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Affordable Care Act SCOTUS Decision--Live Thread
SCOTUSblog ^ | June 28, 2012 | SCOTUSblog

Posted on 06/28/2012 4:56:21 AM PDT by John W

Today is the day. SCOTUSblog live at 8:45 AM.

(Excerpt) Read more at scotusblog.wpengine.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: abortion; backstabberromney; benedictromney; bho44; bhohealthcare; bhoscotus; deathpanels; doomandgloomers; etchasketch; fumr; mitt4romney; natteringnabobs; natterynaybobs; obama4romney; obamacare; obamaoneanddone; obamawhite; obamneycare; promisethemanything; romney4nytimes; romney4romney; romneyantigop; romneycare; ruling; saynotomitt; verminromney; zerocare
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To: John W

Bump


41 posted on 06/28/2012 5:24:47 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Raycpa

Bookmark


42 posted on 06/28/2012 5:25:08 AM PDT by kinsman redeemer (The real enemy seeks to devour what is good.)
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To: John W

Here on this thread!


43 posted on 06/28/2012 5:25:08 AM PDT by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
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To: mike_9958

——Man I hope this dies - I don’t think I can stand hearing the term “ObamaCare” the rest of my life.——

If this got flushed over a month ago, Odumbo already has his contingency plan in place. Whatever it is, he will begin acting immediately.

The Constitution is an old yellowed document, if the ideas that it incorporates are no longer held or valued by the people.


44 posted on 06/28/2012 5:25:10 AM PDT by St_Thomas_Aquinas (Viva Christo Rey!)
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To: ducttape45

10 AM. Scotusblog is going live a little earlier than usual and they will set everything up very nicely and take some questions.


45 posted on 06/28/2012 5:26:09 AM PDT by John W (Viva Cristo Rey!)
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To: TornadoAlley3

*


46 posted on 06/28/2012 5:26:13 AM PDT by Eastbound (3-7-77)
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To: joe fonebone

Scalia was in his chamber this morning doing pullups like Robert Deniro in Cape Fear. Don’t let the tinfoilers,the Nattery Naybobs, and the nutters who think Roberts is being blackmailed, or is paid by Soros, get to you.


47 posted on 06/28/2012 5:26:13 AM PDT by Perdogg
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To: unixfox

I don’t know about Boehner but I’m sure going to spike the football. If it should break for obama, you know he’s going to.... and then some!


48 posted on 06/28/2012 5:26:31 AM PDT by jersey117
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To: John W
My take on Obamacare and the upcoming announced decisions. Obamacare is an unjust law, and as such is not really a valid law. More on that below.

Regarding the SCOTUS vote that will probably be announced today (deciding on two issues - the Obamacare mandate and Obamacare itself):

4 in favor: the four Socialist amigos will have decided as a block (kind of like a SCOTUS stronghold).
3 against: Scalia, Thomas, and Alito (our freedom-loving, Constitution-loving Justices).
Unfortunately, that means only one of the remaining two is needed to decide in favor of Obamacare.
2 uncertain: Kennedy (as usual) and Roberts (suprisingly).
The Kennedy vote depends which side of the bed he rose up the day of the decision. If for some reason Kennedy has voted against both issues, then we still may have a Roberts problem, because he is apparently loathe to overturn the legislature.

However, if SCOTUS blows it, the game isn’t over. The states can and must do as Idaho did: nullify Obamacare and exempt its citizens from its mandates.

What would justify nullifying Obamacare? It’s about what we call "law." The highest Law of the Land of course is the U.S. Constitution which trumps any other law that violates it. I'm sure you know this, but it's probably worth saying that in this sense, this "solid four" (or "socialist four") is for overturning the Law of the Land in favor of said "laws" like Obamacare that helps create a Socialist state. Because Obamacare is illegal (outside U.S. Constitutional bounds) and unjust (wrongly interfering with individual liberty) it is, therefore, as Augustine and Blackstone say below, NO LAW.

More on this below if interested from the Philosophy of Law:

[T]he Overlap Thesis underlies the classical naturalism of Aquinas and Blackstone. As Blackstone describes the thesis, "This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original" (1979, p. 41). In this passage, Blackstone articulates the two claims that constitute the theoretical core of classical naturalism: 1) there can be no legally valid standards that conflict with the natural law; and 2) all valid laws derive what force and authority they have from the natural law. On this view, to paraphrase Augustine, an unjust law is no law at all. http://www.threes.com/index.php?option=com_content&view=article&id=1409:philosophy-of-law&catid=75:philosophy&Itemid=60.

49 posted on 06/28/2012 5:27:49 AM PDT by PapaNew
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To: daler
Ever notice that liberal presidents never seem to make the same type of mistake in their nominees?

That's because the chances are much greater that someone who is still unambiguously liberal by the time he has reached middle age is going to remain liberal and because liberal presidents tend to nominate folks who are unambiguously liberal.
50 posted on 06/28/2012 5:27:53 AM PDT by aruanan
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To: ducttape45

no, it will be the last opinion starting at 10am. Probably not until 1015 or 1030 EDT.


51 posted on 06/28/2012 5:29:08 AM PDT by Perdogg
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To: joe fonebone

Kagan yes because she does not like this country. The wise latino don’t know.


52 posted on 06/28/2012 5:29:08 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: joe fonebone
The arizona ruling was 100% correct...

If you believe that, then the individual mandate will be upheld. From Diana West:

"I find it difficult to regard the Supreme Court decision on Arizona immigration law as just another controversial or disappointing highest court decision. There is something almost post-apocolyptic and certainly pre-totalitarian when, to invoke Justice Scalia's dissent, the Court has ruled that Arizona contradicts federal law by enforcing it. Yes, as Scalia put it, it "boggles the mind."

"It also conjures up truly alarming comparisons with "justice" as meted out by kangaroo courts, show trials and other horrors of totalitarian dictatorships. We understand such criminal acts of going through the motions as sham procedures that have no intention of upholding the rule of law, but rather go forward to entrench an ideology or regime or, usually, both. It is shocking, therefore, to see even a pale reflection of such things in this ruling, the perfect endpiece to President Obama's recent Rose Garden Amnesty. Maybe it's the context of lawlessness and abdication of responsibility we live amid.... In these lawless and irresponsible times, Arizona's immigration law sets a dangerous precedent, demonstrating how both to re-establish the rule of law and take responsibility."

"Is that why, circa 2012, it had to be struck down?

"In April 2010 I wrote Arizona and its immigration law, and, looking back, I realize now I should have known the law was doomed. Why?"

"Arizona suddenly poses an unexpected threat to the status quo of permissible lawlessness, the illegal demographic transformation of this country into a linguistic and cultural extension of Latin America. This out-of-control movement has been tolerated if not facilitated by our political leadership for several decades under the dangerous influence of what we know as multiculturalism, the school of thought that has widely delegitimized U.S. identity altogether. Maybe more than anything else, Arizona's law restores a civic sense that there exists such an identity, and it is, and should be, legally protected. Thus, the multiculti rage."

"Don't let the robes, the perfect spelling, the orderliness fool you: The Supremes' ruling only makes this rage officially the law of the land."

The AZ ruling has destroyed the concept of federalism and made the states administrative units of the central government. Today's decision will add to that precedent.

53 posted on 06/28/2012 5:29:25 AM PDT by kabar
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To: John W

Pins and needles bookmark


54 posted on 06/28/2012 5:30:08 AM PDT by mplsconservative (Impeach Obama Now!)
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To: St_Thomas_Aquinas

If I were writing an editorial tomorrow and this law stands, it would begin like this: Yesterday, June 28, 2012, will live in infamy, the republic was suddenly and deliberately attacked by the democrat party under the auspices of the Empire of Obama.


55 posted on 06/28/2012 5:30:19 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: kabar

Yup I’m with you on this


56 posted on 06/28/2012 5:30:56 AM PDT by Nifster
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To: mike_9958

I’m waiting to see if I continue in my field past 2014 or if I’m looking for another way to support myself....


57 posted on 06/28/2012 5:30:56 AM PDT by Mom MD (T he country needs Obamacare like Nancy Pelosi needs a Halloween mask)
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To: John W

Three decisions today

1. Stolen Valor

2. ????????

3. 0bamacare


58 posted on 06/28/2012 5:31:18 AM PDT by Perdogg
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To: kabar
I am afraid that whatever decision is made will try to cut the baby in half rather than being definitive.

I agree with that, particularly with regard to the ruling on the separability clause. I'm betting the Court will rule that there is an implied separability clause in the law. This despite the obvious will of Congress to strike the clause from earlier draft versions of Obamacare.

The separability clause ruling should be a slam dunk. I'm betting it won't be and we won't be happy about the decision.

59 posted on 06/28/2012 5:31:44 AM PDT by InterceptPoint (TIN)
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To: PapaNew

I think in KISS, keep it silly simple.

Obama failed to qualify as POTUS, everything he thought he had power to do is constitutionally illegal.

Obama care was an illegal act upon America by a fraudster.

Scotus should NOT enforce an illegal act or even support any part of it.

If they do it will further create an image of NO CONFIDENCE of the American society.


60 posted on 06/28/2012 5:33:02 AM PDT by Eye of Unk (Islamoprogressivenists need not reply.)
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