Posted on 03/28/2012 9:44:18 AM PDT by Bill Buckner
The courts conservatives sounded as though they had determined for themselves that the 2,700-page measure must be declared unconstitutional.
"One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia.
Agreeing, Justice Anthony Kennedy said it would be an "extreme proposition" to allow the various insurance regulations to stand after the mandate was struck down.
Meanwhile, the court's liberal justices argued for restraint. Justice Ruth Bader Ginsburg said the court should do a "salvage job," not undertake a wrecking operation." But she looked to be out-voted.
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. said they shared the view of Scalia and Kennedy that the law should stand or fall in total. Along with Justice Clarence Thomas, they would have a majority to strike down the entire statute as unconstitutional.
(Excerpt) Read more at fox43.com ...
Anyone know whose Constitution she was reading when she said this?
According to recent news reports, it was likely the South African Constitution...
the infowarrior
“If Justice Ginsburg is talking about “salvage”, I would take that as a sign that the entire bill is in big, big trouble. “
That’s a good point. The defense of the bill was feeble.
“I would not be surprised to see another one of the liberals concur with the majority at least in part (specifically with regard to the insurance mandate).”
who? I think they were trying too hard to help the Obama side’s case to go that way. they were trying to put the arguments in the mouth of the solicitor general.
Based on this, I’d wager 3 will vote to toss the whole bill, Thomas, Alito, Scalia.
Roberts and Kennedy 50/50 toss it all or just the mandate.
4 votes to keep the bill.
“A state gets 100% of the money (borrowed from China etc.) at first. If the state refuses, local and national leftists use it as a political weapon against the state. Later, the cost to states increases. If the states don’t pay up, the feds stop all payments, even for medical programs that existed before obamacare. “
Drug Dealer Marketing ... “get ‘em hooked first” ...
applied to a socialist spending program.
Rush was RIGHT that if they partially overturn obamacare that is would be a good ‘set up’ for single-payer....
IT’S CALLED MEDICARE AND MEDICAID.
Obamacare expanded medicaid to everyone with low income and built up SCHIP to OVER the median income, and pulled Medicare down to 55 AND put kids on parents health insurance AND with that added burden gave employers the ‘option’ to get taxed to dump employees into the ‘exchange’.
All this coercion and subsidies is without the individual mandate. All the Democrats have to do is expand medicare and medicaid to cover ‘everyone’ and squeeze the regulations so hard that noboby can afford private health insurance and the whole industry is killed off.
They will never have the votes for single payer, but the frog is getting slowly boiled, where most Americans will be on the govt health insurance plan in one way or another.
Single payer will be billed as ‘simpler’ than the complex system we have today, so it WILL be the left’s “solution” to the messed up system that Obama and the Democrats have created (with or without the partial repeal by SCOTUS).
Only one way to avoid this: Complete 100% Obamacare repeal.
Kill it off fully and 100%.
LOL!
5/4 BYE BYE OBAMACARE......ALL OF IT.
NORMALLY DON’T STICK MY NECK OUT THIS FAR....ITS DONE!
How do you explain Harriet Myers?
Why is the plaintiff’s lawyer, or the justices, not asking about the waivers? That alone should void this law.
It’s a little late to stop Kagan; but how about those Senate RINOs like Graham-nesty who voted to confirm her as a justice to rule on this case without demanding a promise from her to recluse? Talk about traitors.
Maybe Gilbo is right :)
Senate votes to confirm Elena Kagan (SCOUS Blog)
The Senate has just voted to confirm Elena Kagan as the 112th Justice of the Supreme Court. The final vote was 63 in favor, 37 opposed.
As anticipated, five Republicans Senators Susan Collins, Lindsey Graham, Judd Gregg, Richard Lugar, and Olympia Snowe voted in favor of Kagans confirmation. One Democrat Senator Ben Nelson voted against it.
“Its a little late to stop Kagan; but how about those Senate RINOs like Graham-nesty who voted to confirm her as a justice”
Blood is boiling
Wasn’t he the cowardly clown who ran from a pizza joint rather than face a couple of his angry constituents?
Yes indeed! I wish we had you in congress, but it's hard for a good man to be elected in a left-wing district....
I moved out of Austin.
That’s reassuring, thanks. It’s make or break time for America on this one. I’m not counting on anything after so many frickin’ disappointments.
>> Ill pop the champagne cork when the actual ruling comes down.
Exactly. Giving the impression of a good fight lends credibility to ruling it Constitutional.
Myers is not a Justice and is nowhere. However back in the real world .Bush put 2 conservative , 2 , Two, conservative Justices on the Supreme court. PLUS Bush put Janice Rogers Brown on the 2nd highest Court. Look her up and she is the most conservative judge. PLUS Bush and Republicans put hundreds of conservative judges on federal courts. Compare that to the marxists Clintona (ginsberg etc) and Obama put on the Supreme court and federal courts( Kagan sotomayer etc).
Are you hoping for 5 trillion dollar debt Obama to win ?
That was always the plan. Bribe the Senate, bullsteer the House, then blackmail the Supreme Court into passing the whole thing "for the children".
That's why Obozo bitch-slapped the Justices at the SOTU. He was letting them know, "I'll come after you if you screw with my legislation." That's right out of Julius Caesar's playbook.
We'll see if it works.
unlike a stopped clock, my 'prophesies' usually come with bad news attached...
side note, what *if* SCOTUS strikes it down ??? the *funding* has already begun and the budget, or lack thereof, is already dependent on these mechanisms...
do we really think there isnt another 3k page re-write already in a file cabinet somewhere ??? or that an EO isnt waiting to *keep* those parts necessary to implement it piecemeal to make up for the cash difference, while end running the CONgress???
even better still, just changing the language and forcing the entire court process to start from scratch, which in any event will get us past november anyways...
these bastards play hardball, for keeps, while our *reps* are few and far between, with their pocket protectors being their only weapon of war...
The very fact that this is even happening is proof of how far the country has slid down the slope toward oblivion. Hillary Clinton could not even get this diabolical plan out of committee but sixteen years later it was passed over the objections of the people.
I wonder how many of the SILLY left wingers who think Obama is the messiah realize that this is basically the same garbage the Clintons tried to pass and Hillary got it from RICHARD NIXON who resigned before he ever tried to pass it. That’s right, it originated with a Republican president who had fantasies of being a dictator. The man who installed wage and price controls when real inflation was much, much lower than today.
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