have no idea what you are saying here.. what is a period of unified government? return it as a political question? what’s that and to whom are they returning it?
several of them mentioned a few discrete amendments which are totally unrelated to obamacare, during the argument. I think Roberts and Ginsberg both did. Yes, Nino doesn’t want them slogging through the mess or worse yet, consigning it to their clerks to do. I just am not sure that his view will win the day.
HE means it was passed by one party ruling both Congress and WH.
SCOTUS has 2 choices:
a) Reject the entire bill and allow politics to settle what comes next.
b)Custom design a solution to the problem and install it as the law of the land. Then spend the rest of our lives running to the Supreme Court to decide every aspect of health care.
I’d rather be ruled by elected Democrats than unelected judges.
The Justices will take into account that as a political question, OBAMACARE was rammed through before 2010, when the Libs held by virtue of a single election, unified control of the government, which was repudiated at the ballot box in 2010.
As a legal concept, clearly this is a perversion of the Commerce Clause that the Court itself has allowed to mutate to this point. Sotomayor has given them an out, however unwillingly.
Sotomayor’s question about a ‘limiting principle’ should be (IMO) the new standard in these types of cases, and Obamacare has none.
When she asked that question, she inadvertently (I think) introduced the corollary to Marshall’s Right of Judicial Review.
At what point, (the forward going question should be) without explicitly detailing the limit on Congressional power to enact and enforce said statute...can we uphold it?
(Now clearly that is not what she said, but that is what the conservative argument should be going forward. Marbury is an abomination that makes the 9 Supreme, no?)
Sunshine and 76, but rain is supposed to be on the way-
Obama’s minions are running
From the legal issue so hot-
When it comes to health care
What is licit and what is not
They mimic the Clinton tactic
When they’re not looking great-
Talking up the Florida shooting
As the newest way to obfuscate
Hey, everyone-look over here-
Racism is their favorite tool-
Don’t give a thought to the Emperor
Without clothes, looking like a fool