Posted on 03/04/2015 2:53:41 PM PST by DoodleDawg
Supreme Court Justice Antonin Scalia seems to have faith that Congress would fix Obamacare if the Court weakens itbut not so much faith in the Congress that wrote the law in the first place.
Solicitor General Donald Verrilli, arguing on behalf of the Obama administration, warned the Court during oral arguments in King v. Burwell on Wednesday that a ruling invalidating Obamacare's insurance subsidies in most of the country would have disastrous consequences. Premiums would skyrocket, millions of people would lose their coverage, and many states' individual insurance markets could descend into chaos, he said.
But Scalia wasn't sure it would be that bad.
"What about Congress? You really think Congress is just going to sit there while all of these disastrous consequences ensue?" he asked Verrilli. "I mean, how often have we come out with a decision [and] Congress adjustsenacts a statute that takes care of the problem? It happens all the time. Why is that not going to happen here?"
"This Congress, your honor?" Verrilli replied. "Of course, theoretically, they could."
(Excerpt) Read more at nationaljournal.com ...
The point isn’t that the Congress in inept,the point is that it’s Congress’s responsibility to deal with it.
Here is the problem Mr. Scalia. The Establishment Republicans WANT Obamacare, because their big money overlords want to shift the burden onto the taxpayer. I can’t believe he doesn’t know this!
The bill is written in English. That is what has them confused.
Hugh AND series.
The Taxpayers that are appalled at this action File Suit and the SCOTUS agrees to hear their case. One Justice, a former ACLU Lawyer says the Taxpayers who Filed Suit have no standing.
The Solicitor Generals argument to the Court is if they Rule Against the Government, all those Instant Millionaires will be harmed since they won't get to keep the Money.
Yep, got it....
Lol, good one.
“”This is not the most elegantly drafted statute,” he said. “It was pushed through on expedited procedures and didn’t have the kind of consideration by a conference committee, for example, that statutes usually do. What would be so surprising if, among its other imperfections, there is the imperfection that what the states have to do is not obvious enough? It doesn’t strike me as inconceivable.”
A slap to how quickly this thing was pushed through. Pelosi and Reed and Obama should be embarrassed.
In the first place, if a law has been ruled unconstitutional then they can't extend it. Unconstitutional is unconstitutional and that's the end of it.
In the second place, Congress come up with a bill to change the ACA in 60 days? Seriously? I doubt the Republicans could unite behind a solution within 60 days much less obtain closure and pass it through the Senate.
I hope he was kidding.
The fact is that if Congress wasn't inept then they wouldn't have come up with this monstrosity in the first place. And they're certainly too divided to fix it.
Yes, the rest of us pony-ing up for other people's (more) expensive Obamacare is infuriating; however, I was confused by this reasoning for another reason:
The reason they are having this argument at the SCOTUS is because the bill is badly written. If the people pushing this monstrosity had wanted all people in all states to get a subsidy; why did they write this language into it? Why not clearly state that?
Well, they wanted the States to do this, not the Feds; but, (surprisingly) a lot of States opted out of it. So, now we are at the SCOTUS and they are also trying to figure out this very loose language.
The bill is badly written. It needs a stake thru it's heart, and then burn it.
Well said.
FR: Never Accept the Premise of Your Opponents Argument
I hope that Justice Scalia didnt pay for his Harvard Law School indoctrination out of his own pocket.
As noted in related threads, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes.
NPR: A Ruling Against Obamacare Would Have Broad Implications http://www.freerepublic.com/focus/news/3264252/posts?page=34#34
If misguided Justice Scalia really wants Congress to have the constitutional authority that it needs to tax and spend for intrastate healthcare purposes then he must do the following.
Scalia must encourage Congress to propose a healthcare amendment to the Constitution to the states for ratification. And if the states choose to ratify Scalias amendment then Congress will have the constitutional authority that it needs to regulate, tax and spend for intrastate healthcare purposes and Scalia will be a hero.
A pretty succinct description of the Obamacare rollout.
“Then Obama will have a choice of yielding to what the Republicans want, or leaving millions of people without health insurance. Either way, theyve got him right where they want him.”
That’s what we always think. Yet they cave every time. Even when in the majority, they act as if they are the minority party.
If a Judge follows the law he cannot even consider the other consequences of his decision. His only interest is supposed to be in upholding the law. Any judge who does not follow the law is a lawless political Hack at the very least. And in the case of Roberts- An outright traitor.
The courts are now just as inept as Congress.
You forgot about the other “Justice” whose previous government job was selling and defending the Milliomaire Maker Law in court.
With all due respect the 10th amendment does not say that all powers not delegated to the Federal government belong to the states, nor do states delegate powers, the people delegate power (either to the States or to the Fed).
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