Posted on 03/28/2012 9:44:18 AM PDT by Bill Buckner
The court’s 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 ...
Sadly, I doubt most people under 30 knows what communism is, or the resultant genocide as a result of its practice.
I was very surprised this never came up in oral arguments, because it is my recollection that at one point the bill DID contain a severability clause and it was REMOVED before final passage, a strong argument that the lack of a severability clause was not an oversight, but an intentional decision by Congress!
I SO hope PPACA is overturned entirely.
BUT, I have a contrarian question. If EMTALA is constitutional - if Congress has the power to require all hospitals to treat all emergencies and women in labor for free - then isn’t it implied that Congress can come up with a scheme to pay for that?
LOL! Good one.
He has been given the title of the “Swinging” judge for good reason.
I think its possible we are being played to get our hopes up or something.
Exactly.
Gummint is trying to call it “commerce”, but they are really talkin socialism.
I would like to get something into the record and read before a joint session of Congress ON JULY 4TH, about "THE PEOPLE" who took the President and Congress to task and got this overturned....signed by millions of "AMERICANS".
This ruling will not prevent a single payer system. They will have to do it with a single tax that applies to everyone of course and then everyone is covered. Or expand Medicare to everyone of every age.
Those things would probably not be considered unconstitutional.
Of course - they have the power to levy equitable taxes and pay for any constitutional program they like from the general treasury.
A major portion of this whole charade has been a game to pretend that somehow 40 million ininsured can magically be included in the health system for "free". There is nothing I know of that would prevent Congress from levying a 5% excise tax on hospital bills to pay for the uninsured. But then, the public might notice.
Not if the Pubbies have half a brain and make it clear the whole purpose of this act was to take money out of the pockets of young people who do not financially benefit from comprehensive care. Convince the under 40 crowd that this is Social Security Part II, which it essentially is, and they will stay home in droves. Congress as Robin Hood, only they are planning to steal from the young to give to the old.
I think the use of the word “salvage” was perhaps, unintentionally revealing of the Justice’s belief that a majority may well exist to invalidate the mandate. I may be wrong, but of course we are all straining to simply read the tea leaves as they fall...
Exactly. Add in the fact we don’t know just how happy they are to have Kagan involved in whats a clear case for recusal.
That can’t be going over too well.
Pray that they strike it down.
When the rulings come down we’ll hopefully win out and get to hear the dissent opinion. I would love to see something along the lines of what she said in print. There must be a way of removing a SC judge who quite clearly does not know his or her job.
While Kennedy is the “swing vote,” he’s been voting more conservative recently.
Man, you nailed em!
LOL
LoL.
And we could get a bonus that the Supreme Court overturns 1942 Wickard v. Filburn.
It is pretty apparent to everyone that the hard left justices like Kagan are trying to make the case for Obamacare rather than talk about it’s constitutionality. Kagan is practically coaching Verilli?
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