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Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as...

Obamacare threw a nod to the high-risk pools concept as a bridge to 2014, when the law bans insurers from turning customers away on the basis of pre-existing conditions. But the Obamacare pools were poorly designed. “It is clear from the language of the legislation,” wrote Jim Capretta and Tom Miller in National Affairs in 2010, “that these high-risk pool provisions were crudely cobbled together as an afterthought to Obamacare’s other, more sweeping reforms. Little press or public attention was paid to them either before or after the bill passed. As a result, these provisions are likely to exacerbate the...

GAZIMESTAN, PRIŠTINA -- 16 Serb children were injured when Molotov cocktails were thrown at them as they were returning from the Vidovdan ceremonies in Gazimestan on Thursday.A man carries the Serbian flag surrounded by KPS members at Gračanica on Thursday (Tanjug) The attack happened in Priština. B92 has learned that two Serbs received serious injuries and were treated in the nearby enclave on Gračanica. Gračanica Health Care Center Radmila Trajković told Tanjug that they treated 16 Serb children - between eight and 16 years of age - and that they were injured when their buses returning from Gazimestan came under...

I need a break from the grim news today. For Aviation enthusiasts. Enjoy.

24 Hour Fitness Allied Building Inspectors IUOE Local 211 Welfare Fund Alpha Omega Home Health, LLC Andersen Corporation Bowman Sheet Metal Heating & Air-conditioning Bricklayers Insurance & Welfare Fund Bridge, Structural, Ornamental & Reinforcing Ironworkers Local Union No. 60* Carey Johnson Oil Co, Inc Catholic Charities of the Diocese of Albany* Cement Masons' Local No. 502 Welfare Fund City of Bloomington VEBA Health Savings Plan* City of Burnsville* City of Olathe* Clausen Miller PC Crystal Run Village, Inc* Delta Apparel Discovery Benefits* Dr. Trailer Repair, Inc. Employer-Teamsters Local Nos. 175 & 505 Health and Welfare Fund Entrust Fabri-Quilt GC Harvesting,...

Since the government can now demand citizens buy something or else be taxed for it, and we have previously said this on FR but I wanted to re-introduce it, the Republicans should mandate the following taxes. Buy this Or Else Be Taxed: 1. Guns, one per year per family. Tax for not doing so: $1,000. 2. A Bible, one for each family member. Penalty: $1,000 per Bible not purchased.

As you probably know by now, the House of Representatives will vote this afternoon to determine whether U.S. Attorney General Eric Holder is in contempt of Congress for obstruction of the Oversight Committee’s Fast and Furious investigation. While those on the left are trying to spin this vote as election year politicking, the fact remains that it was Mr. Holder’s choice to refuse to produce requested documents for more than a year, stonewalling on every demand. Of course he ended up hiding under the umbrella of that ultimate refuge, President Obama’s grant of Executive Privilege. For me, this is the...

As Team Obama and Democratic leaders spike the football, spit in Liberty's face, and tell us "It's constitutional, bitches!", we need to take a trip in the way-back machine to when when they rammed this pig down our throats in the Summer of 2009, what was the big hurry with having to have it on his desk by August recess? Besides his obviously eroding public support and tanking poll numbers, another reality behind that sense of urgency was betrayed by how the President -per usual- was so selective in just what he wanted you to know about in this monstrous...

The Supreme Court struck down the Stolen Valor Act today, saying that the First Amendment defends a person's right to lie -- even if that person is lying about awards and medals won through military service.

Was today's Supreme Court Obamacare decision a win for conservatives or a loss? It depends on what you were rooting for. If you were above all interested in the bill being struck down, it was mostly a loss. On the other hand, if you were more concerned about the qualitative expansion in the power of the government that the bill represented, it was definitely a win. First, the Roberts Court put real limits on what the government can and cannot do. For starters, it restricted the limits of the Commerce Clause, which does not give the government the power to...

Since the "mandate" is only legal as a tax, the Dept. of H.H.S. can't tell some companies they don't have to pay it. That would have to come out of Congress. The bill was written not as a tax, but a regulatory bill under the C.C., which could then be regulated by the executive branch. But since it's now only legal as a tax...Thoughts?

Editor’s note: this post contains graphic language. Discretion is advised. The current DNC Executive Director, Patrick Gaspard, reacted in an astonishingly profane way to the recent Obamacare ruling of the Supreme Court. And while many are reporting on it, we have the actual tweet:

The following is a transcript of remarks made by presumptive Republican nominee Mitt Romney regarding today's Supreme Court decision to uphold the Patient Protection and Affordable Care Act (a.k.a. Obamacare). As you might imagine, I disagree with the Supreme Court's decision and I agree with the dissent. What the Court did not do on its last day in session, I will do on my first day if elected President of the United States. And that is I will act to repeal Obamacare. Let's make clear that we understand what the Court did and did not do. What the Court did...

Thursday, June 28, 2012 A week after President Obama’s health care law was passed, 54% of voters nationwide wanted to see the law repealed. Now, as the Supreme Court is set to issue a ruling on the law’s constitutionality, the numbers are unchanged: 54% want to see the law repealed. In polls conducted weekly or biweekly for over two years since the law's passage in March 2010, the numbers have barely moved. In fact, for more than a year before the law was passed, a similar majority opposed its passage. The dynamics have remained the same throughout as well. Most...

The Supreme Court has spoken... But the American people have, too. With a large majority of this country against ObamaCare, we are left with one recourse: we must sweep the Congressional and Presidential elections. And not just win, but give a President Romney the 60 votes in the Senate and a large majority in the House. Look, I didn't vote for Romney in the primaries-- and I think that RomneyCare is unconstitutional, too. It's too late for that argument. Either you are going to vote to strike down ObamaCare or you won't. It's that simple. That is why I'm proposing...

Well it’s over. 0bamacare is now law. I agree with Chief Justice Roberts decision to uphold the United States Constitution and Article 1, section 8 which clearly makes it the duty of the Congress to “… lay and collect taxes. …”. My difficulty and objection to 0bamacare was the way it was passed into law and Speaker Pelosi’s remark “… you have to pass the bill in order to find out what’s in it.” which was plain bunk. Personally I didn’t need additional government run health insurance and coverage because I currently have Medicare and VA medical with prescription drug...

I have a special request for everyone.

Also - "Scalia walked into courtroom totally downcast."

I know this is probably posted all wrong. I don't do this often, but this is interesting, so I hope the mods cut me some slack on it. High level conservatives are hearing through back channels that Roberts might support democrats, for some mysterious reason. This is from Rush's discussion of the immigration decision. As always, listen to him, and you get inside info. There may be something more here than meets the eye. RUSH: (on being surprised about Roberts voting against Arizona) I tell you, I'm... Well, actually I'm not and I can't tell you why. I was gonna...