Posted on 03/27/2012 10:47:22 AM PDT by bkopto
If Justice Anthony M. Kennedy can locate a limiting principle in the federal government’s defense of the new individual health insurance mandate, or can think of one on his own, the mandate may well survive. If he does, he may take Chief Justice John G. Roberts, Jr., and a majority along with him. But if he does not, the mandate is gone. That is where Tuesday’s argument wound up — with Kennedy, after first displaying a very deep skepticism, leaving the impression that he might yet be the mandate’s savior.
If the vote had been taken after Solicitor General Donald B. Verrilli, Jr., stepped back from the lectern after the first 56 minutes, and the audience stood up for a mid-argument stretch, the chances were that the most significant feature of the Affordable Care Act would have perished in Kennedy’s concern that it just might alter the fundamental relationship between the American people and their government. But after two arguments by lawyers for the challengers — forceful and creative though they were — at least doubt had set in. and expecting the demise of the mandate seemed decidedly premature.
SNIP
Justice Antonin Scalia led the charge against the mandate in the first part, but remained largely silent in the second. When he was on the offensive, he seemed to have the Chief Justice and Justice Samuel A. Alito, Jr., clearly with him, and there were repeated signs that Kennedy, too, was against it.
(Excerpt) Read more at scotusblog.com ...
The Supreme Court’s five conservative justices challenged the Obama administration’s arguments for the health-care law, with Justice Anthony Kennedy saying the government has a “very heavy burden of justification” for a requirement that people carry health insurance or pay a penalty.
Apparently the 4 liberal “justices” are potted plants with not ability to actually think for themselves.
That’s why it ain’t over till the Fat Lady sings. Most of this is nothing but play-acting and *ss covering. They want to be perceived as having given careful thought to their decisions, which they have all presumably made beforehand.
The Democrats will do what their ideology commands. The more conservative justices will balance doing the right thing against their political and social survival, not to mention the risk of losing invitations on the cocktail circuit.
It has been argued that Obama wins politically, no matter which way they decide. But if they don’t shoot down Obamacare now, then there may be no recovery for our country, even if we manage to keep Mitt Romney out of office.
Kennedy’s first name is actually ‘Reagan-appointee’ now. All the libtards in the media make that point in every report. They look ill reporting live.
LOL!
Beyer has had some tough questions. The wise Latino seem happy that 20 Million wouldn't have to pay anything.
How much different would it be if they had to report on "Reagan-appointee Robert Bork" today?
It is a sad situation when our entire form of government comes down to one justice. Folks, if this passes we can say goodbye to our republic, no matter who becomes president. The government will thus be allowed to do anything it wants and demand anything it wants of its citizens.
I seem to remember reading, quite some time ago, that Kennedy was asked about retirement. He said that he would not retire till BO was gone. Didn’t appreciate the way the court has been treated during the SOTU. I hope I’m not wrong on this. Let’s hope Reagan is sitting on his shoulder.
For one thing, DC vs. Heller would have gone down to a loss.
Bork was an avowed enemy of the Second Amendment, and refused to discuss it.
If 0bamaCare can make you buy things at the government’s direction, I need to find a country that is actually free and move there.
I’m taking recommendations.
I agree. I get the feeling that Kennedy in particular was highly offended by Barry’s SOTU performance and is intent on cramming one up his backside in retaliation.
I’ll live with the questionable motives in order to get the good result.
Well, yes.
Kabuki theatre. Oral arguments are for show and the briefs are for dough. And Kennedy is a spolied brat who yearns to be the center of attention.
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.