. He was stating that he is not aware of stats on how many dissents are read each term by each justice. ;^)

[PJ-Comix]

Here is my prediction:

At exactly 10:00 AM, just as the country awaits the announcement of the Supreme Court ObamaCare decision, the Cable Guy falls into the middle of the vital satellite dish carrying tv, radio, and internet communications knocking them all out and leaving everybody in the dark as to the decision.

[muawiyah]

Two parts to 'takings" ~ (1) just compensation, and as you've noted that's been around for a good while, and (2) public purpose ~ and when kelo v. was announced by the Court only a handful of states hedged in what that meant, but a short time after kelo v. 42 states had hedged it in.

Still the same 'clause' ~ but now statutorily better defined.

The USSC didn't go any further than most states did at the time ~ and earlier urban renewal cases were certainly murky.

Like to note that when USPS or DOD decide they need land for buildings people fall over themselves trying to sell them all sorts of land. Rarely does either agency ever need to resort to eminent domain. During my many decades at USPS there was only one time it was used and that was due to a landlord who did not provide agreed upon maintenance ~ which is another lesson, namely, if you rent property to the US government they can go after you with eminent domain so make sure you crank your legal defense costs into the up front estimation on the rent!

[Huebolt]

By caving, it would seem that SCOTUS would abdicate ALL judicial review authority forever.

To allow an unconstitutional mandate to stand is to relegate themselves into a rubber-stamp bunch of dressed up fools.

[skinkinthegrass]

Tonight Levin said if the mandate is struck down, Obama will resort to executive orders to reconstitute what was struck down
Obama will by-pass whatever ruling they make that he does not agree with. I agree with what Mark Levin said.correct...i concur with that assessment; it's also a way president O'Bozo & Co. shall
show their utter contempt for the "rule of law" & the US Constitution/the Bill of Rights.
the Dictatorship of the Commutards; shall continue quietly, then openly (noisy) when
the Constitutionalists can't intervene.

[cynwoody]

The US Supreme Court to rule individual mandate unconstitutional before midnight ET 31 Dec 2012

70.0% CHANCE

Last prediction was: $7.00 / share

Today’s Change: -$0.50 (-6.7%)

[knarf]

"My thought it was to switch from the Bible to the Koran for the full oath. That way he can lie with immunity from his true faith."

Hmmm .. interesting.

Maybe flubbing it twice was God's staying hand on the serpent's tongue ?