Posted on 10/08/2010 2:31:57 PM PDT by jazusamo
A top Republican said Friday that he expects the U.S. Supreme Court to strike down key parts of the new healthcare reform law as unconstitutional.
Rep. Mike Pence (R-Ind.), the third-ranking House Republican, who serves as conference chairman, said he saw enough votes on the high court to strike a blow to President Obama's signature domestic initiative.
"It's going to the Supreme Court, and the Supreme Court's going to decide whether or not the Constitution of the United States permits the government to order the American people to purchase goods or services, whether they want them or need them or not," Pence said Friday on WLS radio in Indiana.
The Indiana lawmaker, and potential 2012 presidential candidate, has been among the crowd of Republicans to question whether a central part of Democrats' healthcare reform bill is constitutional. The crux of their argument is that the individual mandate — the section of the law requiring individuals to have health insurance of some sort — violates the Constitution.
A federal judge in Michigan dismissed a major case on Thursday challenging the healthcare law's constitutionality on that grounding, though other lawsuits are still being litigated in other federal districts. If courts in different areas of the country end up issuing different rulings, it could heighten the chances that the Supreme Court would take the case.
If it gets to that point, Pence said, he could envision five of the court's member voting to rule the bill unconstitutional.
"I rather like our chances when this thing gets to the U.S. Supreme Court," he said. "I think there could be a narrow majority on the court that recognizes that you cannot compel the American people to purchase health insurance just as a function of being an American citizen."
So there are Four Nazis on the Court?
Key parts? Strike down all of it! What I worry about is the Republicans trying to “improve” it rather than repeal the whole monstrosity.
That’s my take and two are new.
Would that not cause the whole bill to be void? How can we pick and choose parts?
If you pin your hopes on the court it means you are losing
I think they’re to chickenshit to do anything BUT try to modify it and add improvements.
I hear you but I doubt SCOTUS can strike down all of it, it’ll eventually have to be repealed.
“Pence: Odds are on Supreme Court striking down healthcare reform “
Mr Pence, please don’t bet your farm (and you damned-well better *NOT* bet *my* farm) on the Supremes —
Defund (at the very least) and Repeal!!
Do your job, Mr. Pence!!
I know how it works with contracts, but not legislation...
What a strange way to say that.. I do not like the “odds” wording. They do not have big brass ones. They have none. Do not pay for it.
” Severable vs nonseverable.
I know how it works with contracts, but not legislation... “
I may be mis-remembering, but I vaguely recall some discussion about how, in the rush to get Obamacare passed, the ‘severability clause’ (boilerplate) was inadvertently omitted....
They can’t strike down the whole thing, only parts of it. We really need to win this in Congress, not the courts.
Incorrect. There is no severability clause. If one part is struck down, the whole thing is in the trash can.
I like Pence, but this kind of thinking irritates me. It reminds me of congress passing McCain’s “campaign finance reform”, and Bush signing it, hoping that the Supreme Court would throw it out. No one had the guts to stand up and argue against it, so they hoped the Supremes would do their dirty work.
Which is why the Left see it as so necessary to fill the court with judges who don’t believe in the constitution. Because with this mentality both intellectually corrupt and cowardly at the same time, we wind up with judges who think they are kings because we have elevated them to kings.
I expect this next congress to throw out everything O has signed into law and I mean everything. If they don’t, we’ll have to have another round of Tea Party rebellions to turn another load of Repub incumbents out of office. Any Repub who doesn’t have the stomach for a fight needs to go home.
Absolutely, and the I believe most of the newly elected Republicans will be fighters for us. Let's hope it'll rub of on some of the reelected ones that aren't fighters.
Peer pressure can be a good thing.
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