November 14, 2011
— Ace Just announced, now on their docket for this term. A decision will come sometime between March and June.
Details: At SCOTUSblog, thanks to Drew.
Setting the stage for a historic constitutional confrontation over federal power, the Supreme Court on Monday granted three separate cases on the constitutionality of the new federal health care law, and set aside 5 1/2 hours — probably in March — for oral argument. The Court, however, did not grant all of the issues raised and it chose issues to review only from three of the five separate appeals before it. It is unclear, at this point, whether all of the cases will be heard on a single day.The Court will hold two hours of argument on the constitutionality of the requirement that virtually every American obtain health insurance by 2014, 90 minutes on whether some or all of the overall law must fail if the mandate is struck down, one hour on whether the Anti-Injunction Act bars some or all of the challenges to the insurance mandate, and one hour on the constitutionality of the expansion of the Medicaid program for the poor and disabled.
Other challenges were not granted cert, ones that I don't think ever got any traction from any lower court.
Posted by: Ace at
06:04 AM
| Comments (90)
Post contains 224 words, total size 1 kb.
The next 12 months should be, ah, interesting.
Posted by: dblwmy at November 14, 2011 06:06 AM (BvTwT)
Posted by: laceyunderalls at November 14, 2011 06:08 AM (d16c4)
Posted by: Ms Choksondik at November 14, 2011 06:08 AM (fYOZx)
Posted by: RUReadingthis at November 14, 2011 06:08 AM (V92KK)
I'm not sure how this plays politically.
Does it help anyone?
If it's found constitutional, then we're screwed in the long run because the government has carte blanche to make us buy whatever it wants.
If it's overturned, does it then take the issue of the table for Romney and Obama in the 2012 election?
Posted by: Ben at November 14, 2011 06:09 AM (wuv1c)
Posted by: tommygun at November 14, 2011 06:09 AM (T2ydq)
Posted by: Dave at November 14, 2011 06:10 AM (Xm1aB)
Posted by: Ms Choksondik at November 14, 2011 06:10 AM (fYOZx)
Posted by: nevergiveup at November 14, 2011 06:11 AM (i6RpT)
Posted by: Greg at November 14, 2011 10:05 AM (AixDW)
Greg's licking of Obozo's ass at 100% this morning.
Posted by: TheQuietMan at November 14, 2011 06:12 AM (1Jaio)
Kagan needs to be forced to recuse herself. Get Breitbart or someone on it to dig up the dirt and put the pressure on.
Posted by: Voluble at November 14, 2011 06:13 AM (JKX4x)
Posted by: Dave at November 14, 2011 06:13 AM (Xm1aB)
Posted by: Chinese Curses at November 14, 2011 06:13 AM (71LDo)
Posted by: nevergiveup at November 14, 2011 06:14 AM (i6RpT)
Posted by: Totally Irrational Political Malcontent at November 14, 2011 06:15 AM (rJVPU)
Posted by: Dave at November 14, 2011 06:15 AM (Xm1aB)
Posted by: nevergiveup at November 14, 2011 06:16 AM (i6RpT)
Posted by: tasker at November 14, 2011 06:16 AM (14jKX)
Posted by: laceyunderalls at November 14, 2011 06:17 AM (d16c4)
Posted by: Greg at November 14, 2011 06:17 AM (AixDW)
Posted by: AllenG (Dedicated Tenther) says 'No' to RINO Romney at November 14, 2011 06:17 AM (8y9MW)
Posted by: tasker at November 14, 2011 06:18 AM (14jKX)
Posted by: Totally Irrational Political Malcontent at November 14, 2011 10:15 AM (rJVPU)
That makes it much more interesting and valuable.
Posted by: CharlieBrown'sDildo (NJconservative) at November 14, 2011 06:19 AM (ES+yV)
Posted by: Dave at November 14, 2011 06:19 AM (Xm1aB)
Obamacare : Healthcare
Projects : Housing
Posted by: Lemmiwinks at November 14, 2011 06:19 AM (pdRb1)
Posted by: GOP at November 14, 2011 06:20 AM (fYOZx)
Posted by: laceyunderalls at November 14, 2011 06:20 AM (d16c4)
Posted by: Titus Quinctius Cincinnatus at November 14, 2011 06:20 AM (+inic)
The issue was already off the table if Romney was the nominee. Romney supported MassCare which includes an individual mandate. Romney said, "I like mandates; mandates work." Some of the advisers who helped craft MassCare helped craft ObamaCare.
Yodel all you want about "Federalism" and, "He wouldn't have done that at a national level," most people won't understand the difference, and those of us who do don't believe it.
On the other hand, if !Romney is the nominee, it's on the table no matter what happens.
Posted by: AllenG (Dedicated Tenther) says 'No' to RINO Romney at November 14, 2011 06:21 AM (8y9MW)
If you are going to troll, at least be interesting and try to use real, honest-to-goodness facts sometimes.
By the way, has your dad switched to the hypo-allergenic lube? It should help.
Posted by: CharlieBrown'sDildo (NJconservative) at November 14, 2011 06:21 AM (ES+yV)
If the Supremes uphold this... then the Constitution is moot.... as the Contract AS WRITTEN has no meaning....
The Constitution is a contract between the People, States, and Federal Government.... but when you let ONE party of a contract, control the terms of the contract, eventualy the other parties to the contract will be scroomed (old term, combination screwed, and doomed)....
As the US Supreme Court, part of the FEDRAL Government, is the ONLY arbiter of what the Contract says? Is the ONLY group given power to ENFORCE said contract??? Of course the Federal Government will slowly but surely, over centuries, gain in power.
No conpiracy... just incremental change...
But... as I heard somewhere once.... 'When in the course of Human Events....'
Posted by: Romeo13 at November 14, 2011 06:21 AM (NtXW4)
Posted by: dfbaskwill at November 14, 2011 06:21 AM (71LDo)
Posted by: Greg at November 14, 2011 06:22 AM (AixDW)
Posted by: Dave at November 14, 2011 06:22 AM (Xm1aB)
Posted by: Long-time Commenter, First-time Reader (Perry guy) at November 14, 2011 06:23 AM (Jbj03)
Posted by: Greg at November 14, 2011 06:23 AM (AixDW)
No it means rassmussen continues to go full leftard. They have been doing it since they did poorly in a couple of states in the 2010 election. All of the polling firms tilt left, rassmussen is becoming an embarrassment even compared to the network pollers.
Posted by: robtr at November 14, 2011 06:24 AM (MtwBb)
This. If the Supreme Court upholds ObamaCare, then somewhere, some big doomsday clock will start ticking down. I don't know how much time will be on it, but I can guarantee you that there will be blood in American streets at some point. Part of me says the sooner that were to happen the better, but an equal part of me says "Please spare me and my children." But, either way, it will happen unless the Federal Government realizes that our current government and culture will not long survive that kind of centralized, autocratic control.
Posted by: AllenG (Dedicated Tenther) says 'No' to RINO Romney at November 14, 2011 06:24 AM (8y9MW)
Posted by: izoneguy at November 14, 2011 06:25 AM (i6Neb)
Posted by: Dave at November 14, 2011 10:13 AM (Xm1aB)
In reality, there is no check on the power of the judiciary. Sure, individual corrupt judges can be removed, after an arduous process, but the judiciary can simply seize power for itself.
And they certainly are arrogant enough to think they are worthy of more power.
The legal profession in general and the judiciary in particular is a fundamentally anti-conservative institution. It is a system in which people seek an official to hand down a decision. Moreover, it's a decision that's assumed to unbiased and uncorrupted by wise experts.
Posted by: AmishDude at November 14, 2011 06:28 AM (T0NGe)
32Cross your fingers everyone, and hope Justice Kennedy doesn't have gas that day!
Gawd, he's the one I always worry about. Every court decision is a roll of the dice with him.
Every day I say a prayer for the health of Scalia, Thomas, Roberts, Alito and even Kennedy and Ruth Buzzi (cause Obozo would replace either with a Sotomayor or Kagan clone) through at least 1/20/2013.
And yes, I phrase it exactly that way.
Should I change it?
Posted by: Marybeth at November 14, 2011 06:28 AM (Ks0w4)
Posted by: Greg at November 14, 2011 10:23 AM (AixDW)
I think the trolls are being a little bit lazy.
Posted by: AmishDude at November 14, 2011 06:28 AM (T0NGe)
Debates will focus on the dissenters (Kagan, WiseLatinatm,Ginsberg, etc.) and whether America wants to give the SCoaMF four more years to appoint Supreme Court Justices who would find in the Constitution the power for our federal government to ram shit sandwiches like this down our collective throats.
On the other hand, if our side loses, we make our pitch to an electorate which hates Obamacare with a passion, hates the Justices for "blessing" it, and seeks to throw out the Dems who passed the monstrosity and who gave life tenure to jurists who let them get away with it.
I like our odds either way. (Assuming Gingrich gets the nomination. Romney will have little or no traction on this important issue.)
Posted by: Z as in Jersey at November 14, 2011 06:30 AM (jF5A4)
Posted by: Dave at November 14, 2011 06:30 AM (Xm1aB)
Posted by: Greg at November 14, 2011 06:30 AM (AixDW)
Posted by: Empire of Jeff at November 14, 2011 06:30 AM (vzFJV)
Posted by: Dave at November 14, 2011 06:32 AM (Xm1aB)
No president since FDR has been re-elected with unemployment over 7.5%. None.
Nobody in their right mind thinks that unemployment will be even under 8% by fall 2012, let alone under 7.5%.
I don't care how much "the public" your circle of liberal friends *wants* to like Obama. Everybody else sees: he's had 4 years to improve the economy and he decided instead to saddle it with a giant new entitlement while he goes out and plays some more golf.
Posted by: chemjeff at November 14, 2011 06:33 AM (OoiW1)
Posted by: Greg at November 14, 2011 10:30 AM (AixDW)
Hey dumbass, go read real clear politics and you tell me. You have to love how rassmussen is all of a sudden the liberals favorite pollster.
Posted by: robtr at November 14, 2011 06:33 AM (MtwBb)
Posted by: Jean at November 14, 2011 06:34 AM (WkuV6)
With the numbers as is, Obama is at 50% and would win re-election.
Posted by: Greg at November 14, 2011 10:22 AM (AixDW)
He's at 45% in the average of all polls.
Posted by: Jon at November 14, 2011 06:34 AM (gkCyJ)
Because he has SHUT UP for a while.
No speeches, no big events. He hasn't been in the news.
When people don't have to listen to Obama, they seem to like him more. Funny that.
Posted by: chemjeff at November 14, 2011 06:35 AM (OoiW1)
Posted by: Dave at November 14, 2011 10:19 AM (Xm1aB)
The U6 unemployment rate is comfortably above 16%. (For context, between the election of Bush and July 2008 it never got above 10.5%, it went up steadily until Nov. 2008 and skyrocketed after the election of Obama.)
There is no way you can get the U3 down without the U6 going down first. As I understand it also, the Obama administration has manipulated the numbers so as to keep the U3 rate artificially low, but those games can't be played with the U6.
In other words, there are a lot of underemployed people who are looking for the same jobs as unemployed people.
Posted by: AmishDude at November 14, 2011 06:36 AM (T0NGe)
Then what institution would you propose to effectuate, however imperfectly, the Rule of Law?
Posted by: Dave at November 14, 2011 10:30 AM (Xm1aB)
I wrote a short story once... may have to pull it out and rewrite it... but... basic premise was that the Dept. of Justice, was renamed to Dept. of Law... and a ONE man Dept. was created, as the Justice Department...
One man, whose ONLY power was to SHOOT anyone he thought had bypassed Justice, through a legal loophole. He could be 'fired' by Congress and the President, but never Prosecuted for what he did...
What lawyers, and the Government Lawyers who write the Laws don't seem to understand anymore, is that Legal, and Just, are two different things...
Its LEGAL for Congresscritters to use inside knowledge to make trades on the market and make money.... however, with the rules they place on the rest of US, its not Just.... soooo... /BANG!
Posted by: Romeo13 at November 14, 2011 06:37 AM (NtXW4)
Posted by: Cherry pi at November 14, 2011 06:38 AM (OhYCU)
Why? Because they're racist?
Race-based noblesse oblige is racism. Possibly the most disgusting form that it takes.
Posted by: AmishDude at November 14, 2011 06:39 AM (T0NGe)
Posted by: Cherry pi at November 14, 2011 10:38 AM (OhYCU)
Speaking of witch (that's not a typo)......
Attention Whoring Attorney Gloria Allred To Hold Second Press Conference Today On Cain Sexual Harassment Claims, Will Feature Ex-Boyfriend of Sharon BialekÂ…
http://tinyurl.com/83hnlow
Posted by: Tami at November 14, 2011 06:41 AM (X6akg)
Posted by: robtr at November 14, 2011 06:42 AM (MtwBb)
Posted by: Jean at November 14, 2011 06:48 AM (WkuV6)
Then what institution would you propose to effectuate, however imperfectly, the Rule of Law?
Posted by: Dave at November 14, 2011 10:30 AM (Xm1aB)
I would have ethical supervision over the legal profession from outsiders.
Other reforms could be put in place to provide a disincentive from judges ruling based on their own perceived "wisdom".
Posted by: AmishDude at November 14, 2011 06:49 AM (T0NGe)
That's completely wrong. On a state's rights/10th Amendment basis, Romney is completely credible on this issue. Do you have credibility? Which loser candidate (who claimed Romneycare would sink Romney did you/do you support?
Posted by: ParisParamus at November 14, 2011 06:51 AM (bN5ZU)
Posted by: Jon at November 14, 2011 06:52 AM (gkCyJ)
Posted by: Dane Rather, Chief Correspondent, Currant TV at November 14, 2011 06:55 AM (KOQBP)
Posted by: Mike at November 14, 2011 07:03 AM (NH9Y5)
Posted by: Dave at November 14, 2011 07:06 AM (Xm1aB)
Posted by: BHO at November 14, 2011 07:44 AM (zHl9z)
Remember that this is the same SC that saw no problem with stealing private property not for a public purpose but to potentially increase tax revenues.
It also recently said that the People have no right to resist any police entity's illegal actions
They also said that Americans have no legal standing to question whether or not a politician meets the Constitutional requirements for office
Posted by: Mark E at November 14, 2011 08:09 AM (w5RwR)
Posted by: J.J. Sefton at November 14, 2011 08:11 AM (UlUS4)
Why? Lawyers do not provide a good or service that people choose voluntarily. They are an outgrowth of the government and are only able to make money because of the system we the people provide them to get rich off of. All government employees have maximum salaries.
Ethical supervision by outsiders? I'd be okay with that as long as lawyer-haters like yourself were excluded from supervisory positions.
Posted by: Dave at November 14, 2011 11:06 AM (Xm1aB)
Why not? Lawyers have supervision over the ethics of every other profession. And capitalist-hating lawyers are a large chunk of the mix.
Posted by: Luke Russert at November 14, 2011 08:22 AM (T0NGe)
Posted by: Bob Saget at November 14, 2011 08:23 AM (SDkq3)
Posted by: steevy at November 14, 2011 12:34 PM (7WJOC)
Posted by: Interposition, Nullification, and Secession, per Jefferson and Madison at November 14, 2011 07:21 PM (SYhX2)
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Posted by: Greg at November 14, 2011 06:05 AM (AixDW)