February 03, 2011

Virginia Requests Expedited Supreme Court Ruling on ObamaCare
— Ace

We really need this to happen quickly, because we're not going to gain any Supreme Court justices while Obama's in office. On the other hand, people do get sick, retire, or die on the job.

Especially with the left calling for riots and stringing justices up.

Cuccinelli wants the matter resolved.

Cuccinelli (R) said that conflicting court decisions about the law's constitutionality have created sufficient uncertainty about implementation of the sweeping law to justify speeding Supreme Court review.

The Justice Department will oppose the motion, saying that the case should be fully heard by lower courts before the Supreme Court takes action.

Posted by: Ace at 02:44 PM | Comments (147)
Post contains 118 words, total size 1 kb.

1 The other thing I've heard is that, if Kagan recuses herself, then a 4-4 decision is a win for Virginia; while if a Circuit Court overturns first, then 4-4 is a loss.

Posted by: Meiczyslaw at February 03, 2011 02:48 PM (bjRNS)

2 Whatever the courts decide -- including the Supremes -- will be ignored by Osama Obama.

He's gotten away with it, and doesn't give a shit he (well, his regime) that he's in contempt for maintaining the Gulf drilling ban.

He knows best for us. Why change now?

He has Democrat treason and Repub cowardice to keep him going. Not to mention his "Christian faith," which Fucks News is pimping again for the second time this hour....

Posted by: MrScribbler© at February 03, 2011 02:49 PM (Ulu3i)

3

On fire today Ace.

 

We have to end this bill before it gets implemented, or there is no going back

Posted by: Ben at February 03, 2011 02:50 PM (DKV43)

4 It only takes 4 agreeing to get the case on the docket. So maybe there will be an early hearing.

Posted by: Vic at February 03, 2011 02:50 PM (M9Ie6)

5 a post on Ward Bird might make for some good reading and commenting...

Posted by: Leftover Soothsayers at February 03, 2011 02:52 PM (gt3o0)

6 Related:
I've been off the internet all day so maybe this was talked about. Peter DeFazio (D-OR) is going to introduce a bill where people can opt out of the mandate if they sign an "affidavit of personal responsibility"to insure you pay your medical expenses. That's right, a federal politician wanting to require citizens to be fiscally responsible. The irony must be lost on him.

Posted by: lowandslow at February 03, 2011 02:53 PM (rplS1)

7

Over on Ricochet, Paul Rahe says that the Democrats' only hope lies with the Supreme Court striking down Obamacare before the 2012 elections.

Yesterday, Mitch McConnell – who may even outdo John Boehner in wiliness – did to the Democratic majority in the Senate what John Boehner had already done to the Democratic minority in the House, and we can look forward to him doing it again and again. He forced them to take a stand on the signature legislative accomplishment of the Obama administration; and like sheep being lead to the slaughter they lined up for execution. There are hardly any Democrats in the House who voted for the repeal of Obamacare, and no Democrat did so in the Senate. Instead, they hung the carcass around their necks like the albatross born by the Ancient Mariner. This they did, cognizant that the party’s hard-left base would turn on them in the primaries if they supported repeal, and this they did in full awareness that the measure is profoundly unpopular and that its unpopularity is steadily growing. I cannot imagine that morale is high among the Democrats in either house.

I have said it before, and I will say it again. Only the Supreme Court can save the Democrats. Were I a party strategist, my hero would be Judge Roger Vinson, who earlier this week made a compelling case for the view that Obamacare is unconstitutional. Were I a Democratic strategist, I would press for an early decision by the Supreme Court. Otherwise, the Democrats will lose their majority in the Senate, and their ranks in the House will be further thinned.

Posted by: stuiec at February 03, 2011 02:53 PM (Di3Im)

8 If anyone can list the courts based upon political ideology that would be swell. Plus, when will the circuits eventually rule on this case? When do they start?

Posted by: Flapjackmaka at February 03, 2011 02:57 PM (c5RQr)

9

Posted by: stuiec at February 03, 2011 06:53 PM (Di3Im)

 

I know how the dems feel.  I painted myself into a corner once.

Posted by: Soona at February 03, 2011 02:58 PM (N2GVy)

10 if Kagan recuses herself

Haha, no.

Posted by: Bob Costas On The Softball Team In Drag And A Fat Suit at February 03, 2011 02:59 PM (xvZW9)

11 if Kagan recuses herself

She'd only recuse herself if she advised on the law, helped write it, or advised on the defense on any of the lawsuits. Don't bet on it.


Posted by: Gabriel Malor at February 03, 2011 03:01 PM (XVaFd)

12 My sense is that there's a political consideration here on Cuccinelli's part.  It's not that the conflicting opinions in various districts merit the attention of the Supremes; Cuccinelli would not be pushing for direct review unless he was pretty confident that he has a win there, whether or not Kagan recuses.  I'm guessing the vote-counting presumptions have been done, and he thinks he's got five.  At the very least, he thinks he's got a better shot in the Supreme Court than he does at Circuit Court.

Trust me, no attorney on Earth wants to be standing in the buffet line at the bar convention, with everyone around him knowing it's his fault for resulting in a precedent-setting loser.  If the Supremes were to decide against him and America be stuck with the finding that this kind of federal overreach passes Constitutional muster, he'll be wanting to go into the Witness Protection Program and get a new identity.  He's already done the math on that risk.

Posted by: Keith Arnold at February 03, 2011 03:02 PM (Jdtsu)

13 We need to get it tossed now before we turn into Egypt, know what they have? Universal Health Care and look what happened.

Posted by: robtr at February 03, 2011 03:02 PM (hVDig)

14 Not gonna happen. Obama has already decided this is what we're gonna do and he won and all.

Stare Narcissus, yo. Respect the Won.

Posted by: 7 Chinese Spammers at February 03, 2011 03:03 PM (hCQG5)

15 Cuccinelli told a member of Congress that ObamaCare will likely go before SCOTUS in June 2012.

Posted by: Miss'80sBaby at February 03, 2011 03:04 PM (sZ+lP)

16 Gabe...can someone petition Vinson for an injunction at this point since it's pretty obvious that Ogabe will just ignore his ruling?

Posted by: beedubya at February 03, 2011 03:04 PM (AnTyA)

17 @14: "Stare Narcissus"

I am soooooo going to steal that line.  Nice touch.

Posted by: Keith Arnold at February 03, 2011 03:07 PM (Jdtsu)

18

Ummm.... Has there been a STAY granted in the 26 State Case?

Because he flat out ruled it was unconstitutional, and thus it is UNLESS there is a Stay granted.

I've been looking... and have not seen anything in the news about it... and its been a couple of days now.

Posted by: Romeo13 at February 03, 2011 03:08 PM (AdK6a)

19

I know how the dems feel.  I painted myself into a corner once.

Posted by: Soona at February 03, 2011 06:58 PM (N2GVy)

Only the Dems had a plan, you see.  They were going to lasso the ceiling fan with their fifteen-foot swinging dicks and make like Tarzan to the door.  They're as shocked as anyone that their plan has (*ahem*) fallen short in several particulars.

Posted by: stuiec at February 03, 2011 03:09 PM (Di3Im)

20 She'd only recuse herself if she advised on the law, helped write it, or advised on the defense on any of the lawsuits. Don't bet on it.

I doubt that she would recuse herself if she helped write the damn law.

Posted by: Vic at February 03, 2011 03:09 PM (M9Ie6)

21 16 Gabe...can someone petition Vinson for an injunction at this point since it's pretty obvious that Ogabe will just ignore his ruling?

Posted by: beedubya at February 03, 2011 07:04 PM (AnTyA)

I read that no injustion was needed.... he ruled.

Now, they can grant a Stay to his ruling... but I have not seen any reports of that in the news...

Posted by: Romeo13 at February 03, 2011 03:09 PM (AdK6a)

22 how conservative is the 4th and 11th circuit?

Posted by: Flapjackmaka at February 03, 2011 03:11 PM (c5RQr)

Posted by: Miss'80sBaby at February 03, 2011 03:12 PM (sZ+lP)

24 Now, what would be really funny?  If no higher Court took the Vinson decision for revue.... so it would just stand...

Posted by: Romeo13 at February 03, 2011 03:13 PM (AdK6a)

25 Someone posted a link to Fox News about Al Gore arguing Snowmageddon was caused by Global Warming....

And one of the comments asked if there was any meteorological event that is not caused by Anthropogenic Climate Change. Which made me realize, is the Theory of Man Made Climate Change even falsifiable?

Posted by: Holger at February 03, 2011 03:15 PM (YxGud)

26

She'd only recuse herself if she advised on the law, helped write it, or advised on the defense on any of the lawsuits. Don't bet on it.

Gabe.. shouldn't she recuse herself based on the governing law?

Twenty-eight U.S. Code 455 : "(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: ... (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy."

She was Ebola's SG...so it would be more than fair to aasume that she advised him on his Healthscare Scam.

If she illegally refuses to recuse herself, what legal means are in place to deal with that?

Posted by: beedubya at February 03, 2011 03:16 PM (AnTyA)

27 Wait a minute.  Didn't I hear all the liberal talking heads saying that the Vinson decision didn't matter because this case was always heading to the Supreme Court?  Well?  Send it!

Posted by: Cooter at February 03, 2011 03:16 PM (BcLJD)

28 Yeah, I was watching when Fox aired Obama's remarks from the "Prayer Breakfast" today............when he says "my Christian faith" the smirk on his face is unmistakable, he has to look down at the lecturn to avoid cracking himself up.

Posted by: Boots at February 03, 2011 03:19 PM (neKzn)

29 Is this thread dead or something? Come on, this is one of the most important cases in modern history. Is the 4th and 11th circuit liberal or are they conservative? I notice the 4th is the one with a district split ruling. But the one with the more weight on the anti mandate side (the one with virginia) won with Hudson. Do you think Virginia and the 26 states will swing the judges? Because when states get in there then I'm guessing the Judge must be careful.

Posted by: Flapjackmaka at February 03, 2011 03:20 PM (c5RQr)

30

Posted by: Flapjackmaka at February 03, 2011 07:20 PM (c5RQr)

Well, the Supremes are feeling froggy right now...

They overruled the 9th 5 times in one week... and kinda read them the riot act in the decisions...

Posted by: Romeo13 at February 03, 2011 03:21 PM (AdK6a)

31 Now, what would be really funny?  If no higher Court took the Vinson decision for revue.... so it would just stand...

Posted by: Romeo13 at February 03, 2011 07:13 PM (AdK6a)

 

I lol'd at first.  But then I started realizing that this could be a possibility.  But just to play politics here; wouldn't it be better to have this in the process of being considered by at least a circuit court when the elections start rolling around next year? 

Posted by: Soona at February 03, 2011 03:22 PM (N2GVy)

32 What would happen if the republicans reintroduced and pushed the 2005 proposal to allow across state line insurance sales?

Posted by: ol'miss at February 03, 2011 03:25 PM (i7LZB)

33 Methinks the Supremes are over rated. Ever since FDR rolled them on income taxes they have become nothing more than an annex to the Post Office. Can anyone remember when they stood their ground based on a simple reading of the Constitution? Thought not. They are a collection of careerists in the worst meaning of that phrase. They serve to lick their master's hand.

Posted by: Krugman: NOBEL at February 03, 2011 03:28 PM (fy8R6)

34 What would happen if the republicans reintroduced and pushed the 2005 proposal to allow across state line insurance sales?

Gee, you mean treat the interstate commerce clause like it was originally intended?

Posted by: Vic at February 03, 2011 03:28 PM (M9Ie6)

35

I lol'd at first.  But then I started realizing that this could be a possibility.  But just to play politics here; wouldn't it be better to have this in the process of being considered by at least a circuit court when the elections start rolling around next year? 

Posted by: Soona at February 03, 2011 07:22 PM (N2GVy)

It would be better for the country to have the Supremes weigh in on the Commerce Clause... but since when do judges do what is best for the country?

Anything the Supremes say about the Commerce clause, is going to open up a WHOLE bunch of lawsuits over other laws.... because they have been over reaching using it for generations.

So... I would not be suprised if, like the Leo Donetello case about "Natural Born Citizenship" and dual citizenship... they will find a way to let the lower court case stand, so they do NOT have to rule on it.

Posted by: Romeo13 at February 03, 2011 03:29 PM (AdK6a)

36

Now, what would be really funny?  If no higher Court took the Vinson decision for revue.... so it would just stand...

Posted by: Romeo13 at February 03, 2011 07:13 PM (AdK6a)

The Comrade Zero Regime has already proved that it has no regard for District Court decisions.  http://tinyurl.com/6f95k6b

Posted by: Cicero at February 03, 2011 03:29 PM (QKKT0)

37 Cucinelli wants to be Governor.

He's got my vote.

Posted by: Jeff Weimer at February 03, 2011 03:30 PM (1/nkx)

38 23 Semi-OT: Bernie Sanders: "Get rid of the private health care companies"

Posted by: Miss'80sBaby at February 03, 2011 07:12 PM (sZ+lP)

I would agree to getting rid of the private law firms.

We need single payer for lawyers.  Let's see if ol' Bernie goes for that.

Posted by: AmishDude at February 03, 2011 03:30 PM (BvBKY)

39 34 What would happen if the republicans reintroduced and pushed the 2005 proposal to allow across state line insurance sales?

Gee, you mean treat the interstate commerce clause like it was originally intended?

Posted by: Vic at February 03, 2011 07:28 PM (M9Ie6)

Yeah, cracks me up that the use the Interstate Commerce clause as the reason they can do this, while they specificly say that this product cannot be sold across State Lines... and thus cannot be INTERSTATE commerce.

Posted by: Romeo13 at February 03, 2011 03:30 PM (AdK6a)

40 That Cuccinelli is one hard nosed little macaca.

Posted by: George Allen at February 03, 2011 03:31 PM (SJ6/3)

41 28 Yeah, I was watching when Fox aired Obama's remarks from the "Prayer Breakfast" today............when he says "my Christian faith" the smirk on his face is unmistakable, he has to look down at the lecturn to avoid cracking himself up.

Posted by: Boots at February 03, 2011 07:19 PM (neKzn)

I can't wait until he says "God" or "Jesus" and scratches his face with his middle finger.

You know he wants to.

Posted by: AmishDude at February 03, 2011 03:32 PM (BvBKY)

42 34 What would happen if the republicans reintroduced and pushed the 2005 proposal to allow across state line insurance sales?

Now that the Fl court ruled Odeathcare unconstitutional, it seems that bringing a bill to allow the interstate sale of insurance would be the thing to do NOW! 

Posted by: Laptop Moronette at February 03, 2011 03:33 PM (HqFeB)

43 34 What would happen if the republicans reintroduced and pushed the 2005 proposal to allow across state line insurance sales?

Are a number of Republican members in-favor of that? I thought someone had tried a bill on that last year. Was it DeMint?

Posted by: Miss'80sBaby at February 03, 2011 03:35 PM (sZ+lP)

44

Yeah, cracks me up that the use the Interstate Commerce clause as the reason they can do this, while they specificly say that this product cannot be sold across State Lines... and thus cannot be INTERSTATE commerce.

 

Wow... you know... new LEGAL line of Attack??? That Congress, by saying this insurance cannot be sold across State Lines, by default, defines it as NON Interstate commerce? and thus NOT under the power of Congress?

Posted by: Romeo13 at February 03, 2011 03:35 PM (AdK6a)

45 43 34 That's "aren't", darn it. 

Posted by: Miss'80sBaby at February 03, 2011 03:36 PM (sZ+lP)

46 Would promotion of the interstate sale of insurance not highlight the fact that interstate commerce clause is being used to prevent "affordable" health care options to promote the governments version?  Couldn't interstate sale also roll out quickly enough to diminish their argument that OCare is needed?

Posted by: ol'miss at February 03, 2011 03:36 PM (i7LZB)

47

How many armies does the Supreme Court have?

...I thought so.

Posted by: Comrade B+rry Ob+owmao at February 03, 2011 03:36 PM (TeAXB)

48 I read that no injustion was needed.... he ruled.

What's the mechanism to make the administration obey court rulings? They ignored the ruling on their offshore drilling ban...

Posted by: HeatherRadish at February 03, 2011 03:37 PM (TUpD9)

49 I can not find the ideological makeup of the circuits anywhere, any clue I really want this down.

Posted by: Flapjackmaka at February 03, 2011 03:39 PM (c5RQr)

50 is the Theory of Man Made Climate Change even falsifiable?

In theory, yes.  In practice, no.  Some theories are only falsifiable in theory practice.  For example, "it will be raining here in one billion years" is theoretically falsifiable, but not practically it is not..  The only way to falsify "Man Made Climate Change" can be falsified would be to eliminate all man made carbon emission including breathing, take into account all other factors that affect the climate than measure the change.

But with no one breathing who would measure?


Posted by: MIT Wannabe at February 03, 2011 03:40 PM (B8HE2)

51

Alternatively - be careful of what you wish. 

Expedite Anthony Kennedy's spastic colon deciding your future, and how long you will live in it.   

Posted by: blaster at February 03, 2011 03:41 PM (aU7Ox)

52 What's the mechanism to make the administration obey court rulings? They ignored the ruling on their offshore drilling ban...

Posted by: HeatherRadish at February 03, 2011 07:37 PM (TUpD9)

There is none other than possibly Congress threatening Impeachment.

Posted by: Holger at February 03, 2011 03:42 PM (YxGud)

53

There is none other than possibly Congress threatening Impeachment.

Posted by: Holger at February 03, 2011 07:42 PM (YxGud)

Well?

Posted by: Barbarian at February 03, 2011 03:52 PM (EL+OC)

54

Well?

Posted by: Barbarian at February 03, 2011 07:52 PM (EL+OC)

I wish our Supreme Court could do what the Honduran Supreme Court did to Zelaya.

Posted by: Holger at February 03, 2011 03:54 PM (YxGud)

55 53

There is none other than possibly Congress threatening Impeachment.

Posted by: Holger at February 03, 2011 07:42 PM (YxGud)

Well?

Posted by: Barbarian at February 03, 2011 07:52 PM (EL+OC)

Well... there are a few other possibilities... we did put the 2nd Amendment in for a reason...

Posted by: Thomas Jefferson at February 03, 2011 03:54 PM (AdK6a)

56

Dan Snyder is sueing over this. Hysterical

http://tinyurl.com/6336udb

Posted by: dagny at February 03, 2011 03:57 PM (QVbqL)

57 The 4th district is supposed to be one of the most conservative in the country, or at least it used to be. No idea about the 11th.

Posted by: changer1701 at February 03, 2011 03:58 PM (wliu4)

58

"On the other hand, people do get sick, retire, or die on the job."

OTOOH, sometimes they get mugged while out "jogging."

Posted by: mrobvious at February 03, 2011 03:59 PM (G7Jng)

59

There is none other than possibly Congress threatening Impeachment.

Posted by: Holger at February 03, 2011 07:42 PM (YxGud)

 

Maybe we should start ratcheting up the debate on that.  I mean, if the Dear Leader and the regime can pick and choose which law to disobey, why can't we.  Let's see.  I think I'll take a vacation to DC and go visit the capital building and light up a big ole' Punch corona in the middle of the rotunda.

Posted by: Soona at February 03, 2011 04:00 PM (N2GVy)

60 >>There is none other than possibly Congress threatening Impeachment.

Not exactly. They can defund [power of the purse] and they can, in theory, strip the President of his authority [consent of the governed, as a principle]

Posted by: 7 Chinese Spammers at February 03, 2011 04:00 PM (hCQG5)

61

How many armies does the Supreme Court have?

...I thought so.

Posted by: Comrade B+rry Ob+owmao at February 03, 2011 07:36 PM (TeAXB)

Funny that. The military swears an oath to the constitution so it has as many as odouchebag does. Hopefully, we won't have to find out. How's his civilian military funded as well as the real military coming along? I hear they wear purple.

Posted by: dagny at February 03, 2011 04:04 PM (QVbqL)

62 Is this where I bitch about snowfall? No? Good, 'cause it's more satisfying when I am annoying someone.

Just checked for forecast for Saturday. Been hearing about the coming snow for a while, but I finally got numbers. 5-8" in my neck of the woods.

Fuck me running, with the car door open.

Posted by: all shoveling and no play makes fluffy a dull boy at February 03, 2011 04:05 PM (SwkdU)

63

Posted by: Comrade B+rry Ob+owmao at February 03, 2011 07:36 PM (TeAXB)

Um, it's not your Army either Barry.

Posted by: CDR M at February 03, 2011 08:02 PM (5I8G0)

 

I'm convinced he doesn't realize that yet.  This could be very interesting. 

Posted by: Soona at February 03, 2011 04:06 PM (N2GVy)

64 37 Cucinelli wants to be Governor.

He's got my vote.

Posted by: Jeff Weimer at February 03, 2011 07:30 PM (1/nkx)

He's got my vote and whatever else. Moronettes, have you seen him?

Posted by: dagny at February 03, 2011 04:06 PM (7oMSd)

65

Maybe we should start ratcheting up the debate on that.  I mean, if the Dear Leader and the regime can pick and choose which law to disobey, why can't we.  Let's see.  I think I'll take a vacation to DC and go visit the capital building and light up a big ole' Punch corona in the middle of the rotunda.

Posted by: Soona at February 03, 2011 08:00 PM (N2GVy)

What he really needs is the political variation of a man sized backhander to the teeth.

He's nothing more than a no account affirmative action punk who's been allowed to ignore or make the rules every step of the way.

Until some GOP leader has the gonads to smack him in his snot locker he's going to keep on bullying the system until it crumbles. It's been painfully obvious for a while now. Don't expect him to stop on his own.

Posted by: ontherocks at February 03, 2011 04:08 PM (HBqDo)

66

Um, it's not your Army either Barry.

Posted by: CDR M at February 03, 2011 08:02 PM (5I8G0)

 

I'm convinced he doesn't realize that yet.  This could be very interesting. 

Posted by: Soona at February 03, 2011 08:06 PM (N2GVy)

 

In addition:  I'm also convinced that he still doesn't realize how many repub governors are out there.  And how pissed these governors are. 

Posted by: Soona at February 03, 2011 04:09 PM (N2GVy)

67 Until some GOP leader........ Posted by: ontherocks at February 03, 2011 08:08 PM (HBqDo) You betcha!

Posted by: Sarah Palin at February 03, 2011 04:11 PM (c5RQr)

68 Flapjackmaka, hubby will be back in a min. He tries cases in fed court so he's sure to have an opinion about the ideological makeup. I'll ask. Southern Fla, right?

Posted by: dagny at February 03, 2011 04:11 PM (7oMSd)

69 69 Until some GOP leader........

Posted by: ontherocks at February 03, 2011 08:08 PM (HBqDo)


You betcha! Posted by: Sarah Palin at February 03, 2011 08:11 PM (c5RQr)

Got your six girl.

Posted by: Michelle Bachmann at February 03, 2011 04:12 PM (EL+OC)

70 Recuse myself?  In our moment of triupmh?  I think you overestimate their chances.

Posted by: Grand Moff Elena Kagan at February 03, 2011 04:13 PM (zgZzy)

71 Screw the Department of Social Justice. I hope the SCOTUS decides to take this right away, and I hope Alito wears a Remember the SOTU 2010 T-shirt over his robe during the hearing.

Posted by: CoolCzech at February 03, 2011 04:13 PM (tJjm/)

72 72 Recuse myself? In our moment of triupmh? I think you overestimate their chances. Posted by: Grand Muff Elena Kagan at February 03, 2011 08:13 PM (zgZzy) FTFY

Posted by: CoolCzech at February 03, 2011 04:14 PM (tJjm/)

73

OK. The 11th circuit is pretty conservative. "Trust me, it's not a good circuit for the administration to be in".

There you have it. Hope..........and .................Change. Yes we can!

Posted by: dagny at February 03, 2011 04:16 PM (7oMSd)

74 I hope the SCOTUS decides to take this right away, and I hope Alito wears a Remember the SOTU 2010 T-shirt over his robe during the hearing.

Posted by: CoolCzech at February 03, 2011 08:13 PM (tJjm/)

Thread winner.

Posted by: RushBabe at February 03, 2011 04:17 PM (urYpw)

75

How many armies does the Supreme Court have?

...I thought so.

Posted by: Comrade B+rry Ob+owmao at February 03, 2011 07:36 PM (TeAXB)

If you think the United States Military is going to turn on Patriot judges and American citizens over that commie piece of shit you've got your head up your ass Zero!  But all I need is 72 hours, and I'll have the Seventh Army in Kenya looking for a birth certificate

Posted by: Zombie Gen George S. Patton jr. at February 03, 2011 04:17 PM (B8HE2)

76

FTFY

 

Definite unkempt bush under that robe.

Posted by: Grand Moff Elena Kagan at February 03, 2011 04:18 PM (zgZzy)

77 Flapjackmaka, hubby will be back in a min. He tries cases in fed court so he's sure to have an opinion about the ideological makeup. I'll ask. Southern Fla, right? Posted by: dagny at February 03, 2011 08:11 PM (7oMSd) ----------------------- Vinson I believe is the Northern Florida district. The case will now be heard in the 11th circuit court of appeals. Another one will be held this may in the 4th circuit. If you could ask him what the makeups of the 11th and 4th are that would be great. I believe the 4th is one of the most conservative courts yet they have more dem appointments then repub (4 Okle appointees on it). The 11th has more repub appointees. But I am not sure if Repub equals conservative and dem equals liberal. Do if you could ask that be great thank you. We just need one of these courts to rule our way.

Posted by: Sarah Palin at February 03, 2011 04:18 PM (c5RQr)

78 @70 dagny Sorry I forgot to take off my Palin sock puppet on post 81.

Posted by: Flapjackmaka at February 03, 2011 04:19 PM (c5RQr)

79

Definite unkempt bush under that robe.

Mind's eye bleach, please!  For the love of Gaia, someone hand me the mind's eye bleach.

Posted by: RushBabe at February 03, 2011 04:20 PM (urYpw)

80 Quit yer bitchin' fluffy. It's February in Massachusetts. And close your door!

My snow will be fluffy. Your getting 2-4" of that soggy crap. And mine that tone. I might just break through your front door with a snow shovel.

Posted by: Heeeeeeee-ere's fluffy! at February 03, 2011 04:26 PM (SwkdU)

81

81

He says that they are by FAR the two most conservative circuits. He says they will not win in front of the 11th. The fourth circuit is MORE conservative than the 11th regardless of its makeup. I asked why if there were more dem appointees than republicans and he said it didn't matter. He says that they are both conservative--more strict constitutionalists--than any other circuits. He said that there is no way that the 11th would reverse Vinson. Richmond and Atlanta have the reputation of the 9th but in the other direction. Good courts.

Posted by: dagny at February 03, 2011 04:26 PM (7oMSd)

82

Surely I can't be the only pessimist on this.

It'll slowly work it's way to the Supremes, where they will likely rule that "compelling government interests" override the text and intent of the Constitution.  Again.

And they'll word such a decision in way applies specifically to this case, without resolving the limits of the interstate commerce clause.  Again.

Posted by: Hollowpoint at February 03, 2011 04:28 PM (SY2Kh)

83

My guess is there is a whole lot of judge shopping going on right now.  Also I would suspect this goes to the supreme court sooner rather than later.  if Kagan recuses herself and Kennedy stays on the side of the constitution as it was written instead of reading the emminations from the tea leaves. It could go down 5 to 3 not 4-4, Scolia, Thomas, Roberts, Alito and Kennedy vs The wise latina,  the Raisin and Stephen (I'm not an originalist)Breyer

Posted by: Ohio Dan at February 03, 2011 04:30 PM (EH4cc)

84 He says that they are by FAR the two most conservative circuits. He says they will not win in front of the 11th. The fourth circuit is MORE conservative than the 11th regardless of its makeup. I asked why if there were more dem appointees than republicans and he said it didn't matter. He says that they are both conservative--more strict constitutionalists--than any other circuits. He said that there is no way that the 11th would reverse Vinson. Richmond and Atlanta have the reputation of the 9th but in the other direction. Good courts. ------------------------- Thanks for clearing that up. We just have to pray then from here on out. I believe the 4th is hearing in early may. I hope I last that long. The wait will kill me.

Posted by: Flapjackmaka at February 03, 2011 04:31 PM (c5RQr)

85 She was Ebola's SG...so it would be more than fair to aasume that she advised him on his Healthscare Scam.

No, that's not the SG's job. So, no, I doubt very much it's "fair to assume" it.

Posted by: Gabriel Malor at February 03, 2011 04:32 PM (XVaFd)

86 the botnet suspects allowing insurance sales across state lines may have the same result as the Goober Grahamnesty proposal allowing an opt-out of the mandate... undermine the complaint before the case is heard.

"Hey, States... what the fuck is your problem with the mandate?  There's no mandate!"

That fucking Grahamnesty is going to put us in the untenable position of Congress voting to keep the mandate while the States fight it in court.  Goddamned fucking idiot.

Posted by: the botnet at February 03, 2011 04:32 PM (LzxmI)

87

66 37 Cucinelli wants to be Governor.

He's got my vote.

The Cooch looked like an outstanding prospect until I heard that he disagreed with Corey Stewart's county proposal to check IDs of suspected illegals.  Two different folks from different ends of the state verified it and said Cooch said, "It's unconstitutional." 

WTF?  Word is The Cooch and Stewart do. not. like. each. other. at. all.  Apparently, rivalry trumps citizens' well-being.  I went looking for verification and found this numbersusa piece that does sound like our AG only wants IDs checked if someone is suspected of a felony.  So does that mean a routine traffic ticket offense doesn't require ID if you're from south of the border?

If anyone can tell me I'm wrong on this, I'd be grateful.

 

 

Posted by: RushBabe at February 03, 2011 04:32 PM (urYpw)

88 It'll slowly work it's way to the Supremes, where they will likely rule that "compelling government interests" override the text and intent of the Constitution. Again. And they'll word such a decision in way applies specifically to this case, without resolving the limits of the interstate commerce clause. Again. Posted by: Hollowpoint at February 03, 2011 08:28 PM (SY2Kh) ----------------------- 26 states are suing. I think even Kennedy would afford to be careful.

Posted by: Flapjackmaka at February 03, 2011 04:33 PM (c5RQr)

89

87

I would normally think that too. I just have a funny feeling that they watched Nancy Pelosi lie, cheat, and steal her way into passing that and all the bullshit that passed for legislating. It was banana republic time. They saw it too and I just don't know if that went over well.

I remember Sandra Day O'Conner (who I am no great fan of) look at the guys who brought in Bush v Gore. She said something like, "Did the Florida Supreme Court ignore what we said or did they not understand?" like their mother. I knew they were toast at that minute.

I don't know how anyone, even Kennedy, could have watched that healthcare debacle and think that the process or the bill was fine.

Posted by: dagny at February 03, 2011 04:34 PM (7oMSd)

90 OT In the sidebar we see that even when a demwit agrees more or less with us they can't get past the stupid.Notice Kirsten Powers multiple allusions to "Christian theocracy" being just as bad as muslim.As if there even is such a thing anymore anyway.Stupid scrunt.

Posted by: steevy at February 03, 2011 04:38 PM (x4Ybc)

91 No, that's not the SG's job. So, no, I doubt very much it's "fair to assume" it.

Posted by: Gabriel Malorat February 03, 2011 08:32 PM (XVaFd)

So is there any possiblity that Kagan at any time did something related to the Healthcare law that would require recusal?

Posted by: Wm T Sherman at February 03, 2011 04:38 PM (w41GQ)

92 You may huff and puff.. Oh wait.. your shining!

Look for me in the median strip on 495 on Sunday morning. I'll be the snowman with the demented look.

Posted by: fluffy Torrance at February 03, 2011 04:38 PM (SwkdU)

93

O/T but I swear. at this point, I don't care anymore about McCain having been a POW.   I would give my left whatever to punch this gasbag's teeth down his throat 'til he choked on 'em.

"I think there's a number of issues we could work on together, and I think it's pretty clear that the president has really pivoted to a much more centrist position, which I think makes it much more for us easier to work with him," McCain said.

McCain said he thought he and Obama could work together going forward on issues like immigration reform and enhanced rescission.

Posted by: Steph at February 03, 2011 04:39 PM (AkdC5)

94

McCain: "My friends..."

Democrats: *Snicker*

Posted by: Wm T Sherman at February 03, 2011 04:41 PM (w41GQ)

95

WTF?  Word is The Cooch and Stewart do. not. like. each. other. at. all.  Apparently, rivalry trumps citizens' well-being.  I went looking for verification and found this numbersusa piece that does sound like our AG only wants IDs checked if someone is suspected of a felony.  So does that mean a routine traffic ticket offense doesn't require ID if you're from south of the border?

I read the article to say that the police can check ID if they have committed any crime and if that officer believes they have violated federal law (are illegal). The only difference is that in Va they are allowed to do so and in Ariz they are required to do so. I didn't see felony in there.

Posted by: dagny at February 03, 2011 04:41 PM (7oMSd)

96

The Cooch looked like an outstanding prospect

The Cooch is a pussy

 

sorry but you left it right there over the plate

Posted by: robtr at February 03, 2011 04:43 PM (hVDig)

97 I can see it now..."In his strongly-worded dissent, Justice Scalia wrote..."

Posted by: USS Diversity at February 03, 2011 04:45 PM (DLxD/)

98 102 I can see it now..."In his strongly-worded dissent, Justice Scalia wrote..." ------------- You think we will lose?

Posted by: Flapjackmaka at February 03, 2011 04:46 PM (c5RQr)

99

"I think there's a number of issues we could work on together, and I think it's pretty clear that the president has really pivoted to a much more centrist position, which I think makes it much more for us easier to work with him," McCain said.

McCain said he thought he and Obama could work together going forward on issues like immigration reform and enhanced rescission.

Posted by: Steph at February 03, 2011 08:39 PM (AkdC5)

Clearly McPain never really checked out of The Hanoi Hilton. It might have gotten him a manchurain senator's job but it was more like his Hotel California.

Time to go Johnny.

Posted by: ontherocks at February 03, 2011 04:49 PM (HBqDo)

100 You think we will lose?

Posted by: Flapjackmaka at February 03, 2011 08:46 PM (c5RQr)

If we do, it's game over man, game over!

Posted by: KG at February 03, 2011 04:50 PM (2k/Dg)

101 Losing is a possibility.I'm certainly not overconfident.

Posted by: steevy at February 03, 2011 04:52 PM (x4Ybc)

102

Rushbabe:

read this. It has a better explanation of Cooch's position and the reasons which are not what Stewart is acting like they are. (I need to go bleach my eyes because while I was researching I accidentally clicked on something called "blue virginia"--still having grossout seizures)

http://tinyurl.com/4d3pldp

Posted by: dagny at February 03, 2011 04:52 PM (7oMSd)

103 You think we will lose?

Posted by: Flapjackmaka at February 03, 2011 08:46 PM (c5RQr)

50/50. With what Liberals have done to the Law, I wouldn't doubt it.

Posted by: Holger at February 03, 2011 04:52 PM (YxGud)

104 104 They couldn't get rid of him in 2010,the last best chance.

Posted by: steevy at February 03, 2011 04:53 PM (x4Ybc)

105 If we need a Death Panel to decide on O-care, I volunteer. Is the patient beyond hope, no chance of recovery, no matter how much money is spent? Yup. Kill O'care. Next. (If O-care does get implemented, can we at least get a drive up window for service? "Welcome to Death Care, may I decide your fate?")

Posted by: cali grump at February 03, 2011 04:54 PM (hL0k8)

106 Bad news for morons,Guess Her Muff has been shutdown.

Posted by: steevy at February 03, 2011 04:55 PM (x4Ybc)

107 You think we will lose?

Posted by: Flapjackmaka at February 03, 2011 08:46 PM (c5RQr)

We shouldn't lose. But it shouldn't have gotten this far. And someone named Barack Hussein Obama shouldn't have been elected president less than a decade after 9/11. Way too many shouldn'ts.

Posted by: USS Diversity at February 03, 2011 04:56 PM (DLxD/)

108

We shouldn't lose. But it shouldn't have gotten this far. And someone named Barack Hussein Obama shouldn't have been elected president less than a decade after 9/11. Way too many shouldn'ts.

Posted by: USS Diversity at February 03, 2011 08:56 PM (DLxD/)

Just like I shouldn't be around either

Posted by: Mcain-Feingold at February 03, 2011 04:57 PM (FIDMq)

109 They couldn't get rid of him in 2010,the last best chance.

He's only got four, five terms before he shuffles off this mortal coil (and his daughter throws a hissy over not being appointed to his seat, heh).

Posted by: HeatherRadish at February 03, 2011 04:57 PM (TUpD9)

110 I'm not so sure we would be happy with a Supreme Court decision.  Something just tells me. No.

Posted by: jewells45 at February 03, 2011 04:58 PM (Z71Vg)

111 I've read a few articles about the Justices being totally apolitical, but I wouldn't put it past the Won to ask Old Ruth to take one last bullet for the team.

Posted by: MJ at February 03, 2011 04:59 PM (BKOsZ)

112 115 I'm not so sure we would be happy with a Supreme Court decision. Something just tells me. No. --------------- you think? Even the way Kennedy was treated?

Posted by: Flapjackmaka at February 03, 2011 05:00 PM (c5RQr)

113

 I've read a few articles about the Justices being totally apolitical

Where, Cracked?

I don't mean that snarky. No way some of them are apolitical. Fucking Ginsburg, Souter.

Posted by: USS Diversity at February 03, 2011 05:01 PM (DLxD/)

114 I've read a few articles about the Justices being totally apolitical ------------- ha! lol good one

Posted by: Flapjackmaka at February 03, 2011 05:02 PM (c5RQr)

115

60: <i>Not exactly. They can defund [power of the purse]</i>

<p>I'm afraid that our current prez would just have Ben print up a few trillion bucks and loan it to whatever department or program Congress defunded.

Posted by: Spartan79 at February 03, 2011 05:02 PM (VZyOx)

116 I don't mean that snarky. No way some of them are apolitical. Fucking Ginsburg, Souter. --------- Oh, I agree. That was my first reaction. I still think its dangerous to leave think the ruling is strictly up to Kennedy. Its up to any of the liberals to make it a slam dunk if they decide to step down. Hence the need for speed.

Posted by: MJ at February 03, 2011 05:03 PM (BKOsZ)

117 Perhaps Barry is making some calls right now.  Someone help me out.  We have Roberts, Alito, Scalia, Thomas.  Breyer, Kagan, Sotomayor, Ginsberg.  Then we have Kennedy, wild card, right?  Hubby tells me Breyer actually started out conservative, appointed by GHW Bush.

Posted by: jewells45 at February 03, 2011 05:04 PM (Z71Vg)

118 "I've read a few articles about the Justices being totally apolitical" Wasn't Ginsburg with the ACLU? If that's apolitical then I'm Granny Goose. Kagan is closely linked with much of the crap the Clintons shoveled onto us. That's apolitical?! Whatever articles you're reading, stop, please.

Posted by: cali grump at February 03, 2011 05:06 PM (hL0k8)

119 OT:

AP gives Daley harsh "Bush/Katrina" treatment over lack of blizzard response.

Many people retrieving their cars from tow lots Thursday said they had no anger for the city or Daley, who's famous for his stern control of Chicago's inner workings

"There's not much you can do," said Jarrod Leak, 32. "You're at the mercy of mother nature. I think they did a great job. They got these cars off the road pretty fast. I cannot be thankful enough to the city of Chicago Fire Department."

Tracy Kepler, 42, didn't hold any grudges either.

"It's Chicago. It's a snowstorm," Kepler said. "They did the best they could. They planned the best they could. They towed the cars for free."

With an annual average snowfall of nearly 40 inches, Chicago has always exuded confidence when it comes to clearing snow.

Posted by: National Service of Journalistic Integrity at February 03, 2011 05:07 PM (lRAGM)

120

Um, it's not your Army either Barry.

 

CDR M, I'm sure he'd have all teh Gays that are currently serving and those that want to serve (you know those who's sole dream in life was to serve in the military, but you mean homophobes wouldn't let them in)--that would be quite a formidable force.  Add to that, the wimmens who think he's dreamy and the people of color who still support him.  I think his new Hope and Change Military would kick butt over the old military.  (Well, if not kick it, do something with the butt!)


Posted by: runningrn at February 03, 2011 05:09 PM (ihSHD)

121 Oh, and for my own sanity, I have to believe in my heart of hearts that God has not yet abandoned America.  Yeah, this country has wandered pretty far from its founding principles and it's moral underpinnings have unloosed, but I still have to believe that God is still looking out for us and Israel.  So I have to believe that what is just and right is going to prevail and that this hideous, illegal, "healthcare reform" is going to be driven out of existence.  I am truly praying that.  Otherwise, we have crossed the Rubicon.

Posted by: runningrn at February 03, 2011 05:12 PM (ihSHD)

122 Posted by: runningrn at February 03, 2011 09:09 PM (ihSHD)

Assuming they can hit the broad side of a barn...

Posted by: KG at February 03, 2011 05:15 PM (2k/Dg)

123 runningrn- I hope you are right.  It's our only hope.  Someone said upthread, about us electing a Barack Hussein Obama less than 10 years after 9/11.  yeah, it boggles the fucking mind. Who woulda thunk, huh?  This year will be the 10 anniversary of 9/11 and we'll have Jugears McFuckstick in charge.  God help us.

Posted by: jewells45 at February 03, 2011 05:15 PM (Z71Vg)

124 ...It could go down 5 to 3 not 4-4, Scolia, Thomas, Roberts, Alito and Kennedy vs The wise latina,  the Raisin and Stephen (I'm not an originalist)Breyer

Posted by: Ohio Dan at February 03, 2011 08:30 PM (EH4cc)

I like that better than my "shrinky dink". Only those who were Mom's of preschool kids in the 90s ever get that reference.

And yes, Cuccinelli is not only easy on the eyes, but he won't set himself up to lose [in reference to citizenship status]

Posted by: Museisluse at February 03, 2011 05:16 PM (u/Nbu)

125 No, that's not the SG's job. So, no, I doubt very much it's "fair to assume" it.

Posted by: Gabriel Malor at February 03, 2011 08:32 PM (XVaFd)

Huh? As SG, she would be representing the government in a case before the SC. In this case HHS is the defendant...which, it goes w/o saying, is a cabinet dept.

So you don't think Ogabe would have gone ahead and had meetings with Sebelius and Kagan - or had his subordinates do it and report to him-to discuss constitutional muster on a law like this that would most certainly face that challenge...and most likely end up before the SC??

I think it's very fair to assume

Posted by: beedubya at February 03, 2011 05:23 PM (AnTyA)

126 Ok, just found some pix of Cuccinelli.  He is a good looking man! 

Posted by: runningrn at February 03, 2011 05:25 PM (ihSHD)

127 11 if Kagan recuses herself

She'd only recuse herself if she advised on the law, helped write it, or advised on the defense on any of the lawsuits. Don't bet on it.


Posted by: Gabriel Malor at February 03, 2011 07:01 PM (XVaFd)

Its really cute that you think she'd even recuse herself if these were the circumstances.

Posted by: buzzion at February 03, 2011 05:25 PM (oVQFe)

128

I hope you are right.  It's our only hope.  Someone said upthread, about us electing a Barack Hussein Obama less than 10 years after 9/11.

On an earlier thread we were contemplating what pathos occured for people to buy into this guy in the first place. It may have been 9/11. It was a terrifying event followed by huge amounts of controversy. A trauma. I wonder if electing him was like a nervous attachment, a please like us, you scared us, we love you thing. Make me sick but I keep trying to figure it out somewhere past 52% are fucking idiots.

Posted by: dagny at February 03, 2011 05:25 PM (7oMSd)

129 I seem to remember when Kagan was going through the confirmation hearings that they asked her specifics about her involvement with the HC bill.  I thought she was directly involved with advising on it.    Am I wrong?

Posted by: Steph at February 03, 2011 05:25 PM (AkdC5)

130 17 posts since 0700. I can't keep up.

Posted by: Whatever at February 03, 2011 05:26 PM (piMMO)

131 131 Ok, just found some pix of Cuccinelli.  He is a good looking man! 

Posted by: runningrn at February 03, 2011 09:25 PM (ihSHD)

I think he has a bazillion kids though. But since they are probably better behaved than mine (mine are snarky) it would even out!

Posted by: dagny at February 03, 2011 05:27 PM (7oMSd)

132 134 I seem to remember when Kagan was going through the confirmation hearings that they asked her specifics about her involvement with the HC bill.  I thought she was directly involved with advising on it.    Am I wrong?

Posted by: Steph at February 03, 2011 09:25 PM (AkdC5)

But was she directly directly involved?

Posted by: buzzion at February 03, 2011 05:28 PM (oVQFe)

133

 Make me sick but I keep trying to figure it out somewhere past 52% are fucking idiots.

No, I think you about summed it up right there.  Most people are just plain stupid.  Fortunately, we have alot of people waking up to the nightmare that is Obama.

Posted by: jewells45 at February 03, 2011 05:30 PM (Z71Vg)

134 139 Yeah,like the 50% in the polls who still find him likeable.

Posted by: steevy at February 03, 2011 05:31 PM (x4Ybc)

135 Pray that this goes down guys. Pray it goes down in all circuit courts and especially the SCOTUS. Gabe, if you are still here can you answer if the 4th circuit has been conservative in its rulings even with the obible nominees recently? That would be swell.

Posted by: Flapjackmaka at February 03, 2011 05:33 PM (c5RQr)

136

 Yeah,like the 50% in the polls who still find him likeable.

That's going to change.  Quickly.  New unemployment figures.. we are now at 9.8%.  The economy is tanking and people will turn on him again.  And he totally botched the Egypt thing.  It's coming.  The reckoning.

Posted by: jewells45 at February 03, 2011 05:35 PM (Z71Vg)

137 141 Praying might help.On the other hand,God gave us Free Will to fuck things up if we so wish.

Posted by: steevy at February 03, 2011 05:37 PM (x4Ybc)

138 If the Supremes find this constitutional I say we get a shitload of horses and camels and go rampaging through the halls of Congress. They'd never see us coming.

Posted by: JackStraw at February 03, 2011 05:43 PM (TMB3S)

139

If the Supremes find this constitutional I say we get a shitload of horses and camels and go rampaging through the halls of Congress.

They'd never see us coming.

LMAO!!

Posted by: jewells45 at February 03, 2011 05:45 PM (Z71Vg)

140

Posted by: dagny at February 03, 2011 08:52 PM (7oMSd)

Thanks for the clarification, dagny.  I think I like Stewart's view better.

  From what I got in Tea Party mailings, VA did excellent in passing new illegal immigrant laws -- which is shocking.  The legislators dragged their feet getting to the hearings because they were afraid of having to make the right decision.  The room was PACKED with Hispanics and vocal useful idiots.  The Messicans were there to intimidate and even had video cameras set up on tripods!

Posted by: RushBabe at February 03, 2011 06:06 PM (urYpw)

141 Make me sick but I keep trying to figure it out somewhere past 52% are fucking idiots.

Posted by: dagny at February 03, 2011 09:25 PM (7oMSd)

I think the judges are gonna have to invoke the Occam's Razor ruling, as hard to take as it is for us 48%'ers.

Posted by: ontherocks at February 03, 2011 06:17 PM (HBqDo)

142 I think the judges are gonna have to invoke the Occam's Razor ruling, as hard to take as it is for us 48%'ers. ------------------ What does this mean? Are you sure they won't side with us. I'm not too sure Kennedy is fond of Obama.

Posted by: Flapjackmaka at February 03, 2011 06:20 PM (c5RQr)

143

Posted by: JackStraw at February 03, 2011 09:43 PM (TMB3S)

Are those Camels filtered or full on tobaccy delights?

Either way I'm in.

Posted by: ontherocks at February 03, 2011 06:21 PM (HBqDo)

144 What does this mean? Are you sure they won't side with us. I'm not too sure Kennedy is fond of Obama.

Posted by: Flapjackmaka at February 03, 2011 10:20 PM (c5RQr)

That was a reference to the simplest explanation is usually correct explanation explanation there IHOP. I don't know many Supreme's tunes myself, I'd have to defer to the many legal eagles here.

Posted by: ontherocks at February 03, 2011 06:27 PM (HBqDo)

145 Grand Muff Kagan. I should have expected to find you holding Breyer's leash. I recognized your foul stench when you were sworn in.

Posted by: The Constitution at February 04, 2011 02:25 AM (PwoHX)

146 The Obama administration is buying time in the hopes that there may be another vacancy on the Supreme Court that he can fill. Face it, the odds that a conservative judge will leave the court (retire, die or whatever) are getting higher every day. JMHO

Posted by: Dave at February 05, 2011 07:10 AM (KM/G5)

Posted by: shawn at February 09, 2011 11:33 AM (wjTOH)

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