Quotes of the day

posted at 10:44 pm on March 26, 2012 by Allahpundit

“Without exaggeration, the final ruling has the potential to be the most important declaration on how the Constitution divides up power between national and state governments since the New Deal days some three quarters of a century ago. Without exaggeration, it could be the most important pronouncement on the federal ‘safety net’ since the Social Security Act was upheld by the Court in 1937. Without exaggeration, a decision to strike down all or part of the new health law could be the most severe rebuff of Congress’s power over the national economy since the Sick Chicken Case in 1935. And, without exaggeration, a nullification of the Act in whole or in part could be the most devastating blow to presidential power and prestige since the Steel Seizure Case in 1952.

“The law at issue is not directly about civil rights, but for the nation’s working poor, the coming ruling on the law’s validity could be as important to them as a 1938 decision was for racial minorities, essentially starting the modern civil rights revolution. And for individuals who want to be left alone by their government, the final decision may be a reminder of a 1905 decision that first spelled out a theory of individual liberty that, in time, would contribute importantly decades afterward to that same civil rights revolution…

“By week’s end, America will have witnessed — for most people, from afar, because only a couple of hundred seats are available for those who will see it actually happen — a deeply serious and probably quite revealing conversation about the Constitution and what it might mean 225 years after it was written.”

***

“Today’s Supreme Court oral argument transcript suggests that many of the justices, including at least three of the liberals, are skeptical of claims that the individual mandate is a tax. This is important not only for today’s argument about the applicability of the Anti-Injunction Act (which probably does not apply if the mandate penalty is not a tax), but to tomorrow’s argument about the constitutionality of the mandate. The federal government has argued that the mandate is constitutional because it is an exercise of Congress’ power under the Tax Clause. Lower courts have almost uniformly rejected this constitutional tax argument, and today’s questioning suggests that the Supreme Court is unlikely to accept it either.

“Justice Stephen Breyer suggested that the mandate is not a tax because ‘Congress has nowhere used the word ”tax.” Justice Ginsburg noted that the mandate may not be a tax because it isn’t a ‘revenue-raising measure,’ and because the monetary penalty is separable from the mandate itself. Justice Sotomayor also expressed doubts about whether the mandate is a tax, as did several for the conservative justices. As far as I can tell, none of the justices seemed to support the argument that the mandate is a tax.

“Thus, today’s events do not bode well for the federal government’s constitutional tax argument.”

***

“‘The idea that the mandate is something separate from whether you want to call it a penalty or tax just doesn’t seem to make much sense,’ Roberts said, over strong objections from attorney Gregory Katsas. ‘It’s a command. A mandate is a command. If there is nothing behind the command, it’s sort of, well what happens if you don’t file the mandate? And the answer is nothing. It seems very artificial to separate the punishment from the crime. … Why would you have a requirement that is completely toothless? You know, buy insurance or else. Or else what? Or else nothing.’

“That wasn’t what the challengers wanted to hear. A key feature of their argument is that the individual mandate is distinct from the fine the government will assess on people who fail to purchase insurance. They say the case isn’t about Congress’ power to tax or penalize people but rather about its power to force people to take actions they may not want to take. Roberts dismissed this distinction.

“The question now is how far-reaching the implications of that dismissal are. It’s possible that Roberts was linking the mandate and its enforcement mechanism for the purpose of answering a much narrower question — that it wasn’t a tip-of-the-hand at all. But if the two measures are linked, then the court could easily conclude they both stem from the same power, and give them the green light.”

***

“The survey asked former Supreme Court clerks and lawyers who have argued cases before the Court to assess the probability, on a scale from zero to 100 percent, that the Justices would strike down the law’s mandates on individuals to purchase health insurance or its provisions expanding eligibility for Medicaid to millions of more uninsured adults.

“[A]ll three groups of former clerks-even those who had worked for the Court’s conservative block-said the odds that the Justices would uphold the mandate was well above 50 percent. Lawyers who have argued before the Court said there was a 36 percent probability the Justices would strike down the mandate, about the same as the clerks overall.

“‘I don’t think this case will be nearly as close a case as conventional wisdom now has it,’ one respondent noted in an open-ended comment. ‘I think the Court will uphold the statute by a lopsided majority.’”

***

“The Supreme Court ruling on health care just may not be such a big deal in campaign 2012 after all.

“Most Americans have already formed an opinion of the Obama health care law, and a Supreme Court ruling isn’t going to change that…

“Since August 2009, ABC/Washington Post polling has asked Americans whether they support or oppose changes to the health care system that have been enacted by Congress and the Obama administration. At no point has the ‘support’ hit 50 percent. Yet, opposition has also hovered in the same narrow range – somewhere between 48 percent to 52 percent…

“For many Americans, the real frustration about the health care law is that the debate over it consumed far too much time and energy in Washington, time and energy that they believe should have been spent trying to fix the economy.”

***

“Think of the advantage that this situation gives Romney: Even if the health care law is ruled constitutional, legitimate political questions remain because it is not fully operative for two more years. Only ‘Romneycare’ is a public-private-sector plan in full operation, praised by his opponents — like Massachusetts Gov. Deval Patrick, a top Obama ally. By embracing a role for government in addressing health care, Romney has neutralized traditional winning Democratic arguments.

“The Obama campaign has one overriding aim — paint any GOP nominee as out of touch with the problems facing average Americans. ‘Romneycare’ presents a problem for this narrative. If the former head of Bain Capital is allegedly the ‘same ole’ GOP rich guy worshipping at the altar of social Darwinism, how does the ‘compassionate party’ explain away using ‘Romneycare’ as a model?

“The conservative elite predicted the health care issue would sink Romney. But GOP primary voters have not rebelled. Indeed, they are clearing the path for Romney’s eventual nomination. We see a message here. Republican voters understand ‘Romneycare’ has flaws and isn’t ideologically doctrinaire. But the elite don’t face the same problems as the many GOP voters who see Romney as a pragmatic governor who tried to solve a pressing problem facing his state.”

***


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Peeks out from under blankie, tell me is it over yet?

MontanaMmmm on March 27, 2012 at 1:59 AM

Nope

Gohawgs on March 27, 2012 at 2:03 AM

I miss Rick PerrY!!..:)

Dire Straits on March 27, 2012 at 1:59 AM

Yep, Ricks on the trail of tears. Along with a bunch of other fine folks.

Bmore on March 27, 2012 at 2:03 AM

Fastest I have ever been in a quarter mile was a goat 168mph.

Bmore on March 27, 2012 at 2:00 AM

Forty plus years later and those cars still appeal to everyone from 14 to 80 except green stinky commie fairies.

arnold ziffel on March 27, 2012 at 2:05 AM

arnold ziffel on March 27, 2012 at 2:01 AM

LOL! I’ll have to remember that.

Bmore on March 27, 2012 at 2:05 AM

Dire Straits on March 27, 2012 at 2:02 AM

I wish! If I made a list of all the cool cars we have owned and got rid of, we would all just sit around and cry the night away.

Cindy Munford on March 27, 2012 at 2:05 AM

My first car was a 1971 Olds Delta 88. That thing was a tank! I miss her.

JannyMae on March 27, 2012 at 2:08 AM

I’m going to take the puppies out one last time and hit the hay. Good night everyone, sweet dreams.

Cindy Munford on March 27, 2012 at 2:09 AM

The Husband was driving a 1966 GTO when we started dating.

Cindy Munford on March 27, 2012 at 1:56 AM

In my opinion, the 66-67 two prettiest years.

http://www.youtube.com/watch?v=o_FSicQWimU

arnold ziffel on March 27, 2012 at 2:09 AM

Cindy Munford on March 27, 2012 at 2:05 AM

I understand!!..:)

Dire Straits on March 27, 2012 at 2:13 AM

I’m going to take the puppies out one last time and hit the hay. Good night everyone, sweet dreams.

Cindy Munford on March 27, 2012 at 2:09 AM

Night Cindy. I wanted to hear more about the GTO—maybe tomorrow. :)

arnold ziffel on March 27, 2012 at 2:14 AM

Peeks out from under blankie, tell me is it over yet?

MontanaMmmm on March 27, 2012 at 1:59 AM

Feeling it tonight I see. Hate to spoil your funk. Nothing until maybe tomorrow.

Bmore on March 27, 2012 at 2:17 AM

My wife works for our county hospital (CA) determining if kids are eligible for certain medical procedures and whose jurisdiction they come under. The “poor” are smothering us. She tells me stories and I tell her “stop you’re killing me, I’ve already had my fill from reading HA”.

arnold ziffel on March 27, 2012 at 1:45 AM

When I was at St. Anne’s hospital in Chicago (they have long since closed) we would have (uninsured) women in labor, with no prenatal care, who would wait until the very last minute, to show up at the ER, hoping that there wouldn’t be time for us to send them over to CRook County hospital. As you might imagine, it made for some interesting situations. Most of the time the outcomes were okay…..

JannyMae on March 27, 2012 at 2:17 AM

I understand!!..:)

Dire Straits on March 27, 2012 at 2:13 AM

As much as I liked the muscle cars and still do, the cars they have now are really marvels of technology.
I had a 1968 Camaro RS 327. Nice car. Got out of the Army 74 and it didn’t have AC and I was thinking of selling it. An old fart hit me and totaled it and made the decision for me. They were just starting to keep their collector value and I got boned since I only had minimal required insurance.

arnold ziffel on March 27, 2012 at 2:20 AM

My first car was a 1971 Olds Delta 88. That thing was a tank! I miss her.

JannyMae on March 27, 2012 at 2:08 AM

Nice they were truly tanks. My first was the polar opposite 70 MGB, rag top.

Bmore on March 27, 2012 at 2:21 AM

Most of the time the outcomes were okay…..

JannyMae on March 27, 2012 at 2:17 AM

You were able to dump the pt. in time on the other hospital?
If I ran the show I’d have transport waiting right outside the hall door.

arnold ziffel on March 27, 2012 at 2:22 AM

arnold ziffel on March 27, 2012 at 2:20 AM

I feel your pain..My brother managed to wreck 2 vintage mustangs..:)

Dire Straits on March 27, 2012 at 2:22 AM

…and how then do we defend ourselves peacefully from our own government when we cannot count on the supreme court to do the right thing? First this, then we won’t be able to speak freely, or deny king farouk obama his life time presidency. I can imagine the painfully righteous and scared crapless smile on all those tinfoil hat wearing paranoids we’ve made fun of. They’ll have been right and we’ll all be screwed.

I don’t think it’s paranoid to imagine where this is going to go if barry wins this fight and the one in November. It’s going to get really, really ugly.

Wolfmoon on March 27, 2012 at 2:23 AM

70 MGB, rag top.

Bmore on March 27, 2012 at 2:21 AM

I hope yours was more mechanically sound than mine and a friends 1975 models.

arnold ziffel on March 27, 2012 at 2:23 AM

Feeling it tonight I see. Hate to spoil your funk. Nothing until maybe tomorrow.

Bmore on March 27, 2012 at 2:17 AM

I just want ObamaCare to be stopped.

MontanaMmmm on March 27, 2012 at 2:25 AM

I feel your pain..My brother managed to wreck 2 vintage mustangs..:)

Dire Straits on March 27, 2012 at 2:22 AM

Please tell me they were his and not yours. Because my brother would only get a crack at one.

arnold ziffel on March 27, 2012 at 2:26 AM

All you people that miss Rick Perry, where were you during the primaries?

Omega_Rage on March 27, 2012 at 2:28 AM

Wolfmoon on March 27, 2012 at 2:23 AM

I just want ObamaCare to be stopped.

MontanaMmmm on March 27, 2012 at 2:25 AM

I am so po’d that this entire Ocare was shoved up our butts and the dems just said “take it”. It was unpopular from the very beginning and they used all sorts of machinations to get it through. Just awful. The media then runs stories about how SCOTUS shouldn’t be pressured. Where do we get relief?

arnold ziffel on March 27, 2012 at 2:30 AM

I hope yours was more mechanically sound than mine and a friends 1975 models.

arnold ziffel on March 27, 2012 at 2:23 AM

It was perfect! Didn’t stop me from taking apart and putting it back together though. I was curious. I did love that little car. Good times! Wild Times! When I moved up to NYC I took it with me. Every night at 1:00 I had to go out and change sides of the street. That was the rule. It was easy to fit in small places. Funny now that I think back on it. : )

Bmore on March 27, 2012 at 2:31 AM

arnold ziffel on March 27, 2012 at 2:26 AM

lolz..They were his..But I would have got the hand me downs!!..:)

Dire Straits on March 27, 2012 at 2:31 AM

MontanaMmmm on March 27, 2012 at 2:25 AM

Hear!..Hear!..:)

Dire Straits on March 27, 2012 at 2:33 AM

I just want ObamaCare to be stopped.

MontanaMmmm on March 27, 2012 at 2:25 AM

Yep, most all us do.

Bmore on March 27, 2012 at 2:33 AM

Bmore on March 27, 2012 at 2:31 AM

Do you know why the English like warm beer? Because Lucas electric didn’t make a very good refrigerator.

arnold ziffel on March 27, 2012 at 2:36 AM

Dire Straits on March 27, 2012 at 2:33 AM
Bmore on March 27, 2012 at 2:33 AM
arnold ziffel on March 27, 2012 at 2:36 AM

I’ve got one of these (the square bird) in the drive, any
takers?

http://www.youtube.com/watch?v=myaqD_NfKoQ&feature=player_embedded

MontanaMmmm on March 27, 2012 at 2:42 AM

Just popped in for a sec, bad Monday, I got my 1967 chevelle SS 427 sitting in the garage right now. I drive it every year while I restore it. Gold with a black top, and fast as heck!!;-)

angrymike on March 27, 2012 at 2:42 AM

Here is a good song

http://www.youtube.com/watch?v=5M0nKL8NFJc

arnold ziffel on March 27, 2012 at 2:44 AM

Well folks, time for me to hit the hay. I’m having trouble typing. Chainsaw work all day tomorrow. Keep your fingers crossed the Courts give us satisfaction. If not well probably some of this.

Good Night All.

Bmore on March 27, 2012 at 2:45 AM

http://www.youtube.com/watch?v=myaqD_NfKoQ&feature=player_embedded

MontanaMmmm on March 27, 2012 at 2:42 AM

That was very nice. Makes me long for the good old days. I sent Ann Margaret a fan letter back in 1960.

arnold ziffel on March 27, 2012 at 2:47 AM

I’m out – nite:)

MontanaMmmm on March 27, 2012 at 2:48 AM

Good Night All.

Bmore on March 27, 2012 at 2:45 AM

Night Bmore. We won’t be crying a river either. There will be some mad mofos though.

arnold ziffel on March 27, 2012 at 2:48 AM

I’ve got one of these (the square bird) in the drive, any
takers?

http://www.youtube.com/watch?v=myaqD_NfKoQ&feature=player_embedded

MontanaMmmm on March 27, 2012 at 2:42 AM

Beauty. Your not going to give it up are you?

Bmore on March 27, 2012 at 2:48 AM

You were able to dump the pt. in time on the other hospital?
If I ran the show I’d have transport waiting right outside the hall door.

arnold ziffel on March 27, 2012 at 2:22 AM

Sometimes we could, but most times not. It was quite a ways to County from there. I did some of my nurse’s training at County. I had some very interesting experiences there, especially neonatal intensive care.

JannyMae on March 27, 2012 at 2:49 AM

There will be some mad mofos though.

arnold ziffel on March 27, 2012 at 2:48 AM

I know. Just like Julie. ; ) Good night arnold.

Bmore on March 27, 2012 at 2:50 AM

Beauty. Your not going to give it up are you?

Bmore on March 27, 2012 at 2:48 AM

Hate to, kind of need to…. but I delay, delay, delay.

I’ll see you all 2morrow.

MontanaMmmm on March 27, 2012 at 2:53 AM

Well back to bed, night all!!!

angrymike on March 27, 2012 at 2:53 AM

70 MGB, rag top.

Bmore on March 27, 2012 at 2:21 AM

I had to find a picture of that one, to make sure I knew what is was. Nice car! The hubby is driving a ’97 Sebring convertible. She’s got over a hundred thousand miles on her, and she’s on her way out. :(

Well, approaching midnight. See you dudes and dudettes later….

JannyMae on March 27, 2012 at 2:54 AM

JannyMae on March 27, 2012 at 2:54 AM

Here is you a tune..:)

Dire Straits on March 27, 2012 at 3:39 AM

What will King Obama say if this is overturned by SCOTUS?

JPeterman on March 26, 2012 at 10:48 PM

Judging from his actions of late I wouldn’t be surprised if he said, “eff ‘em, I guess they’ve never heard of an executive order.”

Flora Duh on March 27, 2012 at 6:02 AM

My first car was a 1971 Olds Delta 88. That thing was a tank! I miss her.

JannyMae on March 27, 2012 at 2:08 AM

People like to think that buuuut…
http://www.youtube.com/watch?v=xtxd27jlZ_g

Cars today are lighter, faster, and much safer than older cars.

Cars today are designed to shatter around the driver, but to keep the driver safe and protected in a cage, on the theory it’s cheaper to replace the car than to replace the driver.

apollyonbob on March 27, 2012 at 6:17 AM

Good morning, all. Have you read this yet?
http://spectator.org/archives/2012/03/27/the-plot-to-get-rush

onlineanalyst on March 27, 2012 at 6:38 AM

Good Morning!

cmsinaz on March 27, 2012 at 6:44 AM

Flora Duh on March 27, 2012 at 6:02 AM

yup

cmsinaz on March 27, 2012 at 6:45 AM

onlineanalyst on March 27, 2012 at 6:38 AM

interesting

cmsinaz on March 27, 2012 at 6:52 AM

All you people that miss Rick Perry, where were you during the primaries?

Omega_Rage on March 27, 2012 at 2:28 AM

He dropped out after Iowa. What were they supposed to do?

Kelligan on March 27, 2012 at 6:55 AM

He dropped out after Iowa. What were they supposed to do?

Kelligan on March 27, 2012 at 6:55 AM

thank you…didn’t have a chance

we need just 1 or 2 primary days so that everyone gets a chance

cmsinaz on March 27, 2012 at 7:23 AM

onlineanalyst
great read, emailed to some leftys, maybe they’ll wake-up, doubtful though.

angrymike on March 27, 2012 at 7:52 AM

why doesn’t ANYONE bring up the fact of the 1000+ waivers that folks (unions) have racked up AGAINST obamacare…

c’mon conservative talking heads, DO YOUR JOB!

cmsinaz on March 27, 2012 at 7:58 AM

c’mon conservative talking heads, DO YOUR JOB!

cmsinaz on March 27, 2012 at 7:58 AM

i remember hannity going on and on about how big 2012 was going to be. he hinted at something big. nothing panned out. all he does is scream. rush is a bit better. but still. they have no effect. they just talk. big deal. the left still keeps taking us over.

its us. gathering. going online. fighting on.

renalin on March 27, 2012 at 8:02 AM

its us. gathering. going online. fighting on.

renalin on March 27, 2012 at 8:02 AM

apparently

cmsinaz on March 27, 2012 at 8:04 AM

“Most Americans have already formed an opinion of the Obama health care law, and a Supreme Court ruling isn’t going to change that…

No kidding, Dick Tracy. But that’s not why we look to the Supreme Court – to. Hangs people’s opinions -it’s to prevent one of the other branches of government from overreaching its authority.

“For many Americans, in the Mainstream Media, the real frustration about the health care law is that the debate over it consumed far too much time and energy in Washington, time and energy that they believe should have been spent trying to fix the economy.”

Cleombrotus on March 27, 2012 at 8:05 AM

I think the quote of the day came from Alito who pointed out that the the government spent yesterday arguing that Obamacare was a tax (in order to invoke a three year delay in legal consideration). Today when the focus shifts to the individual mandate, the government will argue that this is not a tax (in order to justify this unprecedented use of the commerce clause).

Happy Nomad on March 27, 2012 at 8:35 AM

Now that Lapland surgery for obesity has been shown to help curb diabetes, my question is just how many lap bands will WE be forced to pay for, should this pass the SCOTUS muster?
To keep down ‘health costs’ of diabetes ???? Wait, what ?
Can you just imagine ??

pambi on March 27, 2012 at 9:28 AM

I got a DNC/Elect Obama solicitation in the mail on Friday, with my real name on it. I’ve never given anything to the DNC, nor visited/registered at any Obama websites.

I also move about every 6 months and receive my bills etc via e-mail.

I wrote a nasty note on the form (which had my name on it) put it in the prepaid envelope and then chickened out mailing because I was afraid of losing my citizenship, the IRS, etc.

How sick is that?

JPeterman on March 27, 2012 at 12:04 AM

I get those, too. And I have never given anything to the DNC, or registered at any Obama websites.

But because I’m afraid of the government, what I do is just crumple the pic of Obama and return it in the envelope.

When AARP sends me requests to sign up, I just tear off the bottom of the letter that has no identifying info, and write on it how the AARP can forget it, since they sold us out to Obamacare.

However, in that case, I’m not removing the identifying info because I’m afraid of the them. I do it so they won’t stop sending me the solicitations and I can keep giving them a piece of my mind and also costing them postage.

Alana on March 27, 2012 at 11:48 AM

Looks like prayers can work … ?
Mandate in beg trouble, according to reports at the scene…
http://www.businessinsider.com/people-are-saying-that-obamas-healthcare-law-got-massacred-in-the-supreme-court-today-2012-3

pambi on March 27, 2012 at 1:01 PM

Rush is covering the shock on the left over the possible objections in the arguments today.
Cautions against rejoicing, yet, which I fully understand.
Never, never stop praying !!!!

pambi on March 27, 2012 at 1:11 PM

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