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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: BuckeyeTexan

Justice Alito to General Verrilli:

“General Verrilli, today you are arguing that the penalty is not a tax. Tomorrow you are going to be back and you will be arguing that the penalty is a tax.
Has the Court ever held that something that is a tax for purposes of the taxing power under the Constitution is not a tax under the Anti-Injunction Act?”


81 posted on 03/26/2012 11:22:13 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

A very funny exchange at about 41:44

JUSTICE GINSBURG: So — so you — you agree that we would not — if we agree with you about the correct interpretation of the statute, we need not decide the jurisdiction.
GENERAL VERRILLI: There would be no reason to decide the jurisdictional issue.
JUSTICE KENNEDY: Don’t you want to know the answer?
(Laughter.)
GENERAL VERRILLI: Justice Kennedy, I think we all want to know the answer to a lot of things in this case.


82 posted on 03/26/2012 11:29:51 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

A very funny exchange at about 41:44

JUSTICE GINSBURG: So — so you — you agree that we would not — if we agree with you about the correct interpretation of the statute, we need not decide the jurisdiction.
GENERAL VERRILLI: There would be no reason to decide the jurisdictional issue.
JUSTICE KENNEDY: Don’t you want to know the answer?
(Laughter.)
GENERAL VERRILLI: Justice Kennedy, I think we all want to know the answer to a lot of things in this case.


83 posted on 03/26/2012 11:29:59 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

Hmmm.. This thread should get top billing in ‘Breaking’ and stay there.


84 posted on 03/26/2012 11:31:58 AM PDT by FedsRStealingOurCountryFromUs
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To: BuckeyeTexan

Yeah, real funny. Lady Liberty is choking on her own vomit, and SCOTUS is standing around yucking it up.


85 posted on 03/26/2012 11:39:18 AM PDT by SpaceBar
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To: tcrlaf

What’s WORSE is that the conservative Justices don’t want Kagan to recuse either!


86 posted on 03/26/2012 11:50:23 AM PDT by FedsRStealingOurCountryFromUs
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To: Glenn

Isn’t there a compelling need to address the Constitutionality of 0bamacare IMMEDIATELY due to it’s wide sweeping economic impact, especially if it were to be implemented then deemed unconstitutional? The level of economic devastation and industry restructuring has severe consequences for America; EVERY business and EVERY citizen in the United States.


87 posted on 03/26/2012 12:16:29 PM PDT by FedsRStealingOurCountryFromUs
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To: RitaOK; onyx; caww; Gator113; Marguerite
""Two years ago Barack Obama signed into law the most dangerous legislation in generations. Obamacare will ultimately lead to a government takeover of healthcare. It empowers bureaucrats at the expense of patients. It regulates doctors and the practice of medicine more than ever before. It taxes businesses and penalizes citizens for not complying with federal fiat. It cuts Medicare by half a trillion dollars, threatening seniors' access to care. It raises taxes by $500 billion. And it's a new entitlement that will cost untold trillions in the future. "

Statement by Newt Gingrich

88 posted on 03/26/2012 12:18:50 PM 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
Justice Alito to General Verrilli:

“General Verrilli, today you are arguing that the penalty is not a tax. Tomorrow you are going to be back and you will be arguing that the penalty is a tax. Has the Court ever held that something that is a tax for purposes of the taxing power under the Constitution is not a tax under the Anti-Injunction Act?”

Its easy to see which one is Foghorn and which one is Dawg ...

89 posted on 03/26/2012 12:32:06 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: BuckeyeTexan

Dictator Baby-Doc Barack has ALWAYS ignored The US Constitution, ESPECIALLY with Obama”care.”

The cancer of Obama”care” now has invaded World Finances as Obama last week choose a “Public health expert” for the World Bank Presidency.

Romney has promised to “Repeal and REPLACE” Obama”care.”

Senator (R Tn) Son-of-a-Mitch McConnell has promised to “Repeal and REPLACE” Obama”care.”
_______

The major problem with THE NINE SUPREMES is that they are chosen for political reasons by the POTUS, and then they vote as an un-accountable democracy, for a Nation that is NOT a Democracy, but a REPUBLIC.

As a result, THE NINE SUPREMES commonly vote 5 to 4 on most issues. Constitutionality is seldom a consideration, and their up-coming ruling on Obama”care” will prove my point.

Now is the time to stand and deliver to address our grievances to the dictates of the Left.

Oppose the dictates of Dictator Baby-Doc Barack!

Our ONLY chance to ABOLISH Obama”care” rests with THE NINE SUPREMES, because Romney will be defeated by Obama.

IMHO, if Romney is anointed as the RNC Nominee, THE main issue in the National Election, Obama”care,” will be taken off the campaign table. Hence, Romney will not only lose, but suffer another crushing, and sadly typical, RINO defeat.

To those who want poster ideas, here are a few ideas for demonstration posters:

Obama”care” was robo-signed by Congress, and is therefore illegal.

Obama”care” was 2700 pages long, and is still being written, but not by Congress: witness the forced contraception coverage recently added by HHS Regulators.

Obama”care” has caused “The Catholic Spring.”

Obama”care” reduces competition, and therefore is illegal by the 1890 Sherman Anti-Trust Law.

Obama”care” is designed to be a US Federal Government monopoly, with no competition.

Obama”care” also is illegal according to the US Constitution, because it violates our freedom of choice.

Will THE NINE SUPREMES notice any of these three violations? I seriously doubt it.

Impeached Bill Clinton proved that the US President is above US Federal Law, so anything that the President wants he gets, regardless of the Federal Laws that he has violated.


90 posted on 03/26/2012 1:06:58 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: BigSkyFreeper

Impeach Kagan? Get ready for some ‘cards’ to be thrown at you; anti-Semitic, sexist and homophobic. Isn’t there a card for obese people too? Just look at what 0bama gets away with using just ONE card.


91 posted on 03/26/2012 1:44:05 PM PDT by FedsRStealingOurCountryFromUs
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BFL. need to read through the transcripts tonight


92 posted on 03/26/2012 2:38:40 PM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: BigSkyFreeper

“The government has no right to tell you what kind of car to drive, what kind of light bulbs to use, what kind of foods to eat, or what kind of TV to buy.”

Correct, but they are doing it anyway.

More and more.


93 posted on 03/26/2012 4:29:17 PM PDT by hummingbird
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To: alancarp

RBG: ‘....if they pay the penalty.’
SG: ‘Yes: if they pay the tax.’
RBG: ‘....if they pay the penalty.’
SG: ‘Yes: if they pay the tax.’

Alito: (I think) ‘You keep saying “the tax”...’ (laughter)
SG: ‘The tax-penalty’


I always believed taxes were a punishment. Probably for the crime of being American.


94 posted on 03/26/2012 4:57:35 PM PDT by gitmo (Hatred of those who think differently is the left's unifying principle.-Ralph Peters NY Post)
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To: Graewoulf
“Senator (R Tn) Son-of-a-Mitch McConnell has promised to “Repeal and REPLACE” Obama”care.”

I don't know if this applies, but Tennessee’s TennCare is breaking Tenn.

95 posted on 03/26/2012 5:36:10 PM PDT by hummingbird
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To: GregNH
I also beleive she is violation of the law.

Right ... who's going to go after her for a violation of federal law? AG Holder? Snowball's chance.

96 posted on 03/26/2012 9:07:41 PM PDT by Fast Moving Angel (Newt's not a perfect candidate but Jesus isn't running this year. - shoff)
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To: SierraWasp

“involuntary servitude”?

Heck yeah!


97 posted on 03/26/2012 11:26:25 PM PDT by dixiechick2000 (This hobbit is looking for her pitchfork...God help the GOP if I find it.)
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To: All
Today is the Big Day

Tuesday: oral arguments on the Constitutionality of the individual mandate.

The event is already underway (10a-Noon Eastern time): CSPAN will have the audio beginning around 1pm EDT. The interesting part will be seeing how the opposition and the liberal justices attempt to spin their perversion of the Constitution and the verbal cues that are heard as a result.

98 posted on 03/27/2012 7:40:52 AM PDT by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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To: All
Live Blog from the National Review: Day Two
99 posted on 03/27/2012 7:48:40 AM PDT by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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To: alancarp
janetadamy: #supremecourt From @louiseradnofsky inside court: Tough questions from Kennedy on if gov can require Americans to carry insurance or pay fee
100 posted on 03/27/2012 7:52:18 AM PDT by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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