Posted on 06/18/2012 3:41:16 AM PDT by Perdogg
Today the court is handing down decisions, possibly in the Arizona Immigration Law case.
Make your Prediction on:
1. Az Immigration law 2a. Heathcare Mandate 2b. Heathcare Servability 3. Stolen Valor Act
...or the way of the doodoo...
Since there are nine Justices, that can’t be right.
“Heath care Mandate
Heath care Severability
SOTUS will split the baby - throw a little something to each side.”
I thought that Reid removed the “severability clause” from the bill so that the mandate could not be detached from the rest of the bill. If the mandate goes the rest of bill implodes. Am I wrong about this? Does anyone know for sure?
“141 days, indeed. We are wondering what evil the Kenyan will try to foist upon us during the 141 days.”
Very much concerned, but way more concerned with what a bitter and fearful Obama does after a 11-6-12 election defeat. I fear we go into tyrant dystopia at warp speed through the holidays and beyond...
Yes, and if the court 'splits the baby' it would be one more time in the shredder for the Constitution.
It'd be a wonderful smack down to declare that monstrosity un-Constitutional on Constitution Day.
What does “Healthcare Servability” mean? Do you mean *severability* of the individual mandate from Obamacare?
And are you predicting that there would be 5 votes against severability, meaning that there would be 5 votes to strike down Obamacare as a whole? If so, I agree with your prediction (and hope that both of us are correct).
I don't think that is the case. Here is a link to a concise but understandable summary of the questions before the court
Legal Challenges to the Affordable Care ActThe Supreme Court has granted review of four issues from challenges to the Affordable Care Act:
Whether the Anti-Injunction Act prevents challenges to the Affordable Care Act at this time (90 minutes of argument on March 26)
The constitutionality of the individual mandate, requiring most Americans to purchase health insurance by 2014 (2 hours of argument on March 27)
Whether the individual mandate is severable if it is found to be unconstitutional, or whether the entire Act would have to fail (90 minutes of argument on March 28)
Whether the Affordable Care Act's expansion of the Medicaid program is constitutional (1 hour of argument on March 28)
Whenever there is a liberal voting on something...union voting,elections, or SC decissions.. I ask myself WWSD (what would Satan do)?
Agreed.
Neat!
And NO ONE has shown any inclination to forcefully stand up to him.
Exactly right. And your second statement above is the one that's the most astounding to me.
Severability could not be added without sending it back to the other house at the end— which they couldn’t pass. It is a hair ribbon anyway.
The SC can reject a portion of a bill and let the rest stand based on their own analysis — it is no silver bullet, merely the opinion of the Congress at the time of passage.
Gasp! We have worried about that as well. He will be unmasked and on his way out of power, and his petty, childish evil will be blazing from both barrels.
Happy day we see him and Michelle ‘copter away from the White House. I pity the SS detail that has to care and protect the littlest dictator after that day.
Most congresscritters are raising money this week. The SCOTUS must be planning to issue all of the rulings EXCEPT Obamacare on Thursday 6/21.
Then, Monday, 6/25, when everyone is preened and sitting in front of a camera, the SCOTUS will launch their Obamacare decision at 10AM.
"10:51 Amy:
One final time: The Court did not act on health care today. It has finished issuing opinions until Thursday. We will be back here on Thursday for another Live Blog sponsored by our friends at Bloomberg Law, and we will eagerly await whatever they have to give us at that time. After that, the Court is scheduled to sit again on Monday, June 25; we will know more by the end of this week whether it will add additional opinion days for next week. "
He need remember that the “tea party” got a million people into DC on just 3 days’ notice.
Crossing the line is ... unwise.
I am well aware of the AZ Immigration and the HC law discussions. What is the “Stolen Valor” act?
I believe a severability clause is included when Congress wants to state their intent that the law can be severed in its parts without the entire law either being upheld or struck down.
Whereas your understanding was the opposite...that the clause says the law must stand as a whole. Incorrect, according to this and several other sources:
Supreme Court Obamacare Severability | TPMDC
To be clear, I’m not agreeing with any of the OPINIONS stated at the link...I’m using it to show the true understanding of severability.
Since there’s no severability in the final bill, that means Congress did not say that the law can be severed, which would have allowed it to stand or fall in parts, not confined to its merits as a whole.
This means the Court has no statement of legal intent from Congress on that issue, therefore the Court is free to decide...unincumbered...by that consideration.
The Court is free to ignore Congressional intent because none was stated in the bill, and can do with the whole or the parts as it chooses.
I believe without severability in the bill, the Court would be more likely to let it fall as a whole rather than uphold it as a whole or dismember it at its will.
Remember what was said at oral argument, and I think Scalia was speaking unofficially for the Court when he derided the very idea that the Court should try to read through the bill and decide what should stay and what should go.
Which, of course, didn't stop "Justice Pat" from keeping a vote on DeathCare.
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