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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Comment pages: 1 2 3

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

JPeterman on March 26, 2012 at 10:48 PM

Freedom!!!!

Electrongod on March 26, 2012 at 10:48 PM

Third!

vegconservative on March 26, 2012 at 10:49 PM

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

JPeterman on March 26, 2012 at 10:48 PM

The same thing he said about the Supremes during that SOTU address…

Electrongod on March 26, 2012 at 10:49 PM

“Reports of my demise have been greatly exagerated.” ~ GOP enthusiasm

Roy Rogers on March 26, 2012 at 10:49 PM

Either way, this case is a BFD…

Gohawgs on March 26, 2012 at 10:49 PM

Gee, Barry, wish you wouldn’t have mocked the Supreme Court at your State of the Union, huh?

John the Libertarian on March 26, 2012 at 10:49 PM

The same thing he said about the Supremes during that SOTU address…

Electrongod on March 26, 2012 at 10:49 PM

Or perhaps SCOTUS “acted stupidly”?

JPeterman on March 26, 2012 at 10:50 PM

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

JPeterman on March 26, 2012 at 10:48 PM

Unprecedented right wing judicial activism blah blah corporate jet owners blah blah pre-existing conditions blah blah hijacking democracy.

El_Terrible on March 26, 2012 at 10:50 PM

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

JPeterman on March 26, 2012 at 10:48 PM

Let’s just hope and pray that it gets overturned..:)

Dire Straits on March 26, 2012 at 10:52 PM

O/T…Moment of Truth…..good be!!
———————————–

S. Korean official:
********************

North Korea moves long-range rocket to launch pad

Submitted 12 mins ago
http://www.breakingnews.com/
=============================

canopfor on March 26, 2012 at 10:51 PM

canopfor on March 26, 2012 at 10:52 PM

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

JPeterman on March 26, 2012 at 10:48 PM

“Off with their heads!”

squint on March 26, 2012 at 10:53 PM

Either way, this case is a BFD…

Gohawgs on March 26, 2012 at 10:49 PM

+ 100..Yes it is..:)

Dire Straits on March 26, 2012 at 10:53 PM

“‘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.’”

If Alito & Roberts vote to uphold Obamacare, W loses his last great conservative legacy.

Rogue on March 26, 2012 at 10:53 PM

Kennedy has to have some integrity. This has to be struck down… all of it. If there’s any bit of sanity in Kennedy’s mind, this whole bill will be up in smoke in June.

El_Terrible on March 26, 2012 at 10:54 PM

Let’s just hope and pray that it gets overturned..:)

Dire Straits on March 26, 2012 at 10:52 PM

Can’t argue with that!!!

Electrongod on March 26, 2012 at 10:54 PM

John the Libertarian on March 26, 2012 at 10:49 PM

Lolz..IMHO I really don’t think he cares one way or the other..:)

Dire Straits on March 26, 2012 at 10:55 PM

Just throwing this out there. There were reports of Sotomayor and Sebelius dining at the same DC restaurant tonight. Not clear if it was together or just same restaurant.

MeatHeadinCA on March 26, 2012 at 10:55 PM

TWT Video: Health care debate outside Supreme Court
Uploaded by washingtontimes on Mar 26, 2012
*******************************************

http://www.washingtontimes.com Tea Party Patriots hold photos of commentator Andrew Breitbart as they debate health insurance during a rally against what they call “obamacare” in front of the U.S. Supreme Court building as the court hears oral arguments on the challenges to the Affordable Care Act
==========================================

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

canopfor on March 26, 2012 at 7:56 PM

canopfor on March 26, 2012 at 10:55 PM

If Alito & Roberts vote to uphold Obamacare, W loses his last great conservative legacy.

Rogue on March 26, 2012 at 10:53 PM

Boy, isn’t that the truth!

MeatHeadinCA on March 26, 2012 at 10:55 PM

canopfor on March 26, 2012 at 10:52 PM

This is not good..:(

Dire Straits on March 26, 2012 at 10:55 PM

If it’s upheld, can we effectively declare the Constitution and our experiment in Limited government dead?

Chip on March 26, 2012 at 10:56 PM

WTH do we do if it is upheld…?

d1carter on March 26, 2012 at 10:57 PM

If Alito & Roberts vote to uphold Obamacare, W loses his last great conservative legacy.

Rogue on March 26, 2012 at 10:53 PM

Boy, isn’t that the truth!

MeatHeadinCA on March 26, 2012 at 10:55 PM

I don’t see Alito and Roberts voting to uphold the individual mandate..Do You??..:)

Dire Straits on March 26, 2012 at 10:57 PM

Let’s just hope and pray that it gets overturned..:)

Dire Straits on March 26, 2012 at 10:52 PM
——————————————

Can’t argue with that!!!

Electrongod on March 26, 2012 at 10:54 PM

Electrongod:Amen,also, on that!:)

canopfor on March 26, 2012 at 10:58 PM

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

JPeterman on March 26, 2012 at 10:48 PM

The same thing he said about the Supremes during that SOTU address…

Electrongod on March 26, 2012 at 10:49 PM

The entire US Constitutional system acted stupidly.

Paul-Cincy on March 26, 2012 at 10:58 PM

Prayers to the SCOTUS…

This may eclipse Roe v. Wade as the most important decision in my lifetime…

Khun Joe on March 26, 2012 at 10:58 PM

Let’s just hope and pray that it gets overturned..:)

Dire Straits on March 26, 2012 at 10:52 PM

And that King Obama is overthrown in November. Those open mic comments today by the King to the Puppet really have me spooked.

JPeterman on March 26, 2012 at 10:59 PM

I don’t see Alito and Roberts voting to uphold the individual mandate..Do You??..:)

Dire Straits on March 26, 2012 at 10:57 PM

Brah, I’m nervous!

Anyway, I gotta run. May be back later.

MeatHeadinCA on March 26, 2012 at 10:59 PM

Obama health care law
*********************

http://www.breakingnews.com/topic/obama-health-care-law

canopfor on March 26, 2012 at 11:00 PM

“It seems very artificial to separate the punishment from the crime. …”

Everything you were told about this law was a lie…

… It is about changing this Country from it’s foundation to some Marxist/Socialist’s dream based on a racists ideology that America has to pay for it’s sins.

Instead of being born free…

… we will be born criminals, and it is up to the government and how we vote that will decide our fait.

And your fait will be the healthcare of you and your family…

…”I’m sorry, you once voted Republican. You’re not covered. Have a nice day.”

Happy…?

Seven Percent Solution on March 26, 2012 at 11:00 PM

JPeterman on March 26, 2012 at 10:59 PM

Hear!..Hear!..:)

Dire Straits on March 26, 2012 at 11:00 PM

The Court prefers the legislature make laws. But here you have a case were they rammed through this highly intrusive legislation, not letting people debate or even read it,lying all the way that it wasn’t a tax an now it is a tax, lying about everything in it, making it almost impossible to repeal — this is not how America is suppose to work.

Blake on March 26, 2012 at 11:00 PM

I don’t see Alito and Roberts voting to uphold the individual mandate..Do You??..:)

Dire Straits on March 26, 2012 at 10:57 PM

Personally no, and I realize that burecrats lean left, still….this opinion of a lopsided uphold is coming from various areas, including ones I trust

Rogue on March 26, 2012 at 11:01 PM

MeatHeadinCA on March 26, 2012 at 10:59 PM

Kennedy makes me nervous..:)

Dire Straits on March 26, 2012 at 11:01 PM

….this opinion of a lopsided uphold is coming from various areas, including ones I trust

Rogue on March 26, 2012 at 11:01 PM

Really??..That doesn’t sound good..:)

Dire Straits on March 26, 2012 at 11:02 PM

If the SCOTUS does not overturn this mandate then I guess we should just stop worrying about how bad the future could get under another four years of Obama. It will mean that that future is already here. :-(

cynccook on March 26, 2012 at 11:03 PM

I don’t see Alito and Roberts voting to uphold the individual mandate..Do You??..:)

Dire Straits on March 26, 2012 at 10:57 PM

No. Thomas, Scalia, Alito, and Roberts will vote to overturn.
Kennedy could go either way.

annoyinglittletwerp on March 26, 2012 at 11:03 PM

Kennedy makes me nervous..:)

Dire Straits on March 26, 2012 at 11:01 PM

Ditto!

Rogue on March 26, 2012 at 11:03 PM

….this opinion of a lopsided uphold is coming from various areas, including ones I trust

Rogue on March 26, 2012 at 11:01 PM

Amen..:)

Dire Straits on March 26, 2012 at 11:03 PM

Kennedy could go either way.

annoyinglittletwerp on March 26, 2012 at 11:03 PM

Bingo!..That makes me nervous..:)

Dire Straits on March 26, 2012 at 11:04 PM

The Court prefers the legislature make laws. But here you have a case were they rammed through this highly intrusive legislation, not letting people debate or even read it,lying all the way that it wasn’t a tax an now it is a tax, lying about everything in it, making it almost impossible to repeal — this is not how America is suppose to work.

Blake on March 26, 2012 at 11:00 PM

Wasn’t the tax argument the way Democrats were able to use the legislative trick of Reconciliation and 51 votes? That way Obamacare fell under the budget. Am I remembering this correctly???

conservative pilgrim on March 26, 2012 at 11:07 PM

Will anyone bring up the simple fact that the author’s of the bill exempted themselves from it…?

Seven Percent Solution on March 26, 2012 at 11:08 PM

Dire Straits on March 26, 2012 at 11:04 PM

He’s been pretty conservative as of late-but then again…he was the one who said that the US should take foreign law into consideration when making decisions.

annoyinglittletwerp on March 26, 2012 at 11:09 PM

Court signals it will decide constitutionality of health care mandate
15 Hours Ago
*************
*******************

**
Read the transcript of Monday’s oral argument

http://msnbcmedia.msn.com/i/MSNBC/Sections/A_Politics/11-398-Monday.pdf
===========

**
Click here to listen to that exchange between Verrilli and Justice Alito

http://msnbcmedia.msn.com/i/MSNBC/Sections/A_Politics/Alito_Tax.wav
===================================================================

**
Click here to listen to that exchange between Long and Justice Ginsburg

http://msnbcmedia.msn.com/i/MSNBC/Sections/A_Politics/Ginsburg.wav
==================================================================

http://nbcpolitics.msnbc.msn.com/_news/2012/03/26/10866512-court-signals-it-will-decide-constitutionality-of-health-care-mandate

canopfor on March 26, 2012 at 11:10 PM

“Come on guys…
We have the authority to regulate air travel…
And food….
So surely we have the authority to regulate your inactivity” – Obama

Electrongod on March 26, 2012 at 11:12 PM

George Stephanopoulos Interviews Obama – Obamacare

Enjoy…!

Seven Percent Solution on March 26, 2012 at 11:12 PM

WTH do we do if it is upheld…?

d1carter on March 26, 2012 at 10:57 PM

I think it can be defunded, can’t it?

herm2416 on March 26, 2012 at 11:12 PM

annoyinglittletwerp on March 26, 2012 at 11:09 PM

Let us hope he stays conservative on this vote..:)

Dire Straits on March 26, 2012 at 11:12 PM

“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.

Jeez, why didn’t they just compare it to Dred Scott?

[W]ithout 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.

Because the Office Of The President will be so severely kneecapped without the power to force everyone in the country to live the way he thinks they should.

“Without exaggeration”?

Socratease on March 26, 2012 at 11:13 PM

Look, your taxdollars at work

Schadenfreude on March 26, 2012 at 11:13 PM

Dire Straits on March 26, 2012 at 11:04 PM

He’s been pretty conservative as of late-but then again…he was the one who said that the US should take foreign law into consideration when making decisions.

annoyinglittletwerp on March 26, 2012 at 11:09 PM

The Constitution is pretty foreign to 4 Justices.

RickB on March 26, 2012 at 11:15 PM

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

JPeterman on March 26, 2012 at 10:48 PM

“Vote for me; I’ll nationalize the system, by my pen”

Schadenfreude on March 26, 2012 at 11:15 PM

George Stephanopoulos Interviews Obama – Obamacare
Enjoy…!

Seven Percent Solution on March 26, 2012 at 11:12 PM

Seven Percent Solution:Just terrific,first Jane Fonda
and now this,ugh,nightmares tonite!
(sarc)—-:)

canopfor on March 26, 2012 at 11:15 PM

Call`n it early,night Hot Gas Peeps/PeepEttes,
keep one eye open,for that NK Missisle——-
—————————————————:)

canopfor on March 26, 2012 at 11:17 PM

“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.”

Good, because 50% of the land consider it a toilet paper roll any more, with Obama the worst of them all.

He is a traitor, based on the open mic with Medvedev alone.

Schadenfreude on March 26, 2012 at 11:18 PM

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

JPeterman on March 26, 2012 at 10:48 PM

Let’s just hope and pray that it gets overturned..:)

Dire Straits on March 26, 2012 at 10:52 PM

Really. He can say anything he wants. It might be the first speech he makes that I listen to all the way through.

Axe on March 26, 2012 at 11:19 PM

canopfor on March 26, 2012 at 11:17 PM

Later Friend..:)

Dire Straits on March 26, 2012 at 11:19 PM

Call`n it early,night Hot Gas Peeps/PeepEttes,
keep one eye open,for that NK Missisle——-
—————————————————:)

canopfor on March 26, 2012 at 11:17 PM

Jeez…OK..:)
Another day..

Electrongod on March 26, 2012 at 11:21 PM

annoyinglittletwerp on March 26, 2012 at 11:03 PM

Remind again how they ruled against Kelo and the government in the bondholder decisions. That right they sided with the government in both cases. Don’t count your chickens before they hatch.

chemman on March 26, 2012 at 11:21 PM

He is a traitor, based on the open mic with Medvedev alone.

Schadenfreude on March 26, 2012 at 11:18 PM

So was Jane Fonda and she just got the cameo role to play Nancy Reagan in a movie.

chemman on March 26, 2012 at 11:22 PM

Just terrific,first Jane Fonda
and now this,ugh,nightmares tonite!
(sarc)—-:)

canopfor on March 26, 2012 at 11:15 PM

:)

Seven Percent Solution on March 26, 2012 at 11:23 PM

Later Friend..:)

Dire Straits on March 26, 2012 at 11:19 PM

Good night Dire…

Seven Percent Solution on March 26, 2012 at 11:23 PM

The Constitution is pretty foreign to 4 Justices.

RickB on March 26, 2012 at 11:15 PM

I hear South Africa has a pretty good one///

JPeterman on March 26, 2012 at 11:24 PM

WTH do we do if it is upheld…?

d1carter on March 26, 2012 at 10:57 PM

Survive. Learn a new way of life. Teach. Work. :/

Pray?

(This is s snark-free comment).

Axe on March 26, 2012 at 11:24 PM

canopfor on March 26, 2012 at 11:17 PM

Good night canopfor…

:)

Seven Percent Solution on March 26, 2012 at 11:24 PM

canopfor on March 26, 2012 at 11:17 PM

Later Canada! See you in a month or two. I’m going back under here in a minute. :)

Axe on March 26, 2012 at 11:25 PM

Personally no, and I realize that burecrats lean left, still….this opinion of a lopsided uphold is coming from various areas, including ones I trust

Rogue on March 26, 2012 at 11:01 PM

Which ones do you trust?

Vince on March 26, 2012 at 11:25 PM

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

JPeterman on March 26, 2012 at 10:48 PM

…THEY acted, stupidly!

KOOLAID2 on March 26, 2012 at 11:28 PM

The Serenity Prayer seems appropriate for the next few days.

a capella on March 26, 2012 at 11:31 PM

One word : Kelo

tommy-t on March 26, 2012 at 11:32 PM

Kennedy makes me nervous..:)

Dire Straits on March 26, 2012 at 11:01 PM

…starting…with his last name!

KOOLAID2 on March 26, 2012 at 11:33 PM

The relatively high-profile recusal of Kagan from the Arizona immigration law hearing, the recent lopsided victories in favor of religious liberty…

This just smacks of “cover your ass” for when the court upholds the mandate. Nobody can accuse them of giving in to their ideological biases if they have some recent cred of siding with conservative issues.

God, I hope that won’t be the case…

spinach.chin on March 26, 2012 at 11:33 PM

WTH do we do if it is upheld…?

d1carter on March 26, 2012 at 10:57 PM

I think it can be defunded, can’t it?

herm2416 on March 26, 2012 at 11:12 PM

ObamaCare can’t be defunded forever should the SCOTUS decide the mandate is in accord with the Constitution. Eventually, sooner or later, the Democrats will achieve a congressional majority in the House and the purse-strings will belong to them. Then we’ll get single-payer, socialized medicine. After that, socialized everything because the legality of the mandate would unfetter the federal government from any limitations or lawful boundaries. After that, who knows? Unlike Europeans, Americans do not have a time-honored tradition of obedience to an all-powerful State. I can’t imagine a happy ending here.

troyriser_gopftw on March 26, 2012 at 11:35 PM

The Serenity Prayer seems appropriate for the next few days.

a capella on March 26, 2012 at 11:31 PM

Know that one by heart…

Electrongod on March 26, 2012 at 11:35 PM

What spinach.chin said.

tommy-t on March 26, 2012 at 11:36 PM

“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 …”

That’s idiocy.

Axe on March 26, 2012 at 11:36 PM

WTH do we do if it is upheld…?

d1carter on March 26, 2012 at 10:57 PM

REPEAL IT! REPEAL IT! REPEAL IT!

Just because a law is “constitutional” doesn’t mean we have to keep it. The law can still be repealed.

REPEAL IT! REPEAL IT! REPEAL IT!

Dark Star on March 26, 2012 at 11:38 PM

JPeterman on March 26, 2012 at 10:48 PM

Constitution of negative….

antisocial on March 26, 2012 at 11:40 PM

Personally no, and I realize that burecrats lean left, still….this opinion of a lopsided uphold is coming from various areas, including ones I trust

Rogue on March 26, 2012 at 11:01 PM

Which ones do you trust?

Vince on March 26, 2012 at 11:25 PM

Well? The survey got 26 responses from lawyers. What lawyers? What political party did they come from? They got 43 clerks to respond. So what? This opinion of a lopsided uphold, as you call it, is BS and is a perfect snapshot of Washington DC cluelessness.

Vince on March 26, 2012 at 11:40 PM

Scolding the Supremes at the State of the Union may not have been very good strategery.

mouell on March 26, 2012 at 11:40 PM

“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?”

And if “Patiently Affording Blah Act” is struck, won’t then Romney, having created a legal, constitutional, state-sovereign system, suddenly looks like he knows exactly what he’s doing? It might change the whole table with respect to RomneyCare.

Axe on March 26, 2012 at 11:41 PM

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

JPeterman on March 26, 2012 at 10:48 PM

“This is my last election. After my election I have more flexibility.”

ShainS on March 26, 2012 at 11:42 PM

Scolding the Supremes at the State of the Union may not have been very good strategery.

mouell on March 26, 2012 at 11:40 PM

The only problem with that idea is the fact that Obama was only scolding the ones likely to find against the mandate, anyway.

cynccook on March 26, 2012 at 11:42 PM

If Obamacare is upheld, this could be the first 50 state landslide in November.

Speakup on March 26, 2012 at 11:43 PM

*look

(bad edit)

Axe on March 26, 2012 at 11:43 PM

Ideal for Obama would be for the Court to overturn Obamacare and then he wins reelection. Then he can threaten to ram the whole country into a health care brick wall if we don’t ‘fix’ the problem the way he wants, with single payer.

“John Roberts has made his decision, now let him enforce it!”

If you do not think he will do that, you have not been paying attention.

fadetogray on March 26, 2012 at 11:45 PM

“People who make a decision to forego health insurance do not opt out of the health care market,” she wrote. “Their action is not felt by themselves alone. Instead, when they become ill or injured and cannot pay their bills, their costs are shifted to others. Those costs – $43 billion in 2008 alone – are borne by doctors, hospitals, insured individuals, taxpayers and small businesses throughout the nation.”

This is why ObamaCare will be ruled legal by a large majority. By not buying insurance it is not a question of if you will force others to pay for your medical needs just a question of when with very few exceptions. Thus the mandate is no real problem. Everyone participates in the Health Care system. But now some can opt out of buying insurance and stick the bill to those that do. This mandate corrects this problem. It is primarily the purpose of Government to make laws that keep people from defrauding or stealing from others. This mandate prevents that by forcing you to pay for your own medical care.

This is not about freedom. God did not give us the right to force others to pay for our medical care. But that is exactly where we are.

Having said all this. The laws forcing free care are the really bad laws. But they are not going away. If you are opposed to mandates are you for letting sick people without insurance die? If so then perhaps you have a point otherwise you do not.

I hate that my insurance cost so much more to pay for other peoples care that come to America Illegally or do not buy insurance. Obama Care corrects this but is a horrible plan. We need a good plan with a mandate. A plan that requires catastropic coverage only. But also a repeal of laws forcing Emergency Rooms to treat anyone that comes in the door. You come into this country without insurance you deserve no care. If you die. I do not care. It is your own fault.

Steveangell on March 26, 2012 at 11:52 PM

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

JPeterman on March 26, 2012 at 10:48 PM

That they are racists who hate black people, especially Clarence Thomas.

bw222 on March 26, 2012 at 11:54 PM

“John Roberts has made his decision, now let him enforce it!”

If you do not think he will do that, you have not been paying attention.

fadetogray on March 26, 2012 at 11:45 PM

There are a lot of people around here who have been busy pis$ing on each other to see what has really been happening.

Rio Linda Refugee on March 26, 2012 at 11:55 PM

If it’s upheld, can we effectively declare the Constitution and our experiment in Limited government dead?

Chip on March 26, 2012 at 10:56 PM

Alas, yes.
(Too heartbroken at the possibility to bother swearing.)

Kevin K. on March 26, 2012 at 11:57 PM

Well? The survey got 26 responses from lawyers. What lawyers? What political party did they come from? They got 43 clerks to respond. So what? This opinion of a lopsided uphold, as you call it, is BS and is a perfect snapshot of Washington DC cluelessness.

Vince on March 26, 2012 at 11:40 PM

Vince, you are not supposed to ask those kinds of questions. Now the IRS is going to have to audit your tax returns.

bw222 on March 26, 2012 at 11:57 PM

If Obamacare is upheld, this could be the first 50 state landslide in November.

Speakup on March 26, 2012 at 11:43 PM

For Obama?

I mean on this subject Obama = Mitt.

No way people will reward Mitt the person who first passed into law Obama Care on the State level. The Man that masterminded what eventually became Obama Care.

The people may speak very clearly. Republicans we spoke loud and clear we do not want Obama Care and what do you do you give us the father of Obama care.

Hell no Republicans go to hell. Maybe if we vote you all out another party will come into existence that will do what the people actually want done.

Yes indeed this is possible Obama with complete control of Government and Republicans as Dead as the Wig Party of 1856.

Steveangell on March 26, 2012 at 11:59 PM

I just had two horrifying thoughts:
1) The individual mandate is upheld and residents of the US are required to purchase health insurance from their preferred provider, whether they can afford it or not; and
2) For some people, because the health insurance mandate has proven viable per SCOTUS decision, their income, ALL of their income, is to be confiscated by the Federal government and used to pay their bills, their housing, their taxes (especially their taxes!) and they are to be given an allowance, administered by bureaucrats and trustees.
.
One sixth of the GDP of the US, our country, under Federal Government control… 16.667%. Think about that. Then think about the quality, commitment, training and political proclivities of the usual Federal worker, now emboldened as a Union Member in Government Employee Union.
.
Are you scared yet? Yeah, I just thought of this and… well, at times the fetal position is very comforting.

ExpressoBold on March 27, 2012 at 12:02 AM

Chip on March 26, 2012 at 10:56 PM

Pretty much..:(

Dire Straits on March 27, 2012 at 12:03 AM

The federal government has the power under the commerce clause to confiscate my private property because i am not engaging in commerce??

I am a free citizen in what should be a constitutional republic. I do not need nine lawyers in black robes to tell me what power is delegated to the federal government.

The fact that our supreme court even has to deliberate on this matter before coming to a conclusion speaks volumes to the current state of our republic.

If it is ruled constitutional then our government has taken a large step, maybe the final, to becoming illegitimate.

Meat Fighter on March 27, 2012 at 12:04 AM

This is why ObamaCare will be ruled legal by a large majority. By not buying insurance it is not a question of if you will force others to pay for your medical needs just a question of when with very few exceptions. Thus the mandate is no real problem. Everyone participates in the Health Care system.
Steveangell on March 26, 2012 at 11:52 PM

It could be said that everyone participates in consuming electricity…
But electricity is sold across state lines…Interstate Commerce..

I have an acre of property that isn’t being used…
I decide to place 101 solar panels on it producing 35KW…
I am now off the grid..
But Congress passes a law saying only 20KW per acre is allowed…
I say that I needed an extra 15KW because I have a shop that needs power…
I am told that I am withholding electricity..

It’s not me personally…but if enough people like me do this…
It will effect interstate commerce..

When a central government has the authority to make law and force people to do things based on current economics…

So much can be lost…
Freedom for one..

Electrongod on March 27, 2012 at 12:04 AM

Vince, you are not supposed to ask those kinds of questions. Now the IRS is going to have to audit your tax returns.

bw222 on March 26, 2012 at 11:57 PM

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

Hell no Republicans go to hell. Maybe if we vote you all out another party will come into existence that will do what the people actually want done.

Steveangell on March 26, 2012 at 11:59 PM

Yeah, brilliant plan, Einstein.

How about we change things the way progressives have been doing for the last 40 years – incrementally. Americans don’t like sudden shifts in direction, and that’s generally what gets proposed when Republicans get power in Washington.

I would love to see big changes happen overnight… but that’s just not going to happen.

spinach.chin on March 27, 2012 at 12:07 AM

A brief summary from Heritage:

http://blog.heritage.org/2012/03/26/todays-obamacare-argument-a-taste-of-things-to-come/

…Justice Alito fired the first question to the government asking, essentially, thus: “You say it is not a tax today, but it is a tax tomorrow?” The government attempted to parse the legal distinction between the two arguments, but the question really laid bare the larger contradiction.

At other times, the justices concentrated on the injury to the states arising from their higher Medicaid program costs that result from the individual mandate. Greg Katsas, arguing on behalf of the National Federation of Independent Business and the states, which are both challenging the law, did an outstanding job fielding those questions. In response to a line of questions suggesting that the mandate wasn’t really meaningful without the penalty to enforce it, Katsas reminded the Court that it mattered whether someone was required by law to do something, even if the federal government might not be able to enforce that law. In short, for law-abiding citizens like his clients, it mattered more whether the mandate was lawful, and not only how it was enforced.

Pray for the confusion and confusion self-contradiction of the fed attorneys and that the paucity of their logic will be evident–and continued clarity and insightful arguments by the challengers.

Don’t forget the justices, either!

INC on March 27, 2012 at 12:07 AM

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