Posted on 03/27/2012 9:05:53 AM PDT by Bill Buckner
Kennedy apprears to be very critical of Mandate provision. LA times headline "Justices signal possible trouble ahead for health insurance mandate," they note:
“Are there any limits,” asked Justice Anthony Kennedy...
“If the government can do this, what else can it … do,” Scalia asked?
Politico headline, "No Fifth Vote Yet to Uphold," ...
"The conservatives all express skepticism, some significant. They doubt that there is any limiting principle.
Progressives do not believe in GOD... they think that they are GOD.
LLS
That's always the case. SCOTUS (actually, just about any judge) can easily figure out some mumbo-jumbo to allow the laws they do like, and call the other ones unconstitutional. The federal power to prohibit pot is constitutional, because Scalia is in favor of federal drug prohibitions.
Let’s not kid ourselves. Ginsberg and the other leftist judges know exactly what the US Constitution is written to mean. They aren’t idiots. They are intelligent people with an agenda, and the US Constitution, as written, stands in their path. Leftists are by their very nature barbarians. They follow the law when it supports what they want. If not, they do as they please. Seriously. None of them could care less what the constitution actually says. It’s all theater, acting like they’re listening as both sides make points. The leftists will reach the conclusion they want, liberty and the US Constitution be damned.
Kennedy may see the problem, but may decide to solve the problem but creating an arbitrary carve out exception specifically for healthcare. That’s just how he rolls. If I had to guess, I’d say that after his leftie friends spend the next month or 2 hammering away at him, he’ll create a “compromise” where he finds that the government can only do this under these particular circumstances. He’s not afraid to manufacture his own “limiting principle” out of whole cloth. Of course, when he’s gone, so is the “principle”, but he doesn’t think that far ahead.
Spoken like a true comrade
P2P
Interesting, thanks for the information.
Any thing the fore fathers wrote that followed with the word “GOD” the Liberals will repute no matter how much sense it makes...
those are four leftists who are going to end up highly exposed over their complete lack of logical function
If you’re talking about Gonzales v. Raich, that was clearly ruled incorrectly. The federal government clearly has the right to ban the interstate trade of marijuana. Justice Thomas ruled correctly.
http://www.law.cornell.edu/supct/html/03-1454.ZD1.html
The marijuana in question was never bought or sold or transferred across state lines. I’ve posted many times that I oppose drug legalization, except maybe decriminalization of marijuana. States have the right to make drugs illegal within their borders, and the federal government has the right to regulate drugs in interstate commerce. However, it cannot be reasonably argued that the US Constitution grants the federal government the authority to regulate non-commerce within a state.
But, but, but I was looking forward to being FORCED to buy an online class on race relations put out by the New Black Panthers...
Losing the mandate pulls the plug on the funding. Sebelius would still have the power to issue decrees ordering the Catholic Church to pay for birth control, or for insurers to allow your kids to stay covered until age 45, etc. But the whole thing would immediately begin to go bankrupt.
And you can be sure that the insurance industry will do a sharp 180 and begin lobbying intensely for repeal once they learn that they won’t be getting 40 million new customers at gunpoint.
Thank you for this post!! Awesome quote from TJ!!
IOW you are free to buy any car you want, HOWEVER you have to buy a chevy volt first they if you have more money you can buy another car if the government allows two car ownership.
we have to be careful because he could just be fleshing out a way to support the mandate.
When is someone going to ask what the government is going to do with the "penalty TAX" money.
We are dealing with totalitarian weasels here! Expect the Spanish Inquisition!
CAN work. The penalty isn’t anywhere close to what insurance costs, so reducing the penalty to $0 doesn’t change much. Either way, enough people will abandon paid insurance that the gov’t will have to shell out billion$ to keep the healthcare industry afloat (too big to fail, dontcha know).
Exactly as planned.
Excellent perspective, and absolutely true.
In fact, by replacing the Doctrine of Negative Rights of the pre-14th Amendment, with a Presumption of 14th Amendment Administrative Jurisdiction, they LITERALLY DID declare the original Constitution unconstitutional.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.