Open thread: Mandate-mas III, the Finale; Update: Stolen Valor Act struck down; Update: CNN says mandate struck down; Update: AP reports that mandate upheld; Update: Confirmed upheld, 5-4; Update: Kennedy wanted to strike entire law

posted at 8:41 am on June 28, 2012 by Ed Morrissey

Why not get this party started early?  The decision won’t get announced until 10 am ET, about the same time that the House will come to order this morning to consider whether to hold the Attorney General in contempt over his refusal to abide by a subpoena from the Oversight Committee.  Take your pick of historic events, in other words, and try to predict which will be more memorable in the end.  John Podhoretz had a thought about that last night on Twitter:

So what’s the skinny on the decision?  Last night, Intrade had 72.8% betting that the individual mandate was a goner:

With the Supreme Court set to make its ruling on Obamacare on Thursday, the prediction market on Intrade has placed its bet, reporting there is a high probability that the individual mandate will be struck down.

As of Wednesday night, “the world’s leading prediction market” reports there is a 72.8 percent chance the individual mandate will be ruled unconstitutional — a ruling that would deliver a devastating blow to the Obama administration.

If I was a betting man, I’d probably go the same way.  I think there’s still a decent chance that the court might uphold it, but a slightly better chance that the whole thing will get tossed, more out of convenience than anything else, but the mandate will still be the key.

Of course, if that happens, be prepared for a full-court meltdown among the Left, where the argument has already arisen that the Roberts Court is the Most Activististist Court Evah, with Jeffrey Toobin and (Politico’s) Roger Simon leading the way.  Gabriel Malor demolished this argument on Twitter yesterday, and he compiled his rebuttal into a blog post this morning:

Here’s the data on the first five years of the Roberts Court (gleaned from this NYTimes infographic):

(1) The Warren, Burger, and Rehnquist Courts overturned precedent decisions at an average rate of 2.7, 2.8 and 2.4 per term, respectively. By contrast, the Roberts Court overturned precedent only at an average rate of 1.6 per term.(2) The Warren, Burger, and Rehnquist Courts overturned laws at an average rate of 7.9, 12.5, and 6.2 laws per term. By contrast, the Roberts Court struck down laws only 3 laws per term.

Just three laws per term! Far, far from being “eager” to overturn legislatures, as hack Toobin dribbled, and obviously, indisputably playing no unusual role in “second-guessing laws,” as Fallows alarmingly squeaked, the Roberts Court has been a model of restraint. Restraint is, naturally, one of Chief Justice Roberts’ well-known characteristics and it was remarked upon during his confirmation hearings. One could even creditably call the Roberts Court the most restrained, incrementalist Court of the modern era. (I assure you, these numbers have not changed appreciably in the past two years.)

Again, that assumes that the Roberts Court overturns ObamaCare, in whole or in part.  Will the Right melt down if they don’t?  Er …

Beginning at 8:45 am ET, a few minutes earlier than usual, SCOTUSBlog will start its live blogging at this link, which is where most of us will find out what happened.  I’ll be updating this post as we go along, so check back here frequently.

Update: Don’t forget that there are two other cases on the docket that will get decided today, one of which is the Stolen Valor case.  Can Congress make it a crime to lie about military service, or does the First Amendment cover that as protected speech?  We will soon find out.

Update II: Yes, the circus has arrived.  Jeff Quinton posted this picture of Belly Dancers for Single Payer on his Twitter feed:

Because nothing says, “Take me seriously on health care” like belly dancing.

Update: Not going to number updates here.  Stolen Valor act struck down as unconstitutional 6-3, with Kennedy writing for majority.  Congress may be able to rewrite it, though, according to SCOTUSblog’s interpretation of decision.  Here’s the opinion.

Update: Next case, First American, was dismissed.

Update: CNN reports mandate struck down …  developing …

Update: AP reports mandate upheld as a tax, but clearly there is a lot of confusion on this point.

Update: SCOTUSblog reports that Roberts says mandate is constitutional.

Update: Yup, the court upheld the mandate as a tax, not as part of a Commerce Clause jurisdiction.  They narrowed the Medicaid expansion, but it looks like the bill will survive mainly intact.  CNN may be the biggest loser today.

Update: On Twitter, astonishment from conservatives that Kennedy voted to kill the mandate and Roberts voted to uphold it.  I tweeted this in response:

It helps to laugh a little, people.

Update: Kennedy wanted to strike the entire act, according to SCOTUSBlog: “In our view, the entire Act before us is invalid in its entirety.”


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+1 Liam

cmsinaz on June 28, 2012 at 9:02 AM

I hope Allah is getting up early this morning and has Humpbot and/or the melting bunny of doom ready to go. One of those two chumps will be getting an outing today.

Johnimus on June 28, 2012 at 9:02 AM

I had cocaine in my coffee this morning and I can’t keep up

Slade73 on June 28, 2012 at 9:02 AM

Ed had to give Flora Duh the heads up to be first with that great quote. Thanks, I needed that!

txmomof6 on June 28, 2012 at 9:02 AM

Deliver us from Commie Care evil….

… and may enough on the Supreme Court not pull a Peggy Noonan and put the DC party circuit before their nation.

viking01 on June 28, 2012 at 9:03 AM

Johnimus on June 28, 2012 at 9:02 AM

No Bunnnnny!

annoyinglittletwerp on June 28, 2012 at 9:03 AM

Intrade is all over the place it was 66% then 72% then 70% what to make of it?

Conservative4ev on June 28, 2012 at 9:03 AM

Hopefully today is the day of victory over the Democrats! V-D Day! Oh wait, that didn’t come out right….

Sekhmet on June 28, 2012 at 9:03 AM

Ah, the famous Good and Welfare clause. We have such great leadership in the Democrat Party.

RushBaby on June 28, 2012 at 8:55 AM

I know. That sounds like it could be applied to just about everything.

Dongemaharu on June 28, 2012 at 9:03 AM

If the mandate gets overturned I think the court will overturn entire law.

with over 2200 pages why should they think they can do health care.

so either entire overturn or entire uphold

gerrym51 on June 28, 2012 at 9:03 AM

To play the pessimist here for a second, if the court leaves this garbage in place do you really feel confident that congress would try and do anything about it? I don’t.

bbinfl on June 28, 2012 at 8:57 AM

are you kidding the HUFF AND PUFF I’M GOING TO BLOW YOUR HOUSE DOWN gop leadership in Congress? ALOL.

Dirty little secret……everyone in D.C. that is a BIG-GOV-Lover is salivating at the chance to rule over the “health” of every single American.

Lifestyle, diet, you name it.

PappyD61 on June 28, 2012 at 9:03 AM

Come on strikedown—maybe this will cure my roiling guts

Sekhmet on June 28, 2012 at 9:04 AM

All around you. We’re not as great as the Big Man but we’re here.

You are right, as your inspiring words repeatedly prove.

On days like today, I see why Mr. Knightley speaks of running for office one day…

mrsknightley on June 28, 2012 at 9:04 AM

So…anything important happening today?

changer1701 on June 28, 2012 at 9:04 AM

Less crazy than Bush v. Gore? I find that hard to believe.

txmomof6 on June 28, 2012 at 9:04 AM

******************** RED ALERT****************************

Wrong linky,
theres a new one……F $%&?*()&?%?&*()_*&?%$#%?&*

http://www.scotusblog.com/cover-it-live/

http://www.scotusblog.com/cover-it-live/

canopfor on June 28, 2012 at 9:04 AM

If it’s struck down, what would be an appropriate new location of Pelosi’s big gavel?

50sGuy on June 28, 2012 at 9:04 AM

Cigars and Haagen Dazs in place – ready to celebrate! Dont you dare disappoint me, Kennedy! Im shaking my fist in your general direction right now!

Valkyriepundit on June 28, 2012 at 9:05 AM

Maybe allah will crawl out of bed for this one

cmsinaz on June 28, 2012 at 9:01 AM

Now that you mention it … wonder … probably doing some prep on the follow through, I suppose. :)

Axe on June 28, 2012 at 9:05 AM

I’ve got the DT’s…

PatriotRider on June 28, 2012 at 9:05 AM

They don’t have to. States can invoke nullification.

Dante on June 28, 2012 at 9:01 AM

Like Arizona?

Steve Eggleston on June 28, 2012 at 9:05 AM

mrsknightley on June 28, 2012 at 8:47 AM

.
There are plenty of Reagans. After all, he granted amnesty, grew government, increased spending, traded arms to a Iran, embraced an interventionist foreign policy…

We don’t need any more of that.

Dante on June 28, 2012 at 8:52 AM

.
Are you mourning for Ron Paul?

listens2glenn on June 28, 2012 at 9:05 AM

My prediction the whole law goes down 5-4. If anyone is watching CNN, they are running a bunch of sob stories of “children who are going to die if SCOTUS overturns the health care law.” But no bias right?

Raquel Pinkbullet on June 28, 2012 at 9:05 AM

If the mandate gets overturned I think the court will overturn entire law.

with over 2200 pages why should they think they can do health care.

so either entire overturn or entire uphold

gerrym51 on June 28, 2012 at 9:03 AM

I still can’t see them overturning the entire thing. The mandate, maybe. But I think it’s more likely they put the ball in Congress and Obama’s court and let them deal with the mess of a health care law without a funding mechanism.

Doughboy on June 28, 2012 at 9:05 AM

Intrade is all over the place it was 66% then 72% then 70% what to make of it?

Conservative4ev on June 28, 2012 at 9:03 AM

I see it as the majority of people think it will be repealed. Some are a little more squeamish than others.

Hold fast. It’s going down. The Fed Govt cannot make you buy something you don’t want to buy. Period.

Fish on June 28, 2012 at 9:06 AM

I’d have brought a football to spike, But I don’t want to jinx it

Sekhmet on June 28, 2012 at 9:06 AM

Slade
Don’t you answer ppl on your blog????……lazy bum…….;-)

angrymike on June 28, 2012 at 9:06 AM

PUT MR. T ON THE STEPS OF THE SUPREME COURT!

I PITY THE FOOL!!

ToddPA on June 28, 2012 at 9:06 AM

Have heart, Ladies and Gents. No matter what, we still stand. Our liberty remains until we let it go, no matter what government says.

Liam on June 28, 2012 at 9:06 AM

Mandate struck down, 5-4
rest of law upheld, 6-3

Obama: Well, the law is constitutional, we just have to figure out how to pay for it. And I have a few ideas . . .

williampeck1958 on June 28, 2012 at 9:06 AM

“Conservatives don’t riot, which is why we usually get screwed in these contentious cases. Even if 5 on the Court side with us, they know we’ll take this loss of liberty with barely a moment of protest — we’ll…write stuff…really, really mad stuff…and then we’ll go back to work. The other side, though, scares the hell out of them. Terrorism works.

Rational Thought on June 28, 2012 at 8:51 AM”

I don’t really disagree with that statement – in the past – but I am starting to be concerned that the liberties of Americans are under such an assault that there are elements of the right that are on the edge of losing it. I hate to say that, but there is a sort of barron bleakness looking at liberties landscape that I can’t help but be worried something is about to snap.

And of course, if the result goes as we hope, the left doesn’t need much excuse to snap. They’re mentally unstable. (You can tell that they’re mentally unstable because they’re liberal.)

WashingtonsWake on June 28, 2012 at 9:06 AM

I don’t have a theistic god I subscribe to anymore, but I pray to whatever god is out there that this get’s overturned. In toto, or in part. Toto would be good.

SauerKraut537 on June 28, 2012 at 9:06 AM

Today we will learn 1 of 2 things. Either we learn the constitution really is just another tool for politicians to invoke only when it suits them, that they have unlimited power to RULE us, OR we learn there is still 1 co- equal branch of government that has not thrown in the towell on the Constitutional republic.

I’m not optimistic.

Snackrabbit on June 28, 2012 at 9:07 AM

heh PAIN! FTW

ted c on June 28, 2012 at 9:07 AM

If ya here clinking,then its on,ugh,so sorry,
I was staring away till I seen the date,then booted over to SCOTUS BLOG,

and bam,it went live…..d*mmitt!

http://www.scotusblog.com/cover-it-live/

canopfor on June 28, 2012 at 9:07 AM

Like Arizona?

Steve Eggleston on June 28, 2012 at 9:05 AM

Can you be specific?

Dante on June 28, 2012 at 9:07 AM

are you kidding the HUFF AND PUFF I’M GOING TO BLOW YOUR HOUSE DOWN gop leadership in Congress? ALOL.
Dirty little secret……everyone in D.C. that is a BIG-GOV-Lover is salivating at the chance to rule over the “health” of every single American.
Lifestyle, diet, you name it.
PappyD61 on June 28, 2012 at 9:03 AM

I can’t disagree with you there.

bbinfl on June 28, 2012 at 9:08 AM

If it’s struck down, what would be an appropriate new location of Pelosi’s big gavel?

50sGuy on June 28, 2012 at 9:04 AM

Gavel
Her butt

(some assembly required)

Liam on June 28, 2012 at 9:08 AM

All I need to celebrate is reading y’all’s comments. Way better than alcohol and lots funnier.

txmomof6 on June 28, 2012 at 9:08 AM

Wellll…here most of us are. Waiting’s nearly over.

Lourdes on June 28, 2012 at 9:08 AM

Like Arizona?

Steve Eggleston on June 28, 2012 at 9:05 AM

Here’s a little info for you.

Link

Link 2

Dante on June 28, 2012 at 9:09 AM

Don Grady, ‘My Three Sons’ star, dies at 68 – @peoplemag
Submitted 2 mins ago from http://www.people.com by editor

http://www.people.com/people/article/0,,20607638,00.html

canopfor on June 28, 2012 at 9:09 AM

It’s 9:10. WHEN will the ruling be released???

Rixon on June 28, 2012 at 9:09 AM

70 people know the result and they are not talking.

txmomof6 on June 28, 2012 at 9:09 AM

Dang…. I tried to sign up for daily Los, the jerks make you wait 24 hrs……….

angrymike on June 28, 2012 at 9:09 AM

this just seems appropriate for today:

gimme dat thing
http://www.youtube.com/watch?v=7Gx9JaN3iCM

tomg51 on June 28, 2012 at 9:09 AM

My only prediction: Justice Thomas will have authored an opinion rejecting the whole of welfare-state jurisprudence back to Helvering and Steward. Whether it’s a concurrence in judgement or dissent remains to be seen.

allanbourdius on June 28, 2012 at 8:57 AM

THAT would be one heck of a read, and likely a well crafted road map on how to make it actually happen.

Nathan_OH on June 28, 2012 at 9:09 AM

First!

The Count on June 28, 2012 at 9:10 AM

Rational Thought on June 28, 2012 at 8:51 AM

I never thought about the great mass of unemployed loser leftists rioting. Glad I’m in ND.

TXMomof3 on June 28, 2012 at 9:10 AM

Wellll…here most of us are. Waiting’s nearly over.

Lourdes on June 28, 2012 at 9:08 AM

I am trying to look busy at work….

Electrongod on June 28, 2012 at 9:10 AM

So…anything important happening today?

changer1701 on June 28, 2012 at 9:04 AM

I hear there was a Bigfoot sighting at Memphis International now headed toward the Peabody.

viking01 on June 28, 2012 at 9:10 AM

With regard to the Eric Holder contempt vote, the racist Congressional Black Caucus is planning a walk out because, you know, there is no way a black man could possibly be in contempt of Congress. Really. The CBC is defending Holder based on pigmentation and not the facts.

Best comment I saw concerning this walk out was a post hoping that when racists like Maxine Waters walk out they come across Brian Terry’s family on the Capitol steps.

Happy Nomad on June 28, 2012 at 9:10 AM

Have heart, Ladies and Gents. No matter what, we still stand. Our liberty remains until we let it go, no matter what government says.

Liam on June 28, 2012 at 9:06 AM

Plan B, you know, is to teach this again. Rub ash from eyes, teach this; dodge bullet, teach this; escape zombies, teach this …

Axe on June 28, 2012 at 9:10 AM

It’s a damned good thing I don’t have any alcohol in the house, today. This afternoon would just be a blur.

pambi on June 28, 2012 at 9:10 AM

The two other cases will likely get released first before Florida v HHS

txmomof6 on June 28, 2012 at 9:10 AM

*clink coffee cup *

cmsinaz on June 28, 2012 at 9:11 AM

I love the smell of Hoppe’s #9 in the morning.

Bishop on June 28, 2012 at 8:50 AM

.
Me too. : )

listens2glenn on June 28, 2012 at 9:11 AM

kingsjester on June 28, 2012 at 8:53 AM

Well stated.

Grace_is_sufficient on June 28, 2012 at 9:11 AM

Don Grady, ‘My Three Sons’ star, dies at 68 – @peoplemag
Submitted 2 mins ago from http://www.people.com by editor

http://www.people.com/people/article/0,,20607638,00.html

canopfor on June 28, 2012 at 9:09 AM

Dude, give this crap up.

Dante on June 28, 2012 at 9:11 AM

I hear there was a Bigfoot sighting at Memphis International now headed toward the Peabody.

viking01 on June 28, 2012 at 9:10 AM

:) Heat wave in the north-east.

Axe on June 28, 2012 at 9:11 AM

I hear there was a Bigfoot sighting at Memphis International now headed toward the Peabody.

viking01 on June 28, 2012 at 9:10 AM

That was just Mooch foraging for ribs.

Happy Nomad on June 28, 2012 at 9:11 AM

@ angrymike – lazy is my middle name. It’s my first and last name too.

seriously though, I’m reading Shogun right now. So I don’t have time for anything else, and I speak pigeon Japanese in my dreams.

Slade73 on June 28, 2012 at 9:11 AM

There are plenty of Reagans. After all, he granted amnesty, grew government, increased spending, traded arms to a Iran, embraced an interventionist foreign policy…

We don’t need any more of that.

Dante on June 28, 2012 at 8:52 AM

Are you mourning for Ron Paul?

listens2glenn on June 28, 2012 at 9:05 AM

Ronaldus Maximum might have rightfully been (and still is) the right’s hero but I could definitely live without the amnesty and the spending he presided over. He opened the floodgate of Hell that we now live in.

Archivarix on June 28, 2012 at 9:11 AM

On Drudge right now:

“President Obama issues executive order to implement so-called Obama Care even if SCOTUS overturns”

Bishop on June 28, 2012 at 9:11 AM

Will freedom ring?

GaltBlvnAtty on June 28, 2012 at 9:12 AM

@DarrellIssa

Today’s contempt proceedings will be live for you at http://fastandfuriousinvestigation.com . Please RT ‪#fastandfurious

Flora Duh on June 28, 2012 at 9:12 AM

9:08

Tom:
70,000 live blog readers currently. My best bet is 250,000 at the time of the decision. 1 million hits on the blog today.
============================================================

WOW!!!

canopfor on June 28, 2012 at 9:12 AM

“Will the Right melt down if they don’t?”

James Carville says “no”, we’re done on the right. No more fake outrage over big government, no more complaining about spending and debt, no more hard-wringing about Pelosi/Reid/Obama and nationalized economies or political tyranny.

Thats what Carville says, and–as usaul–he’s full of BS (Can I say that here on a family blog?)

Of course Ed is right– we are already at Defcon 5 anyway, and an adverse decision means no Democrat will dare poke his/her head out his/her Congressional hole for weeks, lest he/she have to deal with the ever present crowds of outraged Tea Partiers.

MTF on June 28, 2012 at 9:12 AM

I live in a fairly conservative area0well except for the muzzies on the far west side/near Tech and the illegals on the far East side-but I’m still hoping to be able to gloat.
Spawn bought some fireworks for next week-and I’ve got one or two @ the ready

annoyinglittletwerp on June 28, 2012 at 9:12 AM

Dude, give this crap up.

Dante on June 28, 2012 at 9:11 AM | Delete | Delete and Ban

Who are you?

kingsjester on June 28, 2012 at 9:13 AM

St. Crispin’s Day speech

from Henry V (1599) by William Shakespeare

WESTMORELAND. O that we now had here
But one ten thousand of those men in England
That do no work to-day!

KING. What’s he that wishes so?
My cousin Westmoreland? No, my fair cousin;
If we are mark’d to die, we are enow
To do our country loss; and if to live,
The fewer men, the greater share of honour.
God’s will! I pray thee, wish not one man more.
By Jove, I am not covetous for gold,
Nor care I who doth feed upon my cost;
It yearns me not if men my garments wear;
Such outward things dwell not in my desires.
But if it be a sin to covet honour,
I am the most offending soul alive.
No, faith, my coz, wish not a man from England.
God’s peace! I would not lose so great an honour
As one man more methinks would share from me
For the best hope I have. O, do not wish one more!
Rather proclaim it, Westmoreland, through my host,
That he which hath no stomach to this fight,
Let him depart; his passport shall be made,
And crowns for convoy put into his purse;
We would not die in that man’s company
That fears his fellowship to die with us.
This day is call’d the feast of Crispian.
He that outlives this day, and comes safe home,
Will stand a tip-toe when this day is nam’d,
And rouse him at the name of Crispian.
He that shall live this day, and see old age,
Will yearly on the vigil feast his neighbours,
And say “To-morrow is Saint Crispian.”
Then will he strip his sleeve and show his scars,
And say “These wounds I had on Crispian’s day.”
Old men forget; yet all shall be forgot,
But he’ll remember, with advantages,
What feats he did that day. Then shall our names,
Familiar in his mouth as household words-
Harry the King, Bedford and Exeter,
Warwick and Talbot, Salisbury and Gloucester-
Be in their flowing cups freshly rememb’red.
This story shall the good man teach his son;
And Crispin Crispian shall ne’er go by,
From this day to the ending of the world,
But we in it shall be remembered-
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne’er so vile,
This day shall gentle his condition;
And gentlemen in England now-a-bed
Shall think themselves accurs’d they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin’s day.

Lourdes on June 28, 2012 at 9:13 AM

I hope Ed had the servers tuned up. I really don’t want to turn on the tv if I don’t have to.

txmomof6 on June 28, 2012 at 9:13 AM

@DarrellIssa

Today’s contempt proceedings will be live for you at http://fastandfuriousinvestigation.com . Please RT ‪#fastandfurious

Flora Duh on June 28, 2012 at 9:12 AM

Flora Duh:Thank-You,I was getting around to it,btw,a new
Linky!:)
==================

http://www.scotusblog.com/cover-it-live/

canopfor on June 28, 2012 at 9:13 AM

Look at how the media outlets are framing it, for example WaPo:

The Supreme Court is scheduled to rule on the constitutionality of President Obama’s health-care legislation Thursday morning, a potentially game-changing, election-year decision that would define the power of the national government and affect the health-care choices of millions of Americans.

No, libs, it will affect the health-care choices – and the health care – of all Americans if the monstrosity stands.

Drained Brain on June 28, 2012 at 9:13 AM

On Drudge right now:

“President Obama issues executive order to implement so-called Obama Care even if SCOTUS overturns”

Bishop on June 28, 2012 at 9:11 AM

Not going there this time! Plus, it actually could be true…

Archivarix on June 28, 2012 at 9:14 AM

The two other cases will likely get released first before Florida v HHS

I do not know if I could handle that. But part of me would be glad, just in case my meeting’s over by 10:15 and I can make it back here for the real-time announcement.

mrsknightley on June 28, 2012 at 9:14 AM

The Wall Street Journal notes President Obama “has been doing more than sitting back and waiting” for the Supreme Court’s health care decision. He has “three separate speeches prepared in anticipation of the ruling on his signature legislative achievement.”

“One of the speeches addresses a complete overturn of the law, while another is crafted as if the court strikes down the law’s individual mandate but upholds other provisions. The third speech, for if the court upholds the entire law, is more celebratory, according to this person.”

The TOTUS is ready.

J_Crater on June 28, 2012 at 9:14 AM

Since I believe the Democrats removed the severability clause, specifically to protect the act from being declared unconstitutional, I believe they should declare the whole law unconstitutional and tell the Democrats to stop trying to get cute with legislation and do their jobs instead. It’s not nice to fool with mother-nature.

bflat879 on June 28, 2012 at 9:14 AM

what do they have on under those robes- because they’re sadists for leaving this until they board the vacay escape pods.

and i have to work- no screaming,dancing, running through the streets, and turning over cars to the tune of ‘Waterloo”…

until evening.

mittens on June 28, 2012 at 9:14 AM

I heard on the news this morning that they are already saying that Obama wasn’t for a mandate back in 2007 but it was Mitt Romney that changed his mind.

Unfrikin’believable.

Electrongod on June 28, 2012 at 9:14 AM

Let’s see, gotta text my mom, my cousin, my friend up in Granbury, my brother, my husband, my friend here in ATX, either way this goes..

Sekhmet on June 28, 2012 at 9:15 AM

Not going there this time! Plus, it actually could be true…

Archivarix on June 28, 2012 at 9:14 AM

Oh…you’ll go. They ALL go.

Bishop on June 28, 2012 at 9:15 AM

Bishop on June 28, 2012 at 9:11 AM

Back in your bunker-NOW!

annoyinglittletwerp on June 28, 2012 at 9:15 AM

I demand humpbot!

ormeltingbunny :-(

Abby Adams on June 28, 2012 at 9:15 AM

On Drudge right now:

“President Obama issues executive order to implement so-called Obama Care even if SCOTUS overturns”

Bishop on June 28, 2012 at 9:11 AM

If that were to happen, there better be some folks headed to DC with pitchforks and torches.

TXMomof3 on June 28, 2012 at 9:15 AM

Lourdes on June 28, 2012 at 9:13 AM

I posted that!

Still, congratulations on being brilliant.

Axe on June 28, 2012 at 9:16 AM

The entire thing needs to be flushed down the toilet.

Of course that’s hardly a solution without problems – Bark’s meltdown will involve spitting out insane EOs like a machine gun.

CorporatePiggy on June 28, 2012 at 9:16 AM

9:10

Amy Howe:
To answer another common question, this decision is going down to the wire because it’s complicated and there are a lot of parts and the Court wants to get it right. I recently talked to someone who clerked here, and he said that even if the case had been argued in October, it would still have probably gone to the last day.

President Lawless, ready to act!!!!

PappyD61 on June 28, 2012 at 9:16 AM

What is this? Tom (whoever he is) file a brief for AARP in support of the law? No likey

txmomof6 on June 28, 2012 at 9:16 AM

*great minds, etc. :)

Axe on June 28, 2012 at 9:16 AM

Slade
well B asked you a question, you should answer ………;(

angrymike on June 28, 2012 at 9:16 AM

After all the AP-Eyore posts, this feels much better. Thanks, Ed!

LtGenRob on June 28, 2012 at 9:16 AM

Please Lord Almighty – Let the SCOTUS vote this abomination unconstitutional.

D-fusit on June 28, 2012 at 9:16 AM

Plan B, you know, is to teach this again. Rub ash from eyes, teach this; dodge bullet, teach this; escape zombies, teach this …

Axe on June 28, 2012 at 9:10 AM

I truly believe that, had Hitler won WWII, we would still be fighting a guerilla war here after these 65 years.

Liam on June 28, 2012 at 9:17 AM

Of course Ed is right– we are already at Defcon 5 anyway, and an adverse decision means no Democrat will dare poke his/her head out his/her Congressional hole for weeks, lest he/she have to deal with the ever present crowds of outraged Tea Partiers.

MTF on June 28, 2012 at 9:12 AM | Delete | Delete and Ban

Common misconception: DEFCON works in reverse. Usually, increasing the numerical value of something indicates an increase in magnitude. That’s the opposite with DEFCON. Thus, DEFCON 5 is the LEAST state of severity.

So we’re not at DEFCON 5. We’re at DEFCON 1, at which the survival of our republic rests in the hands of 9 men and women (or, possibly, just Justice Kennedy).

God / Allah / Buddha / Raptor Jesus / Flying Sphaghetti Monster save us all.

Vyce on June 28, 2012 at 9:17 AM

100000 people watching SCOTUSBlog right now

Sekhmet on June 28, 2012 at 9:17 AM

!!!!!

Jeddite on June 28, 2012 at 9:17 AM

Abby Adams on June 28, 2012 at 9:15 AM

No… Bunny!

annoyinglittletwerp on June 28, 2012 at 9:17 AM

Stolen Valor Act is also up today

Sekhmet on June 28, 2012 at 9:17 AM

Don Grady, ‘My Three Sons’ star, dies at 68 – @peoplemag
Submitted 2 mins ago from http://www.people.com by editor

http://www.people.com/people/article/0,,20607638,00.html

canopfor on June 28, 2012 at 9:09 AM

Dude, give this crap up.

Dante on June 28, 2012 at 9:11 AM

canopfor: don’t listen. A bunch of us really value the news and links you post.

Dante: This is an open thread. That means that anything OT is perfectly permissible.

RushBaby on June 28, 2012 at 9:17 AM

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