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Wow: SCOTUS Leaning Toward Throwing Out Obamacare In Its Entirety?
Townhall.com ^ | 3/28/2012 | Guy Benson

Posted on 03/28/2012 10:40:30 AM PDT by Servant of the Cross

My colleague Kate Hicks -- who has attended the High Court's oral arguments this week -- will file a full report on today's proceedings later on. In the meantime, some initial reactions indicate that the Supremes may be poised to not only throw out Obamacare's individual mandate, but the entire thing. Wow. Snippets the Wall Street Journal's excellent live blog:

* Justice Kennedy, again exploring the competency theme, says Mr. Kneedler suggests the court has the expertise to invalidate some parts of the law, but not the expertise to judge whether other parts should remain in place. The justice says he finds that "odd."

* Justice Scalia suggests there has never been another high court case where the justices have struck down the “heart” of a law, but left the rest of it in place.

* Chief Justice Roberts suggests that Mr. Kneedler, the government lawyer, has made effectively made the case that if the insurance mandate falls, the guarantee that insurers accept all customers must go, too. But, the chief says, that doesn’t tell the court what to do with all the many other provisions of the law.

* Justice Alito echoes those concerns, saying other provisions in the law, in addition to the guaranteed-coverage requirement, could lead to higher costs for insurers.

CNN's Jeffrey Toobin says Justice Kennedy led this aggressive questioning, indicating that Kennedy has made up his mind that at least the individual mandate is unconstitutional. Via CNN tweets:

Toobin: "The leader of the questioning was Kennedy; it certainly seemed likely he made up his mind the mandate was unconstitutional."

CNN JUST IN: Jeffrey Toobin: "this entire law is in trouble..." the individual mandate appears "doomed"..."seemed a foregone conclusion."

Toobin reiterated his "train wreck" imagery, adding that today could have also been a "plane wreck" ...

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: initsentirety; obamacare; unconstitutional
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To: GeronL

The Communists are very good at planning each move, they have been at it for over sixty years, to bury us. They are so close to succeeding. Let’s look at this:
Obamma publicly insults the SCOTUS.
Obamma appoints communist judge.
Obammacare get’s challenged and rejected by SCOTUS.
Obamma propaganda machine tells populaces that the SCOTUS rejected Obammacare, not on grounds, but in spiteful revenge.
Obamma’s OWS crowd demand “justice”.
Riots begin, marshal law declared.
Checkmate-Kruschev.


61 posted on 03/28/2012 12:27:40 PM PDT by RavenLooneyToon (Tail gunner Joe was right.)
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To: GeronL

Starting? No...


62 posted on 03/28/2012 12:28:00 PM PDT by null and void (Day 1163 of America's ObamaVacation from reality [Heroes aren't made, Frank, they're cornered...])
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To: Servant of the Cross

If it does go down. It won’t be close. It’ll could be unanimous. Lots of people are signaling that the election would go better for everyone if it was struck down. Kagan is now a Justice. It no longer matters how she got there, she can’t be removed because she didn’t play ball with Obama. Sotomayer too. History isn’t going to judge them on whether they carried water for Obama, but on whether women on the bench was good for the country. I was shocked at the EPA decision being unanimous.

If it really is an absurd anti-constitutional monstrosity, they all may kill it. Passed the way it was passed, it was a very killable bill. Scalia even joked as to whether he would be required to read all 2700 pages in order to rule on it.

I’m curious as to whether the minority would have to write an opinion if it does go down 8-1 or 7-2. I’m not sure they do.


63 posted on 03/28/2012 12:35:45 PM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: RinaseaofDs

I guess I was doing my rip van winkle routine because I don’t know anything about an EPA ruling. How bout a 30 word synopsis?


64 posted on 03/28/2012 12:59:11 PM PDT by mamelukesabre
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To: Servant of the Cross

A mandate is merely a dictate. Thus, if we are dictated to, do we then live under a Dictatorship?

If our freedom of choice is taken from us by the dictates of a hostile Federal government, then what Liberty do we have left?


65 posted on 03/28/2012 1:01:11 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: Graewoulf

“A mandate is merely a dictate. Thus, if we are dictated to, do we then live under a Dictatorship?”

“If our freedom of choice is taken from us by the dictates of a hostile Federal government, then what Liberty do we have left?”

Why, the liberty to continue breathing, citizen!

As Plato and many others observed, a dictatorship resolves a crumbling and chaotic democracy by subjecting it to a sort of receivership by the Dictator. The end-game of a republic, if you will.

For the public good, of course.


66 posted on 03/28/2012 1:08:08 PM PDT by headsonpikes (Mass murder and cannibalism are the twin sacraments of socialism - "Who-whom?"-Lenin)
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To: Servant of the Cross

Yet admin still confident of constitutionality. The commies don’t intend on giving in - regardless.


67 posted on 03/28/2012 1:14:48 PM PDT by Heart of Georgia
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To: Servant of the Cross

Don’t get your hopes up.

The Supremes are past masters at faking it and misleading observers during the oral arguments.

They are not going to sink America’s first black president so will find ways to rationalize acceptance of all or most of Obamacare.

They might throw conservatives a small bone and declare one minor provision unconstitutional, but the act itself will stand.


68 posted on 03/28/2012 1:17:45 PM PDT by Iron Munro (If Repub's paid as much attention to Rush Limbaugh as the Dem's do, we wouldn't be in this mess)
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To: Hoosier-Daddy
"The hubris of NOT putting in a severability clause is astonishing... and laughable."

If you remember, they had to make the bill unserverable to make it palatable back in 2010 to the wavering dumbocrats. Without the mandate, there was no way to pay for the exploding costs of all the goodies in the bill. The mandate forced all the young people to kick money into the system and that's how they counted on paying for this monstrosity.
69 posted on 03/28/2012 1:19:07 PM PDT by Old Teufel Hunden
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To: Lonesome in Massachussets

“Pelosi was right.”
I disagree, no one is going to read it and if they try they won’t have clue to what it means!

A government run by Bureaucrats needs no laws!


70 posted on 03/28/2012 1:25:14 PM PDT by Rock N Jones
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To: sheikdetailfeather
Rush Limbaugh just said the justices are not going to read all 2700 pages and determine what to leave in or take out. It will either all pass or all fail.

Just to be informed for having to face a couple of people I knew who were for the ObamaCare bill, because they had a friend who was denied coverage for a pre-existing condition, I read the entire thing.

I can say with great certainty, the justices are NOT going to read this monstrosity.

BUT! If they did, they would have to stop every 10 minutes to either allow their blood pressure to recede, or to stop laughing before reading more.

Even now my blood boils with the idea that the Dems voted for this POS legislation.

71 posted on 03/28/2012 1:26:33 PM PDT by N. Theknow (Kennedys=Can't drive, can't ski, can't fly, can't skipper a boat, but they know what's best for you.)
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To: mamelukesabre

Sure!

Here (EPA vs. Idaho landowner):

http://articles.latimes.com/2012/mar/21/nation/la-na-0322-court-epa-20120322

and then today in Texas with the 5th Circuit, here:

http://news.yahoo.com/texas-wins-court-battle-epa-over-pollution-permits-201800571.html


72 posted on 03/28/2012 1:34:10 PM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: N. Theknow

“Even now my blood boils with the idea that the Dems voted for this POS legislation.”

Well, perpetrators should be held accountable this November. Like clean the house, upstairs and downstairs!


73 posted on 03/28/2012 1:38:44 PM PDT by Rock N Jones
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To: KansasGirl

““You really expect us to read the entire 2700 page law!”. Lol! Of course, not Justice Kennedy, nobody else did!”

Sounds like an in-your-face slap-down to Pelosi. Take that!


74 posted on 03/28/2012 1:39:37 PM PDT by Heart of Georgia
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To: N. Theknow

I see the congress revisiting this ONE isolated issue in the event this is all tossed. it will probably be something like, you have to pay for a year before being covered OR you can jump to another insurance company if you already have covereage.


75 posted on 03/28/2012 1:44:36 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Servant of the Cross

Can it be sooner? I know June has been the time frame for quite awhile but it seems minds are made up.


76 posted on 03/28/2012 2:09:01 PM PDT by wiggen (The teacher card. When the racism card just won't work.)
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To: Servant of the Cross

I thought the 2700 page bill was written with NO CHANGES—NO AMENDMENTS, etc.

It won’t matter if it is 2700 pages....
270 pages .....
or 27 pages.

As long as Obama & Reid & Pelosi are running things, we will be screwed with whatever they pass.


77 posted on 03/28/2012 2:37:38 PM PDT by ridesthemiles
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To: Servant of the Cross
An interesting point to ponder is the way that Obama lectured the justices of SCOTUS during a State of the Union address . . .
If the justices think about that disrespect, they might be more inclined to go whole hog. In for a penny, in for a pound . . .

78 posted on 03/28/2012 5:41:28 PM PDT by conservatism_IS_compassion (DRAFT PALIN)
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