Elena Kagan: How Can Giving a Boatload of Money to Poor People be Unconstitutional?

Rush Limbaugh.com ^ | March 30, 2012 | Rush Limbaugh

[Kaslin]

BEGIN TRANSCRIPT

RUSH: I have the Elena Kagan sound bite. I know that I have total, 100% credibility with you. When I tell you something, you know it's true. But I want you to hear it. This was Wednesday at the Supreme Court during the third day of oral arguments on the constitutionality of the health care reform law. This is the most junior justice, Elena Kagan, a former solicitor general for Obama, who openly cheered the passage of Obamacare when it went through the House. And she then worked on its defense at the Supreme Court. She should have ethically recused herself. But she didn't. And here is her opinion, in the form of a question to one of the lawyers, doesn't matter who. She's talking about the commerce clause and coercion. She doesn't understand the argument that forcing people to buy health insurance violates the commerce clause.

This is a woman who taught law at Harvard. She was the dean of Harvard Law. Which means she's smarter than anybody else. She's smarter than the dean of law at Columbia and she's smarter than the dean at Stanford. She's just as smart as the dean over there at Oxford. There's nobody smarter. When you're the dean of Harvard Law, you're it. And she has no clue. She cannot conceive, she has no concept of the notion that the federal government cannot force citizens to buy anything. By the same token, the government can't force you not to buy anything. Works both ways. So the lawyers are talking about this using the term coercion, coerce people. This compulsory contract, which is an oxymoron. And she's frustrated. She doesn't understand why people don't understand this. She doesn't understand why people think this is unconstitutional. It's a mystery to her. You mean we can't give people health care? I don't understand. Here's how she said it.

KAGAN: Why is a big gift from the federal government a matter of coercion? In other words, the federal government is here saying: We're giving you a boatload of money. There are no matching funds requirement. There are no extraneous conditions attached to it. It's just a boatload of federal money for you to take and spend on poor people's health care. It doesn't sound coercive to me, I have to tell you.

RUSH: I am sitting here, if you're not watching on Dittocam you can't see me with my mouth all the way open, in stunned disbelief. Folks, this is why all week I have been urging you: Don't think they're smarter than you are. Don't fall for that. Don't grant them that. These are some of the most uninformed, ill-informed, arrogant, conceited people you will ever encounter. I'm not even gonna assume she knows what she's talking about. What it could be is that the federal government is passing the burden of Medicaid to the states. In Obamacare they are off-loading some of the costs to the states. They're demanding that states pick up Medicaid costs, and she is of the belief that the states are gonna get the money that the federal government currently spends on Medicaid, but they aren't. The states aren't going to be able to afford this. And unlike the federal government, they can't go print money.

They have to balance their budgets at the state. It's very difficult for them to even borrow. They do, they sell bonds and so forth, but it's not nearly as easy to deficit spend in the states as it is at the federal government. And Obamacare takes the money in Medicare and shifts it to the states so that they can show on paper that the overall cost on the federal side is not nearly as high as it really is. And to her, this is a boatload of money, what could possibly be wrong? A big gift from the federal government. Obamacare is just a big gift. We're giving this money, and there aren't any strings attached to it. Boatload of federal money for you to take and spend on poor people's health care. That doesn't sound coercive. What it sounds is clueless. I mean totally, genuinely clueless. And this woman's a Supreme Court justice.

END TRANSCRIPT

[freekitty]

This woman should be tried for treason instead of sitting on the Supreme Court. Bad people don’t last for long. I suspect she will be punished at the first opportunity. I am hoping George Soros will get his punishment soon.

[JediJones]

Kagan is dumber than a box of rocks. My apologies to a box of rocks. How this woman ever became a SC judge mystifies me.

Because 5 Republicans voted to confirm her along with all but one Democrat, giving her 63 Yes votes. We could only afford to lose one Republican at that time if we wanted to filibuster her. And if the Democrats managed to get their one black sheep back in their court, we would have needed a complete Republican block to stop her.

Here's a good breakdown of how the votes on Kagan and Sotomayor went down:

http://www.washingtonpost.com/wp-srv/special/politics/kagan-confirmation-vote/

Here are the RINO bozos who voted for Kagan:

Collins, Susan M.
Graham, Lindsey O.
Gregg, Judd A.
Lugar, Richard G.
Snowe, Olympia J.

Those plus 4 more Republicans voted for Sotomayor.

There was just one Democrat (DINO?) who voted against Kagan. He did vote for Sotomayor.

Nelson, Earl B.

[GeronL]

Yes, it should be mandatory

[ridesthemiles]

This woman should have recused herself from this entire case.

Is there any legal remedy we can use against her for her not doing so?

[manc]

I get he feeling that Kagan has been talking to obama since she got on t he bench and told him the vote today.

It’s outrageous that this woman is doing this case what is even more is that she does not even qualify for that position and has no clue about the laws or the constitution.

[HollyB]

Exactly, where does she think this money comes from?

[GeronL]

She is a stooge, a plant

[manc]

on that I have no doubt

[1010RD]

She’s not just clueless, she’s a political animal. Not fit for our nation’s highest court.

[Leep]

This cow will probably be on the bench until she is in her 80’s or drops dead. I vote for ah, never mind..

[qaz123]

this, from one of nine of the most brilliant legal minds in the country. has to make you wonder what the caliber of professors are at schools other than harvard, if she’s someone setting a standard.

we’re so screwed.

[ripley]

She’s so smart, so wise, so intelligent, with such brilliance that it defies the imagination how she can stand her own perfection and superiority. How amazing and wonderful and great she is, so generous, kind and caring; amazing.

/SARCASM/

[Neidermeyer]

Anyone here know if this woman can ever be removed due to her activism and basically being an idiot?
***********************************************
It’s a shame there are no cameras in the SC ,,, I would love to have a “blooper reel” of Kagan. Maybe John Roberts would OK a camera for just such a purpose... If we ever get to nominate another justice I would love for us to pick someone with a love for the country , common sense , high intelligence and NO LAW DEGREE ...

[djf]

The woman has zero conception...

Because the Feds can send a boatload of money every year.
A boatload this year.
A boatload next year.

Three years later, the Fed says “If you don’t do yada-yada, we’re not gonna send you a boatload this year!”

So now how do the states explain to their people that no boatload is coming this year? They don’t. They cave in to the Feds demands.

[JudgemAll]

LEt me guess, these people did their thesis like a letter to Santa Claus: Dear Santa, we want free health care, and if the mean elves complain, just kill them.

There you go, mental age of a 5 year old on government power steroids.

[JudgemAll]

Miss Kagan should be reminded that her lesbo sister Fluke just made unconstitutional for Catholics to give a boatload of money and care to people they chose to.

[ExTexasRedhead]

Everyone take note of the absolute silence out of the spineless, gutless eunuchs in Congress regarding Kagan’s not recusing herself. No outrage; gutless, chicken silence! The same silence out of the same gutless, spineless eunuchs in Congress on the question of Zero’s eligibility. Could we agree that the stench is worse than human waste?

[Jay Santos CP]

Very frightening and likely quite representative of the elite’s cognitive abilities generally.

[Clintonfatigued]

Judicial Watch has pushed the issue. Congress has failed to press the issue, though. We can only hope that it has no impact on the final outcome.

[okie01]

Everyone take note of the absolute silence out of the spineless, gutless eunuchs in Congress regarding Kagan’s not recusing herself.

Several Texas Republican Congressmen (Gohmert, Hensarling, Barton, at least one other) have taken Kagan to task in interviews for her refusal to recuse herself.

At the same time, they admit that there is nothing that neither Congress -- nor the President, nor the court, nor anybody else -- can do about it. She is the sole determinant of her eligibility to hear the case.

And that's the end of that there story...