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Live Thread: SCOTUS hearings on Obamacare [Day 3 Arguments; Post 153+]
National Review ^ | 0/26/2012 | Avik Roy

Posted on 03/26/2012 8:11:01 AM PDT by BuckeyeTexan

Edited on 03/26/2012 10:25:10 AM PDT by Admin Moderator. [history]

I will be live-blogging the Supreme Court hearings on the Patient Protection and Affordable Care Act from March 26 to 28, beginning at 10 a.m. on Monday. I invite readers and NRO contributors to chip in with their observations. I will also incorporate Twitter feeds from various people from the health-care and legal worlds who are covering the case.

This is my first time running a live-blog, so my apologies if there are beginners’ technical glitches. See you in this space on Monday!

Audio:
http://www.supremecourt.gov/media/audio/mp3files/11-398-Monday.mp3

Transcript:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Monday.pdf

Windows Media:
http://www.supremecourt.gov/media/audio/wmafiles/11-398-Monday.wma

Real Audio:
http://www.supremecourt.gov/media/audio/realplayerfiles/11-398-Monday.ra


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: bhohealthcare; commerceclause; lawsuit; livescotusobamacare; necessaryproper; obamacare; oralarguements; oralargurments; scotus; scotusobamacare
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To: GregNH
"And our congressional leaders should be beating that drum."

They have been beating the drum that they would defund Obamacare to stop it cold, but they have renegged and flinched because they're more afraid of what could happen if the President shut the government down and blamed them for it like Clinton did.

They're more afraid of that than they are of the electorate!!!

41 posted on 03/26/2012 9:28:56 AM PDT by SierraWasp (I'm done being disappointed by "He/She is the only one who can win" and being embarrassed later!!!)
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To: Unrepentant VN Vet; All

Obamacare taxes are ALREADY being paid, like the 10% Medical Devices Tax.

The question is the MANDATE


42 posted on 03/26/2012 9:29:54 AM PDT by tcrlaf (Election 2012: THE RAPTURE OF THE DEMOCRATS)
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To: SeaHawkFan

No, because her mindset is the same - if not worse - than those leftists already on the court who are going to make the same call. What’s right in their own minds isn’t remotely the same as what you or I would think: they are Leftist Ideologues.


43 posted on 03/26/2012 9:31:11 AM PDT by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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To: All

Rick Santorum is stumping now in front of the mics at the Supreme Court. Drawing the thick line between himself and Mittins. Nothing new here, but at least he didn’t miss this opportunity.


44 posted on 03/26/2012 9:36:11 AM PDT by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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To: GregNH
"And our congressional leaders should be beating that drum."

They have been beating the drum that they would defund Obamacare to stop it cold, but they have renegged and flinched because they're more afraid of what could happen if the President shut the government down and blamed them for it like Clinton did.

They're more afraid of that than they are of the electorate!!!

45 posted on 03/26/2012 9:37:44 AM PDT by SierraWasp (I'm done being disappointed by "He/She is the only one who can win" and being embarrassed later!!!)
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To: RitaOK
Pelosi's words still ring in my ears..."pay up or go to jail"

Reflecting back on socialized healthcare..it began with Hillary Clinton. It was her dream to implement it into our country. Some parts of it may be ruled unconstitutional while other parts may remain. I will be back and read more on the link later..wonder how long it will take before the SCOTUS make a decision? and thanks for the ping dear Rita:)

46 posted on 03/26/2012 9:38:01 AM PDT by katiedidit1 ("This is one race of people for whom psychoanalysis is of no use whatsoever." the Irish)
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To: BuckeyeTexan

Excellent post BT! another reason I enjoy Free Republic! the most informed site on the internet.


47 posted on 03/26/2012 9:41:29 AM PDT by katiedidit1 ("This is one race of people for whom psychoanalysis is of no use whatsoever." the Irish)
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To: katiedidit1

The SC has blocked off days to go through the arguements is my understanding.

See you on the thread later. Lets try to fast today.


48 posted on 03/26/2012 9:45:17 AM PDT by RitaOK (LET 'ER RIP, NEWT. Newt knows where all the bodies are buried, because he buried them.)
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To: RitaOK

That’s simply untrue. The Left argued that Thomas should recuse himself, based solely on his wife’s professional connections. It’s complete nonsense, of course.


49 posted on 03/26/2012 9:50:39 AM PDT by EternalVigilance (In self-evident truth, in timeless principle, in the people themselves, lie our republic's only hope)
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To: katiedidit1

The words of Pelosi that ring in my ear ...

“Are you serious?! Are you serious?!”

(In response to a reporter’s question about whether or not Congress had the authority to require individuals to purchase health insurance.)


50 posted on 03/26/2012 9:52:34 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: tcrlaf
Obamacare taxes are ALREADY being paid, like the 10% Medical Devices Tax. The question is the MANDATE

Actually, the question for today is the penalty, not the mandate. No one's arguing that Congress doesn't have the authority to levy a medical devices tax -- it's whether or not the mandate's penalty qualifies as a tax that is today's subject.

If the answer to that is "yes", then the rest of the argument becomes moot, because the USSC will punt until 2014.

51 posted on 03/26/2012 9:58:11 AM PDT by kevkrom (Note to self: proofread, then post. It's better that way.)
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Audio NOW at http://www.c-span.org/Live-Video/C-SPAN3/


52 posted on 03/26/2012 10:01:20 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: RitaOK

As I understand it (I’m not a lawyer)

Day 1 (today): Jurisdiction of the Court to rule on the case... at least the ‘tax’ portion. Arguments about applicability of the Anti-Injunction Law to Obamacare. Arguments about whether the failure to buy insurance (as required by the Individual Mandate) constitutes a tax or a penalty. (Duh, it’s a penalty). If they rule it’s a tax, then arguments on this cannot be done until 2015 or later. SCOTUS hired their own guy to investigate this.... they are taking it seriously.

Day 2: Individual Mandate arguments.
Day 3: Severability issues.

Today’s Oral args. up on CSpan now.


53 posted on 03/26/2012 10:03:46 AM PDT by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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The SCOTUS has released the audio and TRANSCIPTS!

http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Monday


54 posted on 03/26/2012 10:07:12 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

Thanks for starting this thread. Very important issue to follow carefully.

Thanks again!

BTTT.


55 posted on 03/26/2012 10:13:59 AM PDT by hummingbird
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To: BuckeyeTexan
Direct from SCOTUS website:

MP3 Audio File
Windows Media File
Real Audio File
Adobe PDF of Transcript

56 posted on 03/26/2012 10:14:55 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan; EternalVigilance

Amen and Amen.


57 posted on 03/26/2012 10:27:42 AM PDT by hummingbird
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To: alancarp; katiedidit1

katie, see #53.


58 posted on 03/26/2012 10:28:48 AM PDT by RitaOK (LET 'ER RIP, NEWT. Newt knows where all the bodies are buried, because he buried them.)
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To: BuckeyeTexan
"Are you serious? Are you serious?"

Yes, Nancy, we are very series!!

59 posted on 03/26/2012 10:31:16 AM PDT by JPG (Hold on tight; rough road ahead.)
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To: sand lake bar
So, if Congress passed a bill stating that Tea Party members would be rounded up and put in camps in 2014, and the camps were being built in the meantime, the USSC couldn’t rule on that bill’s constitutionality?

No. There is a special rule for tax cases: a statute says that no federal court has jurisdiction to enjoin a tax law. (Taxes can be challenged in court in other ways, but often only after the tax has been paid.) The issue for today's arguments is whether the individual mandate is a "tax," in which case its constitutionality can't be decided until 2014, or a "regulation," in which case its constitutionality can be decided now.

60 posted on 03/26/2012 10:38:35 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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