McCollum: Supreme Court Will End Obamacare

Newsmax ^ | January 31, 2011 | David A. Patten

[RobinMasters]

The former Florida attorney general whose lawsuit laid the basis for a devastating ruling Monday calling the national healthcare law unconstitutional agreed with other conservative experts that the Supreme Court will ultimately strike it down.

“My gut tells me that the Court will declare the whole law unconstitutional, and Congress will have to start over,” former Florida Attorney General Bill McCollum told Newsmax.TV in an exclusive interview.

“They may in fact be starting over now. I’m sure that the Obama administration is going to look at this ruling and try to get something in the next two years, before their re-election effort of 2012, out of this Congress, some compromise.

“And my hope is the Republicans and those trying to repeal this law don’t give in too much to the Obama administration,” McCollum told Newsmax.TV. “Because I personally think that it will be held unconstitutional, and they can start from scratch. So they have all the leverage, and shouldn’t be giving anything up or away at this point.”

[scooby321]

11th circuit will hold this ruling up.

[Jim W N]

the Republicans and those trying to repeal this law don’t give in too much to the Obama administration,”

Question: How do you compromise with tyranny, unconstitutional federal power, and loss of individual freedom?

Answer: YOU DON'T.

[montanajoe]

My gut and brain says its up to Justice Kennedy. I can see him going either way in a 5-4 decision..most likely he will be concurring in part and dissenting in part leaving some parts of the bill intact and striking down others..

[eak3]

We’re going to start seeing the true faces of the Progressive once they see their might be a chance of them losing the very power they have grabbed in the last few years. I just dont see any scenario in which they just fade back into the woodwork and go away.

[Terry Mross]

You don’t. And I don’t. But we’re talking about the republican politicians here. Compromise is what they’re best at. Especially when they’re in the majority.

[Huaynero]

Intangible wear, tear and torment on individual citizens aside, the approximate cost of government resources dedicated to ObamaCare strikes me as Congressional malfeasance of the first order. Especially when polls indicated again and again that citizens didn’t want the darn thing.

[Jim W N]

The Marxists strategy: take us over the edge into unconstitutional oblivion and then tell the Right to "meet us halfway."

Our answer: we're not going halfway to Hell to meet you. Come back to the Constitution and let's see where we go from there.

[canuck_conservative]

leaving some parts of the bill intact and striking down others

But how can he pick and choose if the Dems forgot to include a "severability clause" in the Bill? Isn't it all-or-nothing now?

[DeaconRed]

I will never forget Nancy saying "We need to pass it so we can find out what's in it".
That one saying alone should be enough to repeal it.

[Reeses]

5-4 decision

If they don't see a problem the Supreme Court can ignore the case and let the lower court's sound legal reasoning stand. Shooting Obamacare down before it gets to the last defensive line works for me.

[Defend Liberty]

These States, which formed a Federation for the limited purposes enumerated in Article I Section 8,are asking one branch of the federal government (judiciary) to contemplate whether an act approved by the two other branches (legislative & executive), exceed the enumerated powers of Congress and encroaches on the reserved powers of the States and the People (10th Amendment) when it is clearly detailed in Art 1 Sec 8 and the 10th Amendment. All three branches of the federal government have been unified against The Constitution, the States, and the People for a very long time. Why are the States putting themselves at the mercy of the Court which has already shown itself to be contemptuous of the Constitution, and of the States’ and The Peoples’ reserved powers? Furthermore,SCOTUS is not the ultimate authority on the meaning of the Constitution!

Those points aside, the appellate judge's ruing is Unconstitutional as SCOTUS is to have original jurisdiction over cases involving states, Ambassadors, other Public Ministers and consuls. All other cases SCOTUS has appellate jurisdiction. In other words, the class action lawsuit by the states should have been heard only by SCOTUS and not the appellate court in Florida.

[bgill]

IF it fails, what a fantastic blow to The Won’s ego.

[Jacquerie]

Levin last night anticipated Obama’s intent to proceed with implementation. He said the plaintiffs should go back to court and request an injunction the moment Hussein ignores the ruling.

[montanajoe]

No he can and will in my judgment pick and choose because the SC is the final arbiter of questions of law..

[montanajoe]

The SC will take the case in my opinion. Don't forget the Florida AG, as any good appellate lawyer would do, shopped this case to a judge likely to side with him.
The Supremes wont turn this down they only need the 4 liberal votes to hear it like I say its a 5-4 decision and Kennedy is the key. I would not be surprised to see him go either way

[screaminsunshine]

Kagan will have to recuse we win. That bill is a dead duck.

[Ann Archy]

NEVER TRUST THE SUPREME COURT!!

[Ann Archy]

Kagan will NEVER recuse herself!! It’s one reason she’s there!!

[kevslisababy]

Absolutely, I know what it’s doing to me! And I think this nation has a lot bigger problems it should be dealing with. Urgently.