September 28, 2011
— Ace Although other petitions have landed there, Gabe says, this is the one the Court will most likely accept.
The National Federation of Independent Business (NFIB) stole a march on the Obama Administration this morning by filing a petition with the U.S. Supreme Court appealing the 11th CircuitÂ’s Obamacare decision.The Department of Justice (DOJ) had announced on Monday that it was not going to ask all 11 judges of the 11th Circuit Court of Appeals to review en banc the August 12 decision of a three-judge panel of the 11th Circuit that found the individual mandate unconstitutional. This opened up a path to an appeal by DOJ to the Supremes.
However, with this petition, the NFIB jumped ahead of Eric HolderÂ’s slow-moving DOJ (which until Monday had done everything it could to slow-walk this case filed by 26 states and the NFIB). The NFIB is obviously not appealing the three-judge panelÂ’s opinion about the unconstitutionality of the individual mandate. But the NFIB is appealing the portion of the panelÂ’s decision that held that the unconstitutional individual mandate could be severed from the Obamacare legislation.
Either way the Supreme Court rules, it's bad for Obama. If it strikes ObamaCare down, it's a big problem, because then he has to run for re-election promising his base that he'll pass some kind of health care measure in his second term.
And everyone not in that base is not giving him a second bite at the apple, when he screwed the first shot up so badly. And worse yet, did not listen to the people while doing so.
How could he appease the public on that? "This time, I promise I won't completely ignore you and shut you out of the discussion"?
Few would buy his promises to be more inclusive or bipartisan this time around.
Obama would risk derisive jeers even saying anything like this.
Vote For Barack Obama
Remember that time he burned your house down? Yeah, well he promises this time he'll only light three matches at a time.
Posted by: Ace at
02:58 PM
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Post contains 350 words, total size 2 kb.
Posted by: Flounder at September 28, 2011 03:02 PM (Kkt/i)
http://nbcsports.msnbc.com/id/44703941/
Posted by: ombudsman at September 28, 2011 03:03 PM (AxHOT)
Ok, and if they uphold it?
Posted by: Native Americans at September 28, 2011 03:04 PM (s1vtf)
Posted by: chad at September 28, 2011 03:04 PM (YmQkS)
Obama would risk derisive jeers even saying anything like this.
I somehow doubt that would stop him. Inside his mind, he's still loved and adored and has never made a mistake.
He thought he made one once, but he was wrong.
Posted by: BackwardsBoy, Tea Party SOB at September 28, 2011 03:05 PM (d0Tfm)
Posted by: Dr Spank at September 28, 2011 03:06 PM (OGQrv)
Posted by: Captain Hate at September 28, 2011 03:07 PM (OGZqf)
Posted by: joeindc44 at September 28, 2011 03:07 PM (QxSug)
ace: Either way the Supreme Court rules, it's bad for Obama. If it strikes ObamaCare down, it's a big problem, because then he has to run for re-election promising his base that he'll pass some kind of health care measure in his second term.
********
Excuse me, but I, like other commenters upstream don't get this. I understand it is bad for Obama if the court strikes down Obama care.
But if it upholds it? How is that bad for him? You mean it energizes our base?
Posted by: ed at September 28, 2011 03:09 PM (Y2WVW)
Posted by: History book, 2050 A.D. at September 28, 2011 03:09 PM (w41GQ)
I still think, just for sport, we could elect a veto-proof, Tea Party congress, reelect the stuttering clusterfuck of a miserable failure, and then make him watch as all his landmark legislation gets repealed while the SCOTUS watches him like a hawk.
The prospect of a lame duck term for him is truly fapworthy.
Posted by: BackwardsBoy, Tea Party SOB at September 28, 2011 03:09 PM (d0Tfm)
Posted by: Dr Spank at September 28, 2011 03:10 PM (OGQrv)
Posted by: The Big Book of Traditional Mexican Folk Sayings at September 28, 2011 03:11 PM (QKKT0)
Of course, if the mandate is not severable, then the whole bill is scrapped.
Posted by: mrshad at September 28, 2011 03:11 PM (Xqfwb)
Then it makes it crystal clear that the only way to get rid of it is to get rid of him, thus potentially energizing the voters to take him out.
It's possible.
Posted by: Kensington at September 28, 2011 03:12 PM (Z7toi)
Posted by: Dr Spank at September 28, 2011 03:12 PM (OGQrv)
Posted by: joeindc44 at September 28, 2011 03:13 PM (QxSug)
Posted by: ace at September 28, 2011 03:13 PM (nj1bB)
Well, they're going to uphold Obamacare in principle, in the same way Heller upholds all but the most facially preposterous gun control laws.
So if Romney's the nominee, the SC decision might add to the depression of the not-Democrat vote, but I think "Romney" depresses it past losing anyway.
No downside!
Posted by: oblig. at September 28, 2011 03:14 PM (xvZW9)
Posted by: Justice Elena Kagan at September 28, 2011 03:14 PM (QKKT0)
WaPo threw her a wet kiss a few days ago...and the left has been pre-emptively going after the black guy on the SCOTUS
Posted by: beedubya at September 28, 2011 03:14 PM (AnTyA)
Posted by: Governor Bev Perdue at September 28, 2011 03:14 PM (nj1bB)
Posted by: Johnny (John E.) at September 28, 2011 03:15 PM (nRTou)
A Wise Latina once said, everyone should have government-provided health care, even if they are forced to pay for it themselves at gunpoint.
And a softball-playing Jewess added, "Recuse myself? Why would I recuse myself?"
Posted by: somebody else, not me at September 28, 2011 03:15 PM (7EV/g)
But the NFIB is appealing the portion of the panelÂ’s decision that held that the unconstitutional individual mandate could be severed from the Obamacare legislation.
Earlier today, I commented that one of the Carolina's AG's (can't remember which one) had discovered the lack of a severability clause in OCare thanks to their rush to get it passed. That the 11th would act like it's still there is cause for much concern.
The way I understand it, that clause absolutely, positively has to be there to prevent the rest of the law from being thrown out. That's not something that's baked into the Constitution.
But, then again, I could be wrong.
Posted by: BackwardsBoy, Tea Party SOB at September 28, 2011 03:15 PM (d0Tfm)
If that happened, then odds are 1:1 I'd get to see the SCOAMF go after Tapper with TOTUS.
I was just checking out Insty and he posted a note from a reader saying that it feels like 1914 and he's wondering who the Archduke will be. I agree there's that sense in the air. I would say that if Obamacare is upheld, then that may be the match to the fire. I recently saw that something like only 17% of the country believes that the current government has the consent of the governed. If Obamacare is upheld, then there's not even a pretense that we're a free people. And then fwwooooosh.
I never wanted to live in interesting times.
Posted by: alexthechick at September 28, 2011 03:15 PM (Gk3SS)
1. I think they want this to play out sooner, rather than later.
2. They are hoping they can build enough support/pressure to get Justice Thomas to recuse himself (a. He won't and b. They overestimate their ability to make this happen - especially now)
3. Delusions of Adequacy. (SCOAMF)
4. They might have something sneaky or even completely dastardly planned to create a vacancy on the court. This is my longshot guess, and while I doubt their competence, I don't doubt their willingness.
Posted by: Biff Manly at September 28, 2011 03:17 PM (dTlVD)
Posted by: CoolCzech at September 28, 2011 03:18 PM (niZvt)
Posted by: steevy at September 28, 2011 03:18 PM (fyOgS)
But that's still not good for him. Now he's got to impose even higher taxes.
Posted by: ace at September 28, 2011 07:13 PM (nj1bB)
Not good for him?
He'll be gone and we're all stuck with the higher taxes.
Posted by: Tami at September 28, 2011 03:21 PM (X6akg)
And then fwwooooosh.
The suspension of elections would also do it.
And you know that's a curse, not a toast, don't you?
Posted by: BackwardsBoy, Tea Party SOB at September 28, 2011 03:21 PM (d0Tfm)
Thanks for the reminder!
Obama 2012--he needs to keep doing those jobs Americans won't do!
Posted by: Hrothgar at September 28, 2011 03:21 PM (i3+c5)
They might have something sneaky or even completely dastardly planned to create a vacancy on the court. This is my longshot guess, and while I doubt their competence, I don't doubt their willingness.
Oh Jesus. Not that I haven't of it, but oh Jesus.
Posted by: jewells45, tea party terrorist at September 28, 2011 03:22 PM (Z71Vg)
Posted by: Native Americans at September 28, 2011 07:04 PM (s1vtf)
I will be piffed.
Posted by: Patrick Henry at September 28, 2011 03:24 PM (jucos)
Posted by: CoolCzech at September 28, 2011 03:26 PM (niZvt)
Posted by: tasker at September 28, 2011 03:27 PM (rJVPU)
Posted by: Mr Fever Head at September 28, 2011 03:27 PM (SzAZ7)
Posted by: CoolCzech at September 28, 2011 03:28 PM (niZvt)
Posted by: The Mega Independent at September 28, 2011 03:28 PM (5I0Yr)
1. I think they want this to play out sooner, rather than later.
That's a theory at Kos, too. However it ends, make it a year-old issue by the time Election Day rolls around.
Posted by: arhooley at September 28, 2011 03:30 PM (0Kwjq)
Posted by: tasker at September 28, 2011 03:30 PM (rJVPU)
Posted by: Sharkman at September 28, 2011 03:30 PM (wMsKw)
Kagen should recuse herself because of the work she did as solicitor general for 0bama in regard to the passage of 0bama care.
Posted by: Willy at September 28, 2011 03:31 PM (akk2p)
Posted by: arhooley at September 28, 2011 07:30 PM (0Kwjq)
If they started it right now they wouldn't rule until June is what I have heard.
Posted by: robtr at September 28, 2011 03:31 PM (MtwBb)
I heard some analyst or another on the radio say they could say Obamacare has to be implemented before it is subject to judicial review.
Posted by: CoolCzech at September 28, 2011 07:28 PM
But with two federal courts making two different rulings on it, doesn't it have to be . . . straightened out, or something?
Posted by: arhooley at September 28, 2011 03:32 PM (0Kwjq)
>>>>I heard some analyst or another on the radio say they could say Obamacare has to be implemented before it is subject to judicial review.<<<<
That's true of TAXES, but as we all know, Obama and the Democrats swore up and down that this wasn't a TAX, but INSURANCE (just like Social Security was supposed to be)
Posted by: Teresa in Fort Worth, TX at September 28, 2011 03:33 PM (0xqzf)
Honest to God, and I mean this in the nicest and politest kind of way,
Just fuck these people....just fuck em. Run roughshod over the electorate, ignore our pleas not to do this, Harry Reid, bragging about opening up Obama's Christmas present and being "amazed and beloved" about everything in the healthcare package." Just Fuck Em!
Posted by: jdcfalcon in Vegas at September 28, 2011 03:33 PM (DnA+x)
Posted by: tasker at September 28, 2011 03:34 PM (rJVPU)
If they started it right now they wouldn't rule until June is what I have heard.
Posted by: robtr at September 28, 2011 07:31 PMYeah, scratch that. I can't remember what I read, but the "sooner the better" theory holds over there.
Posted by: arhooley at September 28, 2011 03:34 PM (0Kwjq)
I expect SC weasel-don't they hate to wade into these things like the plague? Posted by: tasker at September 28, 2011 07:34 PM
That's my impression.
Posted by: arhooley at September 28, 2011 03:36 PM (0Kwjq)
Posted by: Dr Spank at September 28, 2011 03:36 PM (OGQrv)
Didn't they write ObamaCare so that it doesn't come into effect until 2013. Posted by: tasker at September 28, 2011 07:30 PM
2014 fully implemented, but I thought some provisions were kicking in already.
Posted by: arhooley at September 28, 2011 03:37 PM (0Kwjq)
Posted by: chemjeff at September 28, 2011 03:38 PM (s7mIC)
Posted by: tommygun at September 28, 2011 03:39 PM (T2ydq)
I think instead that if SCOTUS strikes down ObamaCare, Obama will turn it into a referendum on SCOTUS. "See that Scalia guy? He's gettin' kinda old, ya know..."
Posted by: chemjeff at September 28, 2011 07:38 PM
Eh, he can call the SCOTUS every name in the book but he can't DO anything about them.
But if they won't hear it, and at least one federal court has ruled it illegal/unconstitutional, doesn't that halt its implementation?
Posted by: arhooley at September 28, 2011 03:40 PM (0Kwjq)
Posted by: buzzion at September 28, 2011 03:40 PM (GULKT)
Posted by: Marv Cloggenstein at September 28, 2011 03:42 PM (0fUOB)
Posted by: Just kidding (no I'm not) at September 28, 2011 03:44 PM (STTZD)
Posted by: dr kill at September 28, 2011 03:45 PM (le5qc)
Posted by: macintx at September 28, 2011 03:45 PM (ucs8Y)
Posted by: Marv Cloggenstein at September 28, 2011 03:46 PM (0fUOB)
Posted by: tasker at September 28, 2011 03:46 PM (rJVPU)
Posted by: tasker at September 28, 2011 03:48 PM (rJVPU)
Posted by: tasker at September 28, 2011 07:48 PM (rJVPU)
Now I'm really piffed!
Posted by: Patrick Henry at September 28, 2011 03:53 PM (jucos)
Got to the last thread late. OT, but I read over at the Hill that Cain said today he would not support Perry if he was the GOP nominee BUT he would support ROMNEY!!! Did you guys see the article?
Cain, suffering from a bout of stupidosity and inflated ego, said he just couldn't get past the in-state tuition thing and he believes Romney, the creator of MassCare, would repeal Obamacare. He did say if he see's Romney waivering on that that he'll pull his support. Waivering on repealing it when - after Romney's elected?
FUCKING. A.
Posted by: Ghost of Kim Novak at September 28, 2011 03:57 PM (8DdAv)
Posted by: CoolCzech at September 28, 2011 04:00 PM (niZvt)
Posted by: Abe Vigoda at September 28, 2011 08:02 PM (L+jqr)
I went to the Perry apologizes link on Drudge, which took me to the Hill. On the right side of the video box there are listings of articles. It said Cain will not support Perry. Evidently, he said it today in some interview.
Posted by: Ghost of Kim Novak at September 28, 2011 04:08 PM (8DdAv)
Named after a SCoaMF.
Posted by: sifty at September 28, 2011 04:22 PM (4CSeG)
No, no I mean your a ghost.
What in the hell am I still doing here?
Posted by: Abe Vigoda at September 28, 2011 04:22 PM (L+jqr)
He is the last blade of grass on the edge of the cliff and they are holding on for dear life.
I LOL.
Posted by: sifty at September 28, 2011 04:23 PM (4CSeG)
Posted by: Empire of Jeff is in BEAST MODE at September 28, 2011 04:28 PM (z/Mo8)
I have a theory that I have not seen anywhere else, but I think is correct...or it might be stupid....you tell me....
The Obama Administration has declined an application for en banc
review of Obamacare by the 11th circ. court of appeals. Instead,
requesting transfer to SCOTUS. The silly common wisdom here is that
1) Obama wants to defend the law and a delay would push the SCOTUS
review into 2013, thus under what might very well be a Republican
Administration, and 2) he is, of course, very confident of victory and
this shows it.
Neither of these are right. Obama needs the economy to correct itself
before Nov. 2012...or he is out. Getting SCOTUS to overturn Obamacare
is exactly what he needs to have happen in roughtly June of 2012. He
knows Obamacare is a huge albatross on business (or at least he has
been told that) and there will be an immediate (if only psychological)
rebound from the overturning of Obamacare. Plus, he can get out of it
with clean liberal hands -- "I tried to help you, but these bastard
conservatives on the SCOTUS killed our healthcare reform, etc., etc.
and it would have been GREAT!!!" See, if it dies in June -- then he
can claim how awesome the would have been. He obviously has no
problem bludgeoning the SCOTUS when he doesn't like their decisions
(see Citizen's United shots in the State of the Union Address).
Obama wants SCOTUS to kill Obamacare, I guarantee that is the
political and legal calculus behind this decision....
Posted by: BrotherJ at September 28, 2011 04:28 PM (/lB/H)
Posted by: Empire of Jeff is in BEAST MODE at September 28, 2011 08:28 PM (z/Mo
I still have the seat cushion I was sitting on election night 2008 clamped in my ass cheeks.
Nothing is gonna make it let go but Obama getting fired.
Posted by: sifty at September 28, 2011 04:32 PM (4CSeG)
Posted by: Empire of Jeff is in BEAST MODE at September 28, 2011 04:36 PM (z/Mo8)
Posted by: Jean at September 28, 2011 04:47 PM (WkuV6)
Posted by: Abe Vigoda at September 28, 2011 08:22 PM (L+jqr)
No, I am not dead and yes I am hot. And you are still here.
Posted by: Ghost of Kim Novak at September 28, 2011 04:57 PM (8DdAv)
Posted by: We have been set up at September 28, 2011 05:31 PM (rZZA3)
Posted by: Barbarian at September 28, 2011 05:41 PM (EL+OC)
Some of the law kicked in last year, last September people's policies had to cover chidren up to age 26! In January they removed OTC products from FSAs so that they could get more $ in taxes from us. They also made the max an employee can contribute to be $2,500. It was up to the employer up until then. OTCs cost a lot, if you get a prescription for something you can buy OTCs.
These people are deviants, I'm sure they wanted it to be in SCOTUS now. I won't be happy until Obama is out of the White House, and takes all his Chicago dirty pols with him.
Posted by: Carol at September 28, 2011 06:00 PM (z4WKX)
Republican Nominee, Mitt "I'm not a Reagan Republican" Romney
The guy who literally gave us Obamacare is going to be the nominee of the Republican party.
And tell me, PLEASE, what in the f**k is Romney going to do besides lower corporate tax rates and protect those entitities that are already "too big to fail" ?
Not a g***amn thing, that's what. There are two classes of people in America nowadays: those who are "too big to fail" and those who are "too small to matter."
Both parties spend all of their effort trying to convince us that the other "small people" are the ones destroying the country. Fuck that. I know exactly who's ruining America, and it isn't the school teacher down the street, or the small business guy who lives next door, or the single mom who lives kiddie corner to me. It isn't the blacks, or the Mexicans, or the Jews, or the Arabs.
It's the no good, money-grubbing, busy-body, nanny-state loving assholes who run my state and federal government. It's the son-of-a-bitching Wall Street scum who blew up the economy and came running to the American people for bailouts.
There are two cities where these assholes primarily congregate. Screw them.
Posted by: stickety at September 28, 2011 06:07 PM (FUDwf)
Posted by: BrotherJ at September 28, 2011 08:28 PM (/lB/H)
Yes, that is how I see it too. The Obama administration knows nothing they do will help the economy, but if they get the court to scuttle Obamacare, then the economy will start to improve and they might get some credit for the improvement.
I do not think the country is dumb enough not to notice the relationship between our current problems and Obamacare, if that happens, but you never know.
And what other chance do they have?
Obamacare goes down, economy improves, the pressure on Obama is lifted somewhat.
Posted by: petunia at September 28, 2011 07:33 PM (hgrmi)
94-- At least Romney was a Republican... Perry was a Democrat all through Reagan's term. He supported Gore against Bush I.
After Nixon, lots of Republicans became independents.
Romneycare: power flows from the people to the government, Romney gave the people what they asked for.
Obamacare: So what if the people don't want it! The power of government takes care of the poor little people who don't know what is good for them.
This is what no one seems to get.
The people of MA asked for what Romney gave them. He isn't Obama, he didn't shove anything down anyone's throat.
Why is Romney's respect for the power of the people to choose what services their state provides so threatening?
It is the polar opposite of Obama's philosophy.
Posted by: petunia at September 28, 2011 07:40 PM (hgrmi)
Posted by: BrotherJ at September 28, 2011 07:52 PM (/lB/H)
Petunia: Why is Romney's respect for the power of the people to choose what services their state provides so threatening?
So why doesn't that apply to the Texas Dream Act? or is it only RINOs that get that kind of pass?
Posted by: rabidfox at September 28, 2011 08:03 PM (x10jo)
Posted by: LonelyConservativeIn MI at September 28, 2011 08:05 PM (rZZA3)
Can't say I agree with you. I think forcing people to buy health insurance when they don't want to is quite wrong. Constitutionally, I think it's legal for MA to do this, but it's still stupid and it's still wrong. Romney also raised taxes and spending and banned guns. He's a balls to the wall liberal until the day it's inconvenient to his politics. At that point, he goes from hellbent pro choice to hellbent pro life. He completely reinvents himself, and is completely inauthentic. Thus, I just don't know what I get if he's the next president. I Suspect a weakling with no character.
Rick Perry has a more impressive life story. Yeah, he was a Texas democrat in the 1980s, which is more conservative than a MA Republican has generally ever been. Big deal. You say he was a democrat in the time of Reagan, but Romney specifically disclaimed a return to Reagan type politics. He loses the 'reagan' test to just about anybody.
Romney explained he wanted to see Romneycare nationwide, and then deleted that wish when the polls said otherwise.
We need someone who is a little more forthcoming about his views. Beat Perry up all you like, but at least the dude is owning his silly bleeding heart policy like a man.
Haven't all GOP nominees other than Romney pledged to repeal Obamacare? Romney has some kind of mealy mouthed comment about it. Why? So he can excuse himself when the polls say he should.
If you care about this country, vote for Perry because Perry knows how to get jobs. Romneycare=MA nearly last for jobs. Obamacare=low jobs for the USA, and only a fool thinks Romney will have the spine to lead the fight against Obamacare.
Take it from Romney's pal T Paw.
Posted by: Dustin at September 28, 2011 11:08 PM (fF625)
Posted by: J.J. Sefton at September 29, 2011 02:23 AM (UlUS4)
Posted by: Justamom at September 29, 2011 05:22 AM (Sptt8)
Posted by: Justamom at September 29, 2011 05:30 AM (Sptt8)
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Posted by: joeindc44 at September 28, 2011 03:00 PM (QxSug)