[neverdem]

IIRC, it's now 3 Circuit Courts Yea and 3 Circuit Courts Nay.

[Tuketu]

Can we get SSI and Medicare rescinded as well on the same basis?

[InterceptPoint]

The Supremes should accept this case and then insist that Sotomayor recuse herself. If that happens and there is a 4-4 tie then then the lower court ruling stands.

How sweet that would be - Roberts, Alito, Thomas and Scalia sustain the ruling and we don’t have to worry about Kennedy.

Are you listening Justice Roberts?

[crz]

This is the 11th court. Not one of the lessor courts. This one is big..REAL big.

[SeekAndFind]

As I said in other FR threads... all these things happening in the lower courts are NOTHING.

Whoever wins or lose in this or that circuit court is going to fight it allthe way to the SCOTUS.

And there — ONE MAN will eventually be the deciding factor -— Justice Kennedy ( and it will all depend on which side of the bed he happens to wake up on ).

[adorno]

Obamacare, if it ruled constitutional, is a lose/lose proposition.

There is no way that the country could survive the impact of that program, and even if it takes 10 years, the end result is that, the country’s economy will continue shrinking because of the mandate, where the government would need to extract more from businesses and individual in order to meet the obligations of the law.

So, even if the ACLJ loses, and Obama wins, the country loses in the end, and Obamacare won’t be sustainable.

[Jacquerie]

Thanks for the links. It is good to know others have a clue as to what constitutes “necessary and proper.”

[neverdem]

Agent Terry’s Family Denied Crime Victim Status In Gun Walker Case (CIA operation?)

ATF's gun surveillance program showed early signs of failure

With ObamaCare, the Government Would Rather Spy than Try

Global Warming Link to Drowned Polar Bears Melts Under Searing Fed Probe

. Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.

[Salvation]

Cap the spending and cut the program.

[AmericanExceptionalist]

"The appeals court got it right and the decision represents a critical step forward in undoing ObamaCare," said Jay Sekulow, Chief Counsel of the ACLJ, which is involved in litigation challenging ObamaCare. "The individual mandate, which forces Americans to purchase health insurance, exceeds the authority of the Commerce Clause. We're delighted that the appeals court recognized that fact. While the appeals court did not declare the entire law unconstitutional, by striking the individual mandate, the entire law is clearly in jeopardy.

I would certainly not pretend to be a legal scholar; but it is my understanding that this law lacks the usual "severability clause," which would allow one or more portions of the law to be declared unconstitutional, while the rest is allowed to stand.

And if that is the case, the unconstitutionality of any portion of the law (if the SCOTUS concurs, when it eventually hears the case) would serve to nullify the entire law.

Does anyone else--preferably, someone with a legal background--have any further information on this?