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CNN's Toobin: No trainwrecks at Supreme Court
The Hill ^ | 03/04/2015 | David McCabe

Posted on 03/04/2015 9:47:45 AM PST by E. Pluribus Unum

Supreme Court Chief Justice John Roberts’s views of a key ObamaCare case argued on Wednesday are “a mystery,” according to CNN legal analyst Jeffrey Toobin.

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Toobin remarked that Roberts said nearly nothing during Wednesday’s oral arguments on whether people who buy ObamaCare on state health exchanges can be given federal subsidies.

“Kennedy’s vote I would not put clearly in one camp or the other,” Toobin said on CNN. “Roberts is almost entirely a mystery.”

If the justices rule against the federal government, about 8 million people could lose subsidies that help them buy health insurance.

Toobin called Roberts’s relative silence “unusual.”

“The chief justice is usually one of the most active questioners,” he said

The CNN analyst made news in 2012 when the Supreme Court considered ObamaCare’s constitutionality.

He argued that Solicitor General Donald Verrilli had argued so poorly in favor of ObamaCare that the Supreme Court would gut the law, describing the performance as a “train wreck.”

In the end, the court ruled 5-4 in favor of Verrilli and the federal government, with Roberts casting the decisive vote.

On Wednesday, Toobin tweeted about his past remarks.



TOPICS: News/Current Events
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1 posted on 03/04/2015 9:47:45 AM PST by E. Pluribus Unum
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To: E. Pluribus Unum
Oh, they want their Messiah to succeed so much!

The funny thing is, he thinks they're a bunch of fools. He doesn't even hide it.

2 posted on 03/04/2015 9:49:46 AM PST by Steely Tom (Vote GOP for A Slower Handbasket)
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To: E. Pluribus Unum

Let hope Roberts wakes the hell up this time.


3 posted on 03/04/2015 9:50:02 AM PST by skeeter
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To: E. Pluribus Unum
"Posterity! you will never know how much it cost the present generation to preserve your freedom! I hope you will make a good use of it. If you do not, I shall repent in Heaven that I ever took half the pains to preserve it." - John Adams, Letter to Abigail Adams, 1777

What an awesome responsibility the Justices of the Year 2015 have to Adams and the other Framers of America's Constitution "make good use" of the opportunity they have now to "preserve" freedom for future generations!

If they "do not," then history will record their action as a betrayal of the trust of all the brave men and women who have been willing to sacrifice everything for freedom's cause--from 1776 to now.

May they feel the heavy cloak of responsibility they bear for the freedom of those future generations, and may their opinions recall those ideas of individual liberty so beautifully articulated by the Framers of the Constitution they are sworn to uphold.

"On every question of construction, let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed." - Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.

4 posted on 03/04/2015 9:50:35 AM PST by loveliberty2
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To: E. Pluribus Unum

As long as Chief Injustice Roberts wants to remain in the closet and keep the kids he adopted through unusual circumstances, Obamacare will be upheld.


5 posted on 03/04/2015 9:51:37 AM PST by peyton randolph (Good intentions do not excuse poor results.)
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To: skeeter

Obama has got the goods on Roberts.


6 posted on 03/04/2015 9:51:53 AM PST by dragonblustar (Philippians 2:10)
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To: E. Pluribus Unum

“Toobin called Roberts’s relative silence “unusual.”

He’s already made his decision.


7 posted on 03/04/2015 9:54:54 AM PST by headstamp 2
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To: E. Pluribus Unum

Law 101—the Court cannot make you a better contract.

The SC cannot divine the intention of Congress—the wording is the wording. If Congress wanted something else, they need to have stated it differently.

If the SC gets this basic tenet wrong, Congress will have to correct the decision, which, under the Constitution, they have every right to do.


8 posted on 03/04/2015 9:55:42 AM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: skeeter

Takes a lot to convert a liberal.


9 posted on 03/04/2015 9:56:27 AM PST by Olog-hai
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To: E. Pluribus Unum
Kennedy is an almost sure vote for the legality of the subsidies. He is a Bush Conservative who believes in conservative principles except when they conflict with his blinkered view of compassion. The perceived compassionate response to a small nưmber of people is more important than irreparable harm to all the others and to the entire system. Kennedy is truly an intellectual cretin and Roberts has shown himself to be hamhandedly corrupt. There is probably a 6-3 msjority against the law and the Constitution. Perhaps it will be 5-4 if Roberts uses Kennedy's vote as an excuse to come down on the "conservative" side without spoiling the result for the State.
10 posted on 03/04/2015 9:56:33 AM PST by arthurus (it's true!)
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To: dragonblustar

” Obama has got the goods on Roberts.”

Or Roberts is indeed a statist turncoat hand picked by Dubya.


11 posted on 03/04/2015 9:57:27 AM PST by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: E. Pluribus Unum

The law plainly states that only State Exchanges can provide subsidies. And all of the background evidence, particularly that of Jon Gruber describing how they were trying to force republican governors into setting up exchanges in their respective states, clearly shows that the architects of this monstrosity wanted the State Exchanges and NOT the Federal Exchanges to be able to offer subsidies.

If this case goes the wrong way, I’m going to move to a country with a better understanding of democratic principles, like, maybe, Venezuela.


12 posted on 03/04/2015 9:58:43 AM PST by TruthShallSetYouFree (Islamists are excused from their crimes because of The Crusades. Moral equivalence in action.)
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To: E. Pluribus Unum

SCOTUS is EXEMPT.

Their families and Staff and their families are EXEMPT.

EXEMPT SCOTUS has urinated on the Constitution from
their very first ex parte meeting with their Lord
who made them EXEMPT.


13 posted on 03/04/2015 10:02:01 AM PST by Diogenesis ("When a crime is unpunished, the world is unbalanced.")
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To: skeeter

I can’t figure out if Roberts has been threatened or he’s taking bribes.


14 posted on 03/04/2015 10:03:11 AM PST by fatnotlazy
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To: E. Pluribus Unum

Let’s keep this easy. They write a Law. Pass this Law. Made a Major Error to the very Key point in said Law. Now we have to ask the SCOTUS, well, basically, what did we actually mean. Really Folks???? Did the States that refused this crap get a say at SCOTUS? It was meant to punish those States, and they held firm.... It’s only Bizzarro world when you let it be!


15 posted on 03/04/2015 10:04:00 AM PST by WorksinKOP
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To: fatnotlazy

All I know is Roberts WAS one of the very few reasons I was grateful for the Bush administration.


16 posted on 03/04/2015 10:04:37 AM PST by skeeter
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To: fatnotlazy

Blackmailed most likely......................


17 posted on 03/04/2015 10:08:02 AM PST by Red Badger (If you compromise with evil, you just get more evil..........................)
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To: skeeter

If Roberts was blackmailed into that tortured ruling last time, nothing will have changed. Hence, his silence.


18 posted on 03/04/2015 10:08:11 AM PST by txrefugee
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To: fatnotlazy

I can’t figure out if Roberts has been threatened or he’s taking bribes.


Maybe both?


19 posted on 03/04/2015 10:08:30 AM PST by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: E. Pluribus Unum
I don't see Roberts' silence as good news, but maybe I'll be mistaken. It makes me think that he is simply listening to figure out how to keep the subsidies in place.
20 posted on 03/04/2015 10:08:50 AM PST by Major Matt Mason ("Journalism is dead. All news is suspect." - Noamie)
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