Supremes Decide Fate of ObamaCare

by Jack

If you read Investors Business Daily you’ll get the opinion that Obamacare is dead, but don’t bet the family farm on it, plenty of credible people following this case think it will pass. David Hogberg, writer for IBD believes it will be Kennedy that holds the swing vote, with liberals Ginsburg, Sotomyor, Kagan and Breyerr all lined up in support. However, we won’t know their decision until around mid June, according to attorney Thomas Goldstein of the SCOTUS blog.

Until the release date the Justices will likely collaborate, deciding their formal opinions. There could be as many as four different opinions headed our way. Writing assignments will now be made, and the weeks-long process of crafting those opinions will commence. One thing is for sure, it will be a tedious, often contentious exercise in judicial review. This all takes place in secret – and if tradition holds up there will be no press releases and no leaked information. Mums the word until June.

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2 Responses to Supremes Decide Fate of ObamaCare

  1. Tina says:

    While it’s true we won’t know the final decision until June and the left leaning judges are assumed to be all in for Obamacare the three days of arguments were certainly tough sledding for the governments (Obamacare) lawyers.

    On day one Verelli was unable to explain to the judges how the mandate could be a tax in one instance and a penalty in the next…both arguments having been made by Verelli.

    Justice Kennedy made a very strong point twice during proceedings. Mike Brownfield of Heritage:

    …Justice Kennedy stated that the governments theory would fundamentally change the relationship between the individual and the state.

    If the mandate is struck down what happens? Some argue that without the mandate the law will not work. There are political disputes about why the severability clause was left out but, putting that aside, Kennedy was among the justices whose remarks were harsh regarding the governments case.

    Heritages Todd Gaziano and Hans von Spakovsky explain:

    The more liberal justices were clearly hostile to the arguments being made by Paul Clement on behalf of the challengers that the entire statute must be struck down. However, other justices, including Chief Justice Roberts and Justice Kennedy, were obviously concerned that the complex scheme designed by Congress will not work as intended by Congress without the individual mandate which is the heart of the law as Justice Scalia and others later referred to it and thus they may need to strike down the entire law if the mandate is unconstitutional.

    More here: http://briancalle.ocregister.com/2012/03/27/supreme-court-arguments-day-two-a-train-wreck-for-obamacare/

    Justice Kennedy asked Solicitor General Donald Verrilli, arguing for the Obama administration, Can you identify for us some limits on the Commerce Clause?

    Mr. Verrilli said, Yes. The the rationale purely under the Commerce Clause that were advocating here would not justify forced purchases of commodities for the purpose of stimulating demand. [It] would not justify purchases of insurance for the purposes in situations in which insurance doesnt serve as the method of payment for service.

    Justice Kennedy replied, But why not? If Congress if Congress says that the interstate commerce is affected, isnt, according to your view, that the end of the analysis.

    One way or another this law will not stand. Over half of the states are challenging the law and over half of the American people want it repealed. If not the supremes then let it be a republican controlled congress and White House!

  2. Princess says:

    This Supreme Court is an embarrassment of corruption and stupidity. Alito is a complete moron. John Roberts failed at swearing in Obama and had to do it again. Clarence Thomas is the laziest, most worthless jurist ever (and probably corrupt too) and the two Obama appointees are just waiting to vote as left as humanly possible on every issue.

    Alito should resign from the bench after the stupid stuff he said this week like his lame broccoli analogy, the comment about the “cornhusker kickback” that wasn’t even in the bill, etc.

    Our local government is a bunch of clowns. Our state legislature is a bunch of clowns. All three branches of our federal government is a bunch of clowns.

    When you look at how pathetic both sides are, it isn’t surprising that things don’t ever get better, but they always manage to get worse.

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