March 28, 2012

Audio For This Afternoon's Arguments Up
— Ace

Here.

Transcript here.

Trying to figure out which of the liberal justices I hate most. I think it's between Breyer and Kagan, though Sotomayor is really showing me something.

Kagan claims that the federal government's "offer of boatloads" of money is obviously not coercive -- they're "offering" "boatloads" of money.

When Clement objects that they're offering their own money back to states, the liberal justices chuckle.

They really do seem to believe in the concept of "free money." When Clement argues this money isn't free -- no money is -- they just can't wrap their minds around it.

Posted by: Ace at 12:36 PM | Comments (198)
Post contains 110 words, total size 1 kb.

1 First?

Posted by: Brainpimp at March 28, 2012 12:37 PM (mwlsF)

2 Cognitive dissonance on parade.

Posted by: joncelli, heartless Con and all around unpleasant guy at March 28, 2012 12:37 PM (RD7QR)

3

"they just can't wrap their minds around it."

*

Because they don't pay taxes, only the little people do.

Posted by: kallisto at March 28, 2012 12:38 PM (jm/9g)

4 " I think it's between Breyer and Kagan"

It's definitely Breyer. (Legal) History's Greatest Monster.

Posted by: Knemon at March 28, 2012 12:38 PM (u1+3w)

5 Missed it .........by that much.

Posted by: Brainpimp at March 28, 2012 12:38 PM (mwlsF)

6 Justice Breyer sounds like Mr. Hand from South Park if that's the name.... Mmmmmkay?

Posted by: tasker at March 28, 2012 12:39 PM (r2PLg)

7 Hell, Breyer, Kagan, Wise-ass Latina and Bader-Meinhoff Ginsburg are easy targets. It's Kennedy and G-d forbid any of the other conservatives who will let this thing somehow stand that is troubling. 3,000 pages of tyranny and they can't get their heads around that??!!! That is troubling.

Posted by: J.J. Sefton at March 28, 2012 12:39 PM (Af3Wg)

8 Kagan and Sotomayer are idiots. Breyer is malicious.

Posted by: Lauren at March 28, 2012 12:39 PM (32mdF)

9 And why in the flying f*&^ is he all interested in preserving that Wellness thing- the calorie count on the menus. (Shit I didn't even know that was part of Obama Care but Breyer is all over it.)

Posted by: tasker at March 28, 2012 12:40 PM (r2PLg)

10 I hope this isn't on the test.

Posted by: Dr Spank at March 28, 2012 12:41 PM (KNvk+)

11 When Clement objects that they're offering their own money back to states, the liberal justices chuckle.


Do they seriously not know this?!



We're f*cked.

Posted by: Tami at March 28, 2012 12:41 PM (X6akg)

12 What's the problem?  Who cares about the money?.

Posted by: Ed Schultz at March 28, 2012 12:41 PM (84pE9)

13 I can't even get through that Scrunt's first few words.  This bag of piss Kagan thinks that all money is the Government's to do with as it pleases. 

Her quote  "So that really reduces to the question of why is a big gift from the Federal Government a matter of coercion?"

Good thing the R's didn't try to block this mental giant's confirmation.  Imagine, this imbecile is on the Supreme court and Robert Bork isn't.

Posted by: Hedgehog at March 28, 2012 12:41 PM (3jGS1)

14 If the court overturns Obamacare, I still get to keep my big toy hammer, don't I ?

Posted by: Nanny Botox at March 28, 2012 12:42 PM (Y+DPZ)

15 Control, tasker. The answer is always control.

Posted by: Lauren at March 28, 2012 12:42 PM (32mdF)

16 Ya my vote goes to Breyer. He's a humourless puck. He went after Scalia for mentioning the 8th amendment and the fact that going through the bill to see what should survive would be a task. 2,7oo pages. Breyer gets all snotty about that about an hour later...that's how butt hurt he was by Scalia's comment. He brewed that long over it. Score 1 for Scalia.

Posted by: tasker at March 28, 2012 12:43 PM (r2PLg)

17 Kagan claims that the federal government's "offer of boatloads" of money is obviously not coercive -- they're "offering" "boatloads" of money.

"boatloads" is high-falutin Ivy League legal mumbo jumbo.  You pedestrians wouldn't understand.

Posted by: ThePrimordialOrderedPair at March 28, 2012 12:43 PM (X3lox)

18 On the video you can see Kagan's lips moving as Obama's lawyer recites his spiel.

Posted by: nickless at March 28, 2012 12:44 PM (MMC8r)

19 >>Kagan claims that the federal government's "offer of boatloads" of money

Is "boatloads" some sort of legal/judicial term of art?

Posted by: HeatherRadish™ at March 28, 2012 12:44 PM (ZKzrr)

20 Perjurers prefer the term "boatload" 10 to 1.

Posted by: ThePrimordialOrderedPair at March 28, 2012 12:45 PM (X3lox)

21 H8 Kagan first and most. Soto next. They'll be in there for a long time. The JEF could not have chosen more wisely.

Posted by: I am the egg man, . . . at March 28, 2012 12:45 PM (a362c)

22 Oh, and Clement is from Wisconsin.  Add him to the Cheese Pantheon with Ryan/Johnson/Walker.  Heh.

Posted by: HeatherRadish™ at March 28, 2012 12:45 PM (ZKzrr)

23 Is "boatloads" some sort of legal/judicial term of art?

Posted by: HeatherRadish™ at March 28, 2012 04:44 PM (ZKzrr)


Yes, though it is interchangeable with "shit-tons." "Ceteris parabus, there will be shit-tons of implications." It's all pretty technical.

Posted by: joncelli, heartless Con and all around unpleasant guy at March 28, 2012 12:46 PM (RD7QR)

24 Barack Obama is a stuttering clusterf*ck of a miserable failure.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 12:46 PM (8y9MW)

25

Breyer is the one who got a taste of the Kelo ruling being used against him. ....When someone tried to use it to take his own house.

 

Let's hope that Kagan's obnoxiousness will help to push Kennedy over the line.

Posted by: wheatie at March 28, 2012 12:46 PM (dEMjC)

26 Is "boatloads" some sort of legal/judicial term of art?

In technical terms, its 1/3 of a metric fuck ton.

Posted by: Purple Avenger at March 28, 2012 12:46 PM (+NVYG)

27 boatloads is the benefit of an affirmative afction sized ivy league education.

Posted by: joeindc44 also punches above his weight (which is bad for you cause I am jacked) at March 28, 2012 12:46 PM (QxSug)

28 Score 1 for Scalia.

Scalia doesn't even have to work to bitchslap Breyer anymore. I think he does it by reflex.

I agree with Ace, I really don't think these people have the intellectual capacity to grasp that There Is No Such Thing As A Free Lunch.

It's not that they disagree with it or that it doesn't matter to them, they just don't get the concept.

Posted by: AmishDude at March 28, 2012 12:46 PM (T0NGe)

29 I still don't feel that optimistic that this will be thrown out... Just my gut feeling I guess...

Posted by: the hobbit fomerly known as Donna at March 28, 2012 12:47 PM (ZHge+)

30 well, we should repeal it ASAP before they decide the case.

Posted by: joeindc44 also punches above his weight (which is bad for you cause I am jacked) at March 28, 2012 12:47 PM (QxSug)

31 Is "boatloads" some sort of legal/judicial term of art?

Posted by: HeatherRadish™ at March 28, 2012 04:44 PM (ZKzrr)

 

Yes, it is $12 more than a jumping robot can jump over

Posted by: robtr at March 28, 2012 12:48 PM (MtwBb)

32 Barack Obama is a stuttering clusterf*ck of a miserable tyrant.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 12:48 PM (8y9MW)

33 That's slicing the boatload of government bologna pretty thin, isn't it?

Posted by: Judge Sotokaganator at March 28, 2012 12:49 PM (v+QvA)

34 Kagan wouldn't be in there if a few RINO senators actually gave a shit more about the Court than making friends with Lefties who don't want to be their friends

Posted by: kbdabear at March 28, 2012 12:49 PM (Y+DPZ)

35 We're gonna need a bigger boat.

Posted by: Roy at March 28, 2012 12:49 PM (VndSC)

36 I still don't feel that optimistic that this will be thrown out... Just my gut feeling I guess...

Posted by: the hobbit fomerly known as Donna at March 28, 2012 04:47 PM (ZHge+)


Yep.  There's far too much stupid and anti-Americanism concentrated in the SCOTUS to rely on anything even partially rational coming from them.

Posted by: ThePrimordialOrderedPair at March 28, 2012 12:49 PM (X3lox)

37 @25 was not nostalgia for nostalgia's sake.

It was a consequence of me falling asleep (literally, I think: I seriously don't remember hitting "post") while typing.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 12:50 PM (8y9MW)

38 Actually I wanted to say "shitload", but some bluenoses would get all offended

Posted by: Justice Kagan at March 28, 2012 12:50 PM (Y+DPZ)

39 They're just giggling at the prospect of a post-session three-way munch.

Posted by: dlsada at March 28, 2012 12:50 PM (eZHq+)

40 Heh, Buttload. Heh.

Posted by: beavis at March 28, 2012 12:50 PM (axc/z)

41 Every female justice on the court makes me cringe with embarrassment.  All of them since O'Connor.  Not to say Breyer and Souter don't, but I don't share a gender with them.

Posted by: Kerry at March 28, 2012 12:50 PM (a/VXa)

42 Let's hope that Kagan's obnoxiousness will help to push Kennedy over the line.

I know Scalia can be abrasive, but if you care about your "legacy", do you really want to be known as being on the side of mental midgets like these three?

I think of the four of them Bader-Ginsburg is the only intelligent one, but I think it's just plain bile running through her veins.

Posted by: AmishDude at March 28, 2012 12:51 PM (T0NGe)

43

When Clement objects that they're offering their own money back to states, the liberal justices chuckle.

They really do seem to believe in the concept of "free money." When Clement argues this money isn't free -- no money is -- they just can't wrap their minds around it.


It's difficult to not think These justices are 9 year olds in adult robes.

Posted by: willow at March 28, 2012 12:51 PM (TomZ9)

44 The local radio guy (Jamie Allman) was playing Kagan and making fun of her because she sounds like a munchkin.

Posted by: nickless at March 28, 2012 12:51 PM (MMC8r)

45

 Is "boatloads" some sort of legal/judicial term of art?

***********

Holy shit snacks! She stole my legal argument!

Posted by: Pam Poovy at March 28, 2012 12:51 PM (ggRof)

46 Kagan is a dipshit liberal activist.  There was NEVER a requirement for her to grow up, learn English OR speak in a professional, adult manner.

Posted by: © Sponge at March 28, 2012 12:51 PM (UK9cE)

47 Could you all excuse me? I just got a pantload

Posted by: Justice Kagan at March 28, 2012 12:52 PM (Y+DPZ)

48 money?  " It appears when we want stuff, don't worry about it"

Posted by: willow at March 28, 2012 12:52 PM (TomZ9)

49 JUSTICE BREYER: But would you -- I would 13 just like to hear before you leave your argument, if you 14 want to, against what Justice Scalia just said, let's 15 assume, contrary to what you want, that the government's 16 position is accepted by the majority of this Court. And 17 so we now are rid, quote, of the true "heart" of the 18 bill. Now still there are a lot of other provisions 19 here like the Indian Act, the Black Lung Disease, the 20 Wellness Program, that restaurants have to have a 21 calorie count of major menus, et cetera. ******* I swear I thought that was Cali law... unreal.

Posted by: tasker at March 28, 2012 12:52 PM (r2PLg)

50 The Scalia/Breyer discussions that I saw really cemented what a lightweight Breyer is.  He's just not that bright.  Of course, in the light of day, most liberal legal arguments don't pass the first blush test.

Posted by: ejo at March 28, 2012 12:52 PM (URqVp)

51 Allen, get some sleep! Anyhoo, I'm not optimistic either. The fact that we've even gotten to this point is proof of how far we've strayed.

Posted by: Max Power at March 28, 2012 12:53 PM (q177U)

52

Why are they even discussing severability?   Isn't the FACT that Congress removed it, an explict example of their intent?  The only reason to override Congress and put it back, is if the Court want to legislate from the bench.

 

But I'm an Engineer who thinks logically, would NEVER make it as a lawyer.

Posted by: i'm the Honey Badger, BITCH! at March 28, 2012 12:54 PM (nyxv/)

53 since money doesn't seem to have any actual meaning to Kagan, how about we cut off her salary, until she says but i should be paid, ? And we will ask, "who pays you?"
until she comes up with the correct answer.. or not.

Posted by: willow at March 28, 2012 12:54 PM (TomZ9)

54 Allen, get some sleep!

I blame my wife.  She handed me a good book to read last night.  Once I start, I often don't know how long I read.

Getting up at 4AM does not mix well with going to bed after midnight.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 12:54 PM (8y9MW)

55 From News reports this scumbag administration is apparently no referring to obamacare as a bipartisan bill and that the individual mandate was a Republican idea. What a bunch of fucktards

Posted by: nevergiveup at March 28, 2012 12:54 PM (eCnLg)

56 "boatload?"

Because shit-load, metric ton and ass-load would have been too low brow.

Posted by: Jimmuy at March 28, 2012 12:54 PM (kSaUf)

57 Suckers of Cock.

Posted by: toby928© at March 28, 2012 12:55 PM (GTbGH)

58 Kagan enjoyed bi-partisan support including the following conservative stalwarts:
Richard Lugar, Judd Gregg, Lindsey Graham, Susan Collins, and Olympia Snowe

She was also the Dean of Harvard Law School.  Still with no comprehension of basic economics.

Posted by: Hedgehog at March 28, 2012 12:55 PM (3jGS1)

59 On this issue: It has to be Kagan by default. She helped build and escort Obamacare, and now she's going to decide whether all of her work turned out to be excrement. I wonder which way she'll go?

She might as well sit at home and eat Cheetos for the next few weeks for all the decidin' she'll have to do.

Posted by: AnonymousDrivel at March 28, 2012 12:55 PM (eHIJJ)

60 51 The Scalia/Breyer discussions that I saw really cemented what a lightweight Breyer is. He's just not that bright. Of course, in the light of day, most liberal legal arguments don't pass the first blush test. Posted by: ejo at March 28, 2012 04:52 PM

Wasn't Breyer put there by the Clintons to be Hillary's sockpuppet?

Posted by: kbdabear at March 28, 2012 12:55 PM (Y+DPZ)

61

" I think it's between Breyer and Kagan"

**

Sounds like another Liberal ice cream company. Has great packaging, taste great going down but makes you a fat, lasy, useless bastard.

 

Posted by: dananjcon at March 28, 2012 12:55 PM (8ieXv)

62 Yes, one R and 49 Ds makes a bill bipartisan in BambiLand. [ptui]

Posted by: joncelli, heartless Con and all around unpleasant guy at March 28, 2012 12:56 PM (RD7QR)

63 Eh, I mean lazy.

Posted by: dananjcon at March 28, 2012 12:56 PM (8ieXv)

64 On a happy? note on the way to get an estimate for getting her car rear ended and not getting the other drivers name, my daughter banged up her front bumper a bit. Now I should be happy, see I thought the back bumper accident was gong to be around $2000 and it was only 500, but now the front bumper is also 500. So I guess I'm $1000 ahead right?

Posted by: nevergiveup at March 28, 2012 12:56 PM (eCnLg)

65 54 since money doesn't seem to have any actual meaning to Kagan, how about we cut off her salary, until she says but i should be paid, ? And we will ask, "who pays you?"
until she comes up with the correct answer.. or not.

Posted by: willow at March 28, 2012 04:54 PM (TomZ9)


The Gubmint of course.  Not quite a boatload yet though.

Posted by: Justice Kagan at March 28, 2012 12:56 PM (3jGS1)

66 Isn't the FACT that Congress removed it,an explict example of their intent?

I hadn't heard until today that the severability clause had been specifically removed.  My understanding was just that it was "left out" which might indicate something different.

As much as I agree with you ("It's not in there?  Great.  Not severable.  Next."), I can see why you could argue- legally- that while the clause would indicate that the bill is specifically severable, its lack does not necessarily indicate that the bill is not severable.  It's a convoluted argument, and it relies a great deal on sophistry- but so do many other legal arguments, unfortunately.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 12:57 PM (8y9MW)

67 Not a mandate anymore. It's a“individual responsibility clause.”

No, sir. This isn't a gun to your head. It's a lead-propelled handle.


Posted by: weft cut-loop [/i] at March 28, 2012 12:57 PM (qOfw/)

68 She might as well sit at home and eat Cheetos for the next few weeks for all the decidin' she'll have to do.

Posted by: AnonymousDrivel at March 28, 2012 04:55 PM (eHIJJ)


Sounds like Tuesday at Casa Kagan.

Posted by: joncelli, heartless Con and all around unpleasant guy at March 28, 2012 12:57 PM (RD7QR)

69 Why are they even discussing severability? Isn't the FACT that Congress removed it,an explict example of their intent? The only reason to override Congress and put it back, is if the Court want to legislate from the bench.

Posted by: i'm the Honey Badger, BITCH! at March 28, 2012 04:54 PM (nyxv/)


They just make shit up.  Congress' CLEAR INTENTION was that the mandate was most definitely NOT A TAX.  I don't know how many times we saw America-hating Congress-critters scream about hat until they were blue in the face while the bill was illegally being forced through.  But this SCOTUS had the first day of hearing to determine whether the mandate was a tax or not - when there was NO QUESTION ABOUT CONGRESS' INTENTION ON THAT whatsoever.

Court is for retards.  Anyone with a brain will go crazy listening to these idiots play with some weird toy they've named "logic".  They are all disingenuous idiots.

Posted by: ThePrimordialOrderedPair at March 28, 2012 12:58 PM (X3lox)

70  
So what's more a boat load (depending on the size of the boat) shit load, oodles, ass load, scads?

Posted by: YIKES! at March 28, 2012 12:58 PM (Fx8df)

71

I picture Breyer as Wesley Mooch from Atlas Shrugged. 

Posted by: Big Fat Meanie at March 28, 2012 12:58 PM (uslQu)

72 From News reports this scumbag administration is apparently no referring to obamacare as a bipartisan bill and that the individual mandate was a Republican idea.

----

They don't wait long to rewrite history.

I hope to see an ad with that obnoxious picture of Pelosi and her huge gavel and smug smile on the left side, split screen with the D/R vote numbers on the right side, with a big red stamp of Overturned by the Supreme Court as Unconstitutional diagonal across the page.

Posted by: Mayday at March 28, 2012 12:59 PM (orrLR)

73 Not funny: There isn't a boat on the water today that can actually, physically hold the national debt should such debt be printed in $100 bills.

But that's no reason we shouldn't run up more debt!!!!

Posted by: Jimmuy at March 28, 2012 12:59 PM (kSaUf)

74 Boatloads of money?  Need an experienced Captain?  I'm available.

Posted by: Captain Francesco Schettino at March 28, 2012 12:59 PM (4q5tP)

75 perhaps a taxpayer v kagan case should be brought.
until she understands where money, 'boatloads of money' come from.
and then we will drag  our children up to speak to the house, and they will say they have to eat top romein  - mac and cheese now, because the govt takes too much money from the paychecks.

Posted by: willow at March 28, 2012 12:59 PM (TomZ9)

76 I hadn't heard until today that the severability clause had been specifically removed. My understanding was just that it was "left out" which might indicate something different.

I swear that I heard someone on the radio today saying that if they didn't want it to be severed they would have put anti-severable language in it.  Sounds like trying to put the toothpaste back in the tube to me.

Posted by: Justice Kagan at March 28, 2012 12:59 PM (3jGS1)

77 Well, I got the "message" when I was on my last little out of country jaunt, if you know what I mean.

Posted by: Justice Breyer at March 28, 2012 12:59 PM (qwK3S)

78 Remember this: "Ya gotta pass it to find out what's inside"? Hey so we can send the bill for this fiasco to Pelosi right?

Posted by: nevergiveup at March 28, 2012 01:00 PM (eCnLg)

79

Breyer, for sure. The single most smarmy human being I can think of.

Posted by: indigo child at March 28, 2012 01:00 PM (xXhWA)

80 Next time you're in a discussion with liberals, ask that question: where does the money come from?

So far, stunned silence on my two attempts to get them over that failure of imagination.

Posted by: PJ at March 28, 2012 01:00 PM (DQHjw)

81 Legislatin' from the bench much?

Posted by: Damiano at March 28, 2012 01:00 PM (A2+pr)

82 This is not going to end well. Nope.

Posted by: natasha at March 28, 2012 01:00 PM (pyYXJ)

83

@11Do they seriously not know this?!

 

No.

 

They really and truly just do not fundamentally understand this.  I think it's why they are liberals and not conservatives.  Math and problem-solving are not prerequisites for law school, and I'm beginning to think that analysis is not taught in law school, either.

 

I'm hoping that Thomas can explain this to Kagan - I really do think that she is one of the ones who can be reasoned with (I know I'm in the minority here).  But if anyone can help her to understand the fallacy of her reasoning, it's Thomas.

 

I still think that she is going to end up surprising everyone as time goes on.
 

Posted by: Teresa in Fort Worth, TX at March 28, 2012 01:01 PM (0xqzf)

84 nevergiveup, irs and ice to arrest her for illegal immigrants not being paid  minimum wage or more for working as dishwashers and wine grape pickers at her winery.

Posted by: willow at March 28, 2012 01:01 PM (TomZ9)

85 Hey so we can send the bill for this fiasco to Pelosi right?

  What I would like to do right about now is take that giant gavel of hers and shove it up where the sun don't shine...

Posted by: the hobbit fomerly known as Donna at March 28, 2012 01:01 PM (ZHge+)

86 If I were french I'd be pissing my my pants laughing at this shit, BUT SINCE I AM A G-D DAMN AMERICAN TAXPAYER, I am am not

Posted by: nevergiveup at March 28, 2012 01:02 PM (eCnLg)

87 Someone mentioned this morning that they had to take out the severability clause to get the CBO score, in that it had to be an all-or-nothing bill to get the CBO to score the revenue as certain.

Or maybe that's just shit made up. You know, it is the internet.

Posted by: Jimmuy at March 28, 2012 01:03 PM (kSaUf)

88 I swear that I heard someone on the radio today saying that if they didn't want it to be severed they would have put anti-severable language in it.

I remember that the lack of a severability clause was noted at the time of passage, and several law-types (even conservative ones) pointed to previous decisions where the Court had judged something severable without a severability clause.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 01:03 PM (8y9MW)

89 >>> Next time you're in a discussion with liberals, ask that question: where does the money come from? From Teh 1%!!! Millionaires and Billionaires who get rich off the backs of exploited minorities! BTW- asking this question is Teh RAAAACIST!!! And homophobic!

Posted by: Liberals at March 28, 2012 01:03 PM (A2+pr)

90 What I would like to do right about now is take that giant gavel of hers and shove it up where the sun don't shine... Posted by: the hobbit fomerly known as Donna at March 28, 2012 05:01 PM (ZHge+) I assume then you own your own Hazmat Suit?

Posted by: nevergiveup at March 28, 2012 01:03 PM (eCnLg)

91 Listening to the arguments - up to 19 min. Libs are taking the gloves off grasping at straws. I'll be listening to Levin rip them a new ass hole in an hour.

Posted by: Jimmah at March 28, 2012 01:03 PM (UpwlP)

92 Kagan, "all i know is some of my friends got me this job, and my check says  govt something or other" and no matter what ,my check and limo are always there, so i know they have boatloads of money. all my friends work for them so i should know".

Posted by: willow at March 28, 2012 01:04 PM (TomZ9)

93

Remember this: "Ya gotta pass it to find out what's inside"?

 

 

Considering my testimony, I thought you would have already figured that out.

Posted by: Sandra Fluke at March 28, 2012 01:04 PM (DrWcr)

94 1. I'm pretty sure 'boatload' is a volume to weight measure, sort of like a bushel. One Kagan weighs one boatload. 2. If they never worked a real job and they get a nice weekly check for merely pitching for the Progg softball team then all money does seem free. 3. It really is possible to live an entire life here in the USSA and never once encounter the real world. What a great country.

Posted by: dr kill at March 28, 2012 01:04 PM (0TdUk)

95 I can see why you could argue- legally- that while the clause would indicate that the bill is specifically severable, its lack does not necessarily indicate that the bill is not severable. It's a convoluted argument, and it relies a great deal on sophistry- but so do many other legal arguments, unfortunately.Posted by: AllenG

Not to gild the lily of concepts that should be obvious but aren't, the severability is a known legislative mechanism. For the court to reinsert it into the bill is a clear breech of the division of powers.

Is there anything Congress can do in instances of the court overstepping its charge? I can't think of anything.

Posted by: weft cut-loop [/i] at March 28, 2012 01:04 PM (qOfw/)

96 Math and problem-solving are not prerequisites for law school, and I'm beginning to think that analysis is not taught in law school, either.


My husband went through law school, many moons ago, and he gets it.


No, there has to be another explanation.  Retardation. 






Posted by: Tami at March 28, 2012 01:04 PM (X6akg)

97 I'm hoping that Thomas can explain this to Kagan - I really do think that she is one of the ones who can be reasoned with (I know I'm in the minority here).

I hope you're right (I think you're wrong, though).  That said- if she really can be reasoned with and can learn a little freaking common sense, she could be come a swing vote (or even a somewhat conservative vote).  That would be sweet, sweet justice.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 01:04 PM (8y9MW)

98 No guys around? I'll take the two Fister Sisters in the black robes--I like the way they think about OPM.  Tell them to bring their toy, the really big one with multiple knobs on it.

Posted by: Sandy Fluck at March 28, 2012 01:04 PM (LQIyD)

99 and calling the unpopular individual mandate “a Republican idea,” following three days of tough questioning by the Supreme Court.

No surprise.  They tried to sell Crap+Trade as "competition" - "Why do you hate competition?"

They also tried to sell the public option with the same idiotic "competition" argument ... if anyone recalls, they mad the case that there needs to be competition by the government against the private sector - YES, they really did make that exact argument ... for months.

As to this new thing and trying to hang their cop-car feces on the GOP ... that'll probably work, since the GOP is too scared to deny anything.  The crybaby idiot and Bitch McConnell will probably come out and apologize for the mandate, the stupid ...

Posted by: ThePrimordialOrderedPair at March 28, 2012 01:05 PM (X3lox)

100 and are the waivers going to be addressed also?


Posted by: willow at March 28, 2012 01:05 PM (TomZ9)

101 Supreme Court justice Antonin Scalia humorously invoked the Eighth Amendment to the Constitution, which forbids cruel and unusual punishments, when discussing the Obamacare legislation during oral argument today at the Supreme Court. JUSTICE SCALIA: Mr. Kneedler, what happened to the Eighth Amendment? You really want us to go through these 2,700 pages? (Laughter.) JUSTICE SCALIA: And do you really expect the Court to do that? Or do you expect us to — to give this function to our law clerks? Is this not totally unrealistic? That we are going to go through this enormous bill item by item and decide each one? MR. KNEEDLER: Well - ??? Hell no one in Congress read it

Posted by: nevergiveup at March 28, 2012 01:05 PM (eCnLg)

102 Ginsburg is senile, and evil.

Posted by: toby928© at March 28, 2012 01:05 PM (GTbGH)

103 I am simply gobsmacked that there is any discussion at all in these oral arguments (oral masturbation is more like it) as to "preserving" any part of this freedom-destroying, hyper-controlling, micro-managing clusterfuck of a 2,700 page monstrosity.

Posted by: natasha at March 28, 2012 01:06 PM (pyYXJ)

104

What I would like to do right about now is take that giant gavel of hers and shove it up where the sun don't shine...

***********

C'mon, I finally just recovered from passing a 2,700-page bill....

Posted by: Nancy Pelosi's bowels at March 28, 2012 01:06 PM (ggRof)

105 "His Republican opponents have jumped all over him because they do want to play politics with this issue. The President spoke from his heart on this, it was trying to emphasize with some parents who had just lost a child. By any measure, this was a tragedy and we need to let the investigation take its course," Stephanie Cutter, Obama's Deputy Campaign Manager, said on MSNBC today. "People have to stop politicizing it," she added. "It's no surprise that some of our Republican opponents are trying to make an issue with this. But the President spoke from the heart and we need to let the investigation take its course." What fuckin bizzaro universe are these scumbag cocksucking SOBs living in?

Posted by: nevergiveup at March 28, 2012 01:06 PM (eCnLg)

106

The crazy thing about Kagan?

She was the previous Solicitor General (she took that office in March of 2009).

So it is her replacement who is arguing the case for Obamacare to her.

I can't believe that she isn't recusing herself.  Outrageous.

Posted by: dan-O at March 28, 2012 01:06 PM (sWycd)

107 A supreme court Justice has just used the term "boatloads of money" in the highest court of the land!

Astonishing!

Posted by: McLovin at March 28, 2012 01:07 PM (j0IcY)

108 106 What I would like to do right about now is take that giant gavel of hers and shove it up where the sun don't shine...
***********
C'mon, I finally just recovered from passing a 2,700-page bill....

Posted by: Nancy Pelosi's bowels at March 28, 2012 05:06 PM (ggRof)

 

 

 

Than that gavel shouldn't be much of a stretch.

Posted by: Insomniac at March 28, 2012 01:07 PM (DrWcr)

109 and are the waivers going to be addressed also? Posted by: willow at March 28, 2012 05:05 PM (TomZ9) Yes, you step up with your feet apart and say: Hello Waivers

Posted by: nevergiveup at March 28, 2012 01:07 PM (eCnLg)

110 so we have those that shoved this bill down our throats that haven't read it and we'll have the justices also not read it?

has anyone actually read the bill?

Posted by: willow at March 28, 2012 01:08 PM (TomZ9)

111 >>I'm hoping that Thomas can explain this to Kagan - I really do think
that she is one of the ones who can be reasoned with

Except she worked for Obama pimping the damn thing.  Might be able to explain some logic/principles to her so she can understand, but it's not an abstraction--it's her work. She's invested in it.

[misogynist profanity]

Posted by: HeatherRadish™ at March 28, 2012 01:08 PM (ZKzrr)

112 I can't believe that she isn't recusing herself. Outrageous.

We went offline for the discussion.  Good day to you, sir.

Posted by: kagan at March 28, 2012 01:08 PM (GTbGH)

113 SCOTUS's Obamacare decision could come in parts http://tinyurl.com/8yjs8dt

Posted by: Miss80sBaby at March 28, 2012 01:08 PM (d6QMz)

114 ThePrimordialOrderedPair: "They just make shit up. Congress' CLEAR INTENTION was that the mandate was most definitely NOT A TAX...."

Yes they did. Recall the big fear of the time was the political one of being blamed for raising taxes before the mid-terms. Democrats soooo didn't want that along with the debt crisis that they lied however expediently necessary to avoid short term pain.

Obamacare has always been a deception. ALWAYS! In fact the goal is to actually have the ACA fail (not in enactment but in practice) as soon as possible so that single-payer, socialized medicine can replace it. ACA is a mere stepping stone in Cass Sunstein's nudge theory of modifying behavior. Progressivism is exactly what it says it is; it just doesn't have a hammer and sickle associated with it yet.

Posted by: AnonymousDrivel at March 28, 2012 01:08 PM (eHIJJ)

115 nevergiveup, snort.

Posted by: willow at March 28, 2012 01:08 PM (TomZ9)

116 You know what, maybe its high time we made Social Security unconstitutional as well. It is, in effect, a savings contract that I have no choice over. I should be able to opt out of that ponzi scheme if I choose to *shudder* take care of myself.

Posted by: Schwalbe: The Me-262© at March 28, 2012 01:08 PM (UU0OF)

117 White House Tries To Re-Brand Mandate

The Obama administration is now referring to Obamacare as a “bi-partisan bill” and calling the unpopular individual mandate “a Republican idea,” following three days of tough questioning by the Supreme Court.

“The Affordable Care Act is a bipartisan plan and one that we think is constitutional,” Deputy White House press Secretary Josh Earnest told reporters on Wednesday afternoon.

No Republican voted for the Affordable Care Act on final passage.

He also referred to the individual mandate as the “individual responsibility” clause of the bill, in an attempt to distance the administration from the term individual mandate.


http://tinyurl.com/82baar6

Unfuckingbelievable.

Posted by: Cast Iron at March 28, 2012 01:09 PM (EL+OC)

118 Inside baseball - She works for the government and the smallest denminational  unit  they know is in fact the "boatload".

Posted by: Jimmah at March 28, 2012 01:10 PM (UpwlP)

119 I should be able to opt out of that ponzi scheme if I choose to *shudder* take care of myself.

Posted by: Schwalbe: The Me-262© at March 28, 2012 05:08 PM (UU0OF)

 

 

 

Taking care of oneself is a dangerous, radical, anti-government stance.  You're now on the watchlist as a potential terrorist.

 

Posted by: Janet Napolitano at March 28, 2012 01:10 PM (DrWcr)

120 >>The President spoke from his heart on this, it was trying to emphasize with some parents who had just lost a child.

What "layers of editors" propaganda machine did you paste that from? I can't tell if it's a bad transcript, an hilarious Freudian typo, or a really stupid scrunt trying to sound smart.

Posted by: HeatherRadish™ at March 28, 2012 01:10 PM (ZKzrr)

121 so
should   teleprompter's be  given to Justices so they can communicate?

Posted by: willow at March 28, 2012 01:10 PM (TomZ9)

122 I should be able to opt out of that ponzi scheme if I choose to *shudder* take care of myself.

Posted by: Schwalbe: The Me-262© at March 28, 2012 05:08 PM (UU0OF)

*********

I take care of myself all the time. Do you know how expensive birth control is?

Posted by: Sandra Fluke at March 28, 2012 01:10 PM (ggRof)

123 I'm hoping that Thomas can explain this to Kagan - I really do think that she is one of the ones who can be reasoned with

Find someone else.  Kagan is a perjuring idiot, wed to leftism.

Posted by: ThePrimordialOrderedPair at March 28, 2012 01:10 PM (X3lox)

124 I will take one for the team. I will go down on Kagen for a fortnight if she would vote to strike ACA down - I'd even wear a Maddow wig and glasses. I hope you morons appreciate the sacrifices I am prepared to make for you.

Posted by: RomneyBot Since 2007 at March 28, 2012 01:11 PM (BB0/w)

125

The President spoke from his heart on this, it was trying to emphasize with some parents who had just lost a child

 

 

 

So teleprompter = heart now?

Posted by: Insomniac at March 28, 2012 01:11 PM (DrWcr)

126 I will take one for the team. I will go down on Kagen for a fortnight if she would vote to strike ACA down - I'd even wear a Maddow wig and glasses. I hope you morons appreciate the sacrifices I am prepared to make for you. Posted by: RomneyBot Since 2007 at March 28, 2012 05:11 PM (BB0/w) Shit I'll be a pall bearer at your Funeral for that one

Posted by: nevergiveup at March 28, 2012 01:12 PM (eCnLg)

127 oh wow, the administration is going to rebrand Obamacare... Finally! Because we all know the problem with SCOAMF is tha the just isn't explaining things to us dunderheads clearly and slowly enough.

Posted by: joeindc44 also punches above his weight (which is bad for you cause I am jacked) at March 28, 2012 01:12 PM (QxSug)

128
JUSTICE SCALIA: And do you really expect the Court to do that? Or do you expect us to — to give this function to our law clerks?

Is this not totally unrealistic? That we are going to go through this enormous bill item by item and decide each one?

MR. KNEEDLER: Well -

Scalia should have printed the entire thing, pulled it out from under his robe and said "I'll tell you what, you go through this monstrosity and tell us the parts we should keep and why."  Then thrown it at him and said "see you after lunch."

Posted by: Hedgehog at March 28, 2012 01:12 PM (3jGS1)

129 >>> Supreme Court justice Antonin Scalia humorously invoked the Eighth Amendment to the Constitution, which forbids cruel and unusual punishments, when discussing the Obamacare legislation during oral argument today at the Supreme Court. JUSTICE SCALIA: Mr. Kneedler, what happened to the Eighth Amendment? You really want us to go through these 2,700 pages? (Laughter.) JUSTICE SCALIA: And do you really expect the Court to do that? Or do you expect us to — to give this function to our law clerks? Is this not totally unrealistic? That we are going to go through this enormous bill item by item and decide each one? MR. KNEEDLER: Well - ..... This, by itself, should be sufficient reason to throw out this bill. - Congress didn't read it, but passed it - SCOTUS didn't read it, but it going to rule on it - Those who have read it don't understand it because it is an incomprehensible mess, a total farce in all it's assumptions and conclusions, and does nothing but give unelected officials the power to rule by diktat. No one has even read the fucking thing, but they're arguing about whether or not us peons will be forced to live under it.

Posted by: Liberals at March 28, 2012 01:12 PM (A2+pr)

130 And of course evidence of Republican support for O-care can be found in the poll numbers regarding its unpopularity, right?  Or the number of R's who voted for it, or the results of the 2010 midterms elections.

Do they think the whole country has suddenly come down with amnesia?

Posted by: Mayday at March 28, 2012 01:13 PM (orrLR)

131 republicans were locked out as i remember , so how was it bi-partisan?
i even remember lights being shut off by the kind old lady (Pelosi)

imagine if we hadn't gotten a majority in congress, 2010.
we'd be so far down the tubes..
ok, we're halfway down and sliding quickly , still maybe we have a chance.

Posted by: willow at March 28, 2012 01:13 PM (TomZ9)

132 State Dept. Spokesman Refuses to Say Whether Jerusalem Is the Capital of Israel Yup Yup Yup And obamacare was a Republican Bipartisian Bill? obama Administration meet Reality

Posted by: nevergiveup at March 28, 2012 01:13 PM (eCnLg)

133 has anyone actually read the bill?

Posted by: willow at March 28, 2012 05:08 PM (TomZ9)


Nope. That's why they don't know that on page 1539, in section 5 (A) ii (a), the text reads "Nanu, nanu" because the bored staffer writing the damn thing was high as a kite.

Posted by: joncelli, heartless Con and all around unpleasant guy at March 28, 2012 01:13 PM (RD7QR)

134 Shit I'll be a pall bearer at your Funeral for that one Posted by: nevergiveup at March 28, 2012 05:12 PM (eCnLg) Hey, if obamacare gets torpedoed I might actually survive.

Posted by: RomneyBot Since 2007 at March 28, 2012 01:13 PM (BB0/w)

135 They really and truly just do notfundamentally understand this. I think it's why they are liberals and not conservatives. Math andproblem-solving are not prerequisites for law school, and I'm beginning to think that analysis is not taught in law school, either.

I'm hoping that Thomas can explain this to Kagan - I really do think that she is one of the ones who can be reasoned with (I know I'm in the minority here). But if anyone canhelp her to understand the fallacy of her reasoning, it's Thomas.

I still think that she is going to end up surprising everyone as time goes on.

Posted by: Teresa in Fort Worth, TX at March 28, 2012 05:01 PM (0xqzf)

 

----------------------------------------

 

Pardon my judicial ignorance,  but are the justices allowed to consult with one another after an arguement is heard? 

Posted by: Soona at March 28, 2012 01:14 PM (+QHB8)

136 Boy, these liberal justices really punch above their weight!

Posted by: joeindc44 would also like to thank Dr. Pepper for his tasty contribution to mankind at March 28, 2012 01:14 PM (QxSug)

137 I can't recall in US history when our ruling elite have been so incompetent yet thought so highly of themselves

Kind of proves they got their positions through nepotism and networking than skill and brains

Posted by: kbdabear at March 28, 2012 01:15 PM (Y+DPZ)

138 - SCOTUS didn't read it, but it going to rule on it 

Posted by: Liberals at March 28, 2012 05:12 PM (A2+pr)


Not just rule on it, but seriously entertain the idea of introducing severability themselves and refashioning the law all on their own ... all without reading it.


America ...

Posted by: ThePrimordialOrderedPair at March 28, 2012 01:15 PM (X3lox)

139 has anyone actually read the bill?

Posted by: willow at March 28, 2012 05:08 PM (TomZ9)


I've read about 1/2 at different sittings.  It's a pile of shit that gives ENORMOUS power to the secretary of HHS to determine whatever the rules mean.

Posted by: Hedgehog at March 28, 2012 01:15 PM (3jGS1)

140

@119 “The Affordable Care Act is a bipartisan plan and one that we think is constitutional,” Deputy White House press Secretary Josh Earnest told
reporters on Wednesday afternoon.

 

Perhaps Mr. Earnest wasn't around when the Democrats locked the doors and stood guard outside while they were drafting this abomination?

 

Because I CLEARLY remember that happening.

 

And Republican amendments weren't given the time of day.

Posted by: Teresa in Fort Worth, TX at March 28, 2012 01:15 PM (0xqzf)

141 Ace, I'm sure you listened to the testimony yesterday, but Sotomayor used the car insurance question. Morons (bad ones) use that argument on HP and get slapped by other liberals for it. That was weird, considering how wise she is.

Posted by: MJ at March 28, 2012 01:15 PM (/x4oj)

142
I can't believe that she isn't recusing herself. Outrageous.

Posted by: dan-O at March 28, 2012 05:06 PM (sWycd)



I thought I read somewhere that Chief Justice Roberts said she did not need to.

Posted by: © Sponge at March 28, 2012 01:15 PM (UK9cE)

143

They really do seem to believe in the concept of "free money." When Clement argues this money isn't free -- no money is -- they just can't wrap their minds around it.

This is why I fear for the future:  really smart people who have no fucking clue about reality.  It's all scholarships, fellowships, public interest jobs, government work, interspersed with six month stints at Goldman where they "earn" &10 million and move to Georgetown.  The losers just sell secrets or influence to the Chinese and live in McClean.

Posted by: MTF at March 28, 2012 01:15 PM (B5y+v)

144 Next, get the SCOTUS to go after Dodd-Frank which creates an agency with self-sustaining funding and apparently no oversight. ugh.

Posted by: joeindc44 would also like to thank Dr. Pepper for his tasty contribution to mankind at March 28, 2012 01:16 PM (QxSug)

145 His Republican opponents have jumped all over him because they do want to play politics with this issue. The President spoke from his heart on this, it was trying to emphasize with some parents who had just lost a child. By any measure, this was a tragedy and we need to let the investigation take its course," Stephanie Cutter, Obama's Deputy Campaign Manager, said on MSNBC today.

"People have to stop politicizing it," she added. "It's no surprise that some of our Republican opponents are trying to make an issue with this. But the President spoke from the heart and we need to let the investigation take its course."

meanwhile, anyone wanna buy an Obama hoodie?

Posted by: willow at March 28, 2012 01:16 PM (TomZ9)

146 Pardon my judicial ignorance, but are the justices allowed to consult with one another after an arguement is heard?

Posted by: Soona at March 28, 2012 05:14 PM (+QHB



Who would stop them?

Posted by: ThePrimordialOrderedPair at March 28, 2012 01:16 PM (X3lox)

147 I've read about 1/2 at different sittings. It's a pile of shit that gives ENORMOUS power to the secretary of HHS to determine whatever the rules mean.

Posted by: Hedgehog at March 28, 2012 05:15 PM (3jGS1)

we're screwed then

Posted by: willow at March 28, 2012 01:17 PM (TomZ9)

148 >>I can't recall in US history when our ruling elite

We're not even fucking supposed to have "ruling elite."

Posted by: HeatherRadish™ at March 28, 2012 01:17 PM (ZKzrr)

149 Ace, I'm sure you listened to the testimony yesterday, but Sotomayor used the car insurance question.

Sotomayor is a fucking ignoramus.  A fourth grader can rip the car insurance analogy to shreds.

Posted by: Hedgehog at March 28, 2012 01:17 PM (3jGS1)

150 150 >>I can't recall in US history when our ruling elite

We're not even fucking supposed to have "ruling elite."

Posted by: HeatherRadish™ at March 28, 2012 05:17 PM (ZKzrr)

 

 

 

^This times eleventy-million.

Posted by: Insomniac at March 28, 2012 01:18 PM (DrWcr)

151 "People have to stop politicizing it," she added. "It's no surprise
that some of our Republican opponents are trying to make an issue with
this. But the President spoke from the heart and we need to let the
investigation take its course."

meanwhile, anyone wanna buy an Obama hoodie?

Posted by: willow at March 28, 2012 05:16 PM (TomZ9)

and later, how about those Parents in the house? you know grieving parents used by the left for their power?

Posted by: willow at March 28, 2012 01:18 PM (TomZ9)

152 Well, to be fair Kagan wasn't the worst Supreme Court Justice we could've wound up with- http://tinyurl.com/29s4zpq One of these 5 are sure to be on Obama's short-list should he get a second term.

Posted by: naturalfake at March 28, 2012 01:18 PM (XBdI0)

153 Read the bill? How could anyone read it when it had parts not even written yet when it was passed? How much of it was blank, to be filled in later?

Posted by: Stevadoor at March 28, 2012 01:18 PM (axc/z)

154 This just in: Ruth Ginsburg: 'More Conservative' To Sever Mandate Rather Than 'Throw Out' Entire Bill. Thank god we have Ruth Ginsburg to guide us in conservatism.

Posted by: RomneyBot Since 2007 at March 28, 2012 01:19 PM (BB0/w)

155 Nope. That's why they don't know that on page 1539, in section 5 (A) ii (a), the text reads "Nanu, nanu" because the bored staffer writing the damn thing was high as a kite.

Posted by: joncelli, heartless Con and all around unpleasant guy at March 28, 2012 05:13 PM (RD7QR)


fgs you Are kidding, ??

Posted by: willow at March 28, 2012 01:19 PM (TomZ9)

156 Posted by: willow at March 28, 2012 05:17 PM (TomZ9)

If the whole fucking thing ain't thrown out we are.

Posted by: Hedgehog at March 28, 2012 01:20 PM (3jGS1)

157 I thought I read somewhere that Chief Justice Roberts said she did not need to. Posted by: © Sponge at March 28, 2012 05:15 PM (UK9cE) I think what he said is that he trusts the individual Justices to do the right thing

Posted by: nevergiveup at March 28, 2012 01:21 PM (eCnLg)

158 >>> You know what, maybe its high time we made Social Security unconstitutional as well. It is, in effect, a savings contract that I have no choice over. I should be able to opt out of that ponzi scheme if I choose to *shudder* take care of myself. Posted by: Schwalbe: The Me-262© at March 28, 2012 05:08 PM (UU0OF) Cut. Jib.Newsletter Unfortunately, according to that damn walking corpse Ginsberg, the fact that SS exists provides precedent for why the government has the right to stuff Obamacare down our throats. After the impending apocalypse, I vote that we go back to 'You have the freedom to purse life, liberty, and happiness: take care of yourself or drop dead" government. Anything else should be limited to VOLUNTARY charity.

Posted by: Damiano at March 28, 2012 01:21 PM (A2+pr)

159 Steve, yikes i do remember the blank pages *to be filled in at a later date*

this really is astounding. are the Justices going to adress it, and the Waivers?

Posted by: willow at March 28, 2012 01:21 PM (TomZ9)

160 About the administration's decision to reverse itself and embrace the Obamacare label, I find the timing strange.  They must have been confident they would prevail at the SC.  They just made this u-turn last week, and wouldn't it have been prudent to wait until this week and see how the SC arguments went? 

If o-care gets tossed out, Zero has just put his name front and center on a big huge failure.  It'll be Obamacare that got thrown out, not the Affordable Care Act. Stupid timing, little downside to waiting a few days.

Reminds me of the time they were so certain they would win the Olympics for Chicago that they put themselves in the position of suffering a huge public failure.  These people don't learn. 

Posted by: Mayday at March 28, 2012 01:22 PM (orrLR)

161 Hedgehog, it's depressing that many have not been  looking out for us . We have scads of real Opressors that have kept their positions way to long.

Posted by: willow at March 28, 2012 01:23 PM (TomZ9)

162 Did the Wise Latina really ask, "Why can't Congress just decide this?", yesterday. Rush said she did. Then, he called her a slut*. *not true

Posted by: ktgreat at March 28, 2012 01:23 PM (TCTPY)

163 The word "secretary" is used 18 times in the first 18 pages.

Posted by: Hedgehog at March 28, 2012 01:24 PM (3jGS1)

164 I think what he said is that he trusts the individual Justices to do the right thing Posted by: nevergiveup at March 28, 2012 05:21 PM (eCnLg) First mistake, when it pertains to liberals.

Posted by: RomneyBot Since 2007 at March 28, 2012 01:25 PM (BB0/w)

165 >>> Read the bill? How could anyone read it when it had parts not even written yet when it was passed? How much of it was blank, to be filled in later? Considering that the entire clusterfuck consists of nothing but "The gubbermint will determine..." nonsense, I would say that 100% of this monstrosity was blank, to be filled in later. Obamacare does nothing to "fix" healthcare or provide anything to anyone. All it does is gives unelected fucksticks (primary the HHS Secretary) the authority to rule by unilateral and inarguable diktat. ...oh, and spend trillions of dollars for no apparent reason.

Posted by: Damiano at March 28, 2012 01:26 PM (A2+pr)

166 I think what he said is that he trusts the individual Justices to do the right thing

Posted by: nevergiveup at March 28, 2012 05:21 PM (eCnLg)


I guess Roberts thinks that Kagan perjuring her way onto the SCOTUS was 'the right thing".

These people have no respect for anything but each other, and most of them are deserving of nothing but scorn.

Posted by: ThePrimordialOrderedPair at March 28, 2012 01:26 PM (X3lox)

167 Just curious, has a SC justice ever been impeached?  (or whatever the process is to kick them out)

Posted by: Mayday at March 28, 2012 01:27 PM (orrLR)

168 I think the best arguements for our side happened yesterday when the justices were hanging on the fact that if this law stands, it'll open the door for  the fed to do anything it wants.

Posted by: Soona at March 28, 2012 01:27 PM (+QHB8)

169 willow: "this really is astounding. are the Justices going to adress it, and the Waivers?"

Were they to address all of the legislation's failings, they'd be there through Christmas. They're really going after the worst of the worst where if just one issue can kill it en toto, then there's no need to address the other stuff. The Court really doesn't want to go through it all. It wants a narrow ruling if possible even though there's loads of big issues that we'd sure like to see reigned in.

Posted by: AnonymousDrivel at March 28, 2012 01:27 PM (eHIJJ)

170 Here is an example of "the secretary"

‘‘SEC. 2793. HEALTH INSURANCE CONSUMER INFORMATION.
‘‘(a) IN GENERAL.—The Secretary shall award grants to States
to enable such States (or the Exchanges operating in such States)
to establish, expand, or provide support for—
‘‘(1) offices of health insurance consumer

Another

IN GENERAL.—The Secretary shall establish a minimum
interval between the date on which a recommendation described
in subsection (a)(1) or (a)(2) or a guideline under subsection
(a)(3) is issued and the plan year with respect to which the
requirement described in subsection (a) is effective with respect
to the service described in such recommendation or guideline.
‘‘(2) MINIMUM.—The interval described in paragraph (1)
shall not be less than 1 year.
‘‘(c) VALUE-BASED INSURANCE DESIGN.—The Secretary may
develop guidelines to permit a group health plan and a health
insurance issuer offering group or individual health insurance coverage
to utilize value-based insurance designs


That's the whole fucking thing.

Posted by: Hedgehog at March 28, 2012 01:29 PM (3jGS1)

171 yeah, single payer health care is not a right thing. It's a stupid, expensive bad idea that kills patient care.

Posted by: joeindc44 would also like to thank Dr. Pepper for his tasty contribution to mankind at March 28, 2012 01:29 PM (QxSug)

172 >>> are the Justices going to adress it, and the Waivers? Nope. The show's over. Now we wait for Dr. Jekyll Kennedy to take his potion and see if we get the monster or the man.

Posted by: Damiano at March 28, 2012 01:30 PM (A2+pr)

173 173 yeah, single payer health care is not a right thing. It's a stupid, expensive bad idea that kills patient care.

Posted by: joeindc44 would also like to thank Dr. Pepper for his tasty contribution to mankind at March 28, 2012 05:29 PM (QxSug)'

If you can buy it, it's not a right.  (credit to some moron from the other day)

Posted by: Hedgehog at March 28, 2012 01:30 PM (3jGS1)

174 They're really going after the worst of the worst where if just one issue can kill it en toto, then there's no need to address the other stuff. The Court really doesn't want to go through it all. It wants a narrow ruling if possible even though there's loads of big issues that we'd sure like to see reigned in.

Posted by: AnonymousDrivel at March 28, 2012 05:27 PM (eHIJJ)

can kill it en toto, then there's no need to address the other stuff.


I see.  thanks for that answer.

Posted by: willow at March 28, 2012 01:30 PM (TomZ9)

175 Hedgehog,
whew , well that's clear as a bell, isn't it.

Posted by: willow at March 28, 2012 01:32 PM (TomZ9)

176 Hedgehog@172,

Even shorter clause for HHS:

IN GENERAL.- The Secretary will do whatever the fuck the Secretary wants. The Secretary's decisions are final.

Posted by: AnonymousDrivel at March 28, 2012 01:32 PM (eHIJJ)

177 Just curious, has a SC justice ever been impeached? (or whatever the process is to kick them out)

Per Wikipedia, none have ever been removed from office. Samuel Chase was impeached but it resulted in acquittal.

Posted by: Heorot at March 28, 2012 01:32 PM (Nq/UF)

178 Boat loads of money for nothing and Obama care for free Yeah that's the way you do it you play judge on cable TV

Posted by: Dire Straits at March 28, 2012 01:36 PM (0egZ1)

179 Just curious, has a SC justice ever been impeached? (or whatever the process is to kick them out)

There's a current Congress-critter, Alcee Hastings, who was impeached and tossed out of his federal judgeship (for bribery, I think).  The dems tried to make him chair of the House Intelligence Committee, but couldn't quite swing that.  He STILL sits on the House Permanent Select Committee on Intelligence.

What can you say to this sort of shit? It's mind-boggling, really.

Posted by: ThePrimordialOrderedPair at March 28, 2012 01:38 PM (X3lox)

180 Boatload is a racist term.

Posted by: Jimmah at March 28, 2012 01:40 PM (UpwlP)

181 "They rammed it down our throats in 2009 and now we're going to ram it up their ...... in 2012"

Great quote from a woman being interviewed in front of the Supreme Court building. God Love Her!

From an interview by Benny Johnson at "The Blaze."

Posted by: Jay at March 28, 2012 01:43 PM (nojhZ)

182 Thanks for info about impeaching judges.  Considering the power of those 9, it seems like We The People should have an easier way to boot them or at least put them through an impeachment process.

One thing the founders may have missed in setting up the 3 branches with their separation of powers and the checks and balances between them, is what happens when they collude against the people.  Right now we can't be sure any of them will defend the constitution or our rights.

Posted by: Mayday at March 28, 2012 01:51 PM (orrLR)

183 Breyer: That might be coercive if boatloads of money were withheld but what makes you think that the Secretary could cut off all funding if the States don't comply? Administrative law says the government has to always act reasonably. Clement: Well, in this section it actually says the Secretary can cut off all funding for this program or any other program at their discretion if the States don't comply. Breyer: If I stretch the understanding of "words" and "Secretary" to charitably mean what you claim is printed on the paper in the blue brief in front of me and hypothetically agree that I can read.... Scalia: Oh dear God! Make it stop!

Posted by: Daybrother at March 28, 2012 01:59 PM (WCuHB)

184 19 >>Kagan claims that the federal government's "offer of boatloads" of money

Is "boatloads" some sort of legal/judicial term of art?

In Constitutional Law speak, that's somewhere between assload and shitload

Posted by: Satan's Barbed WeeWee at March 28, 2012 02:03 PM (Jls4P)

185 Obama is a stuttering clusterf*ck of a miserable failure.

Posted by: steevy at March 28, 2012 02:03 PM (7W3wI)

186 >>> They really do seem to believe in the concept of "free money." When Clement argues this money isn't free -- no money is -- they just can't wrap their minds around it. It really is aggravating living in a world with people this stupid. Even *scientists* are often that stupid.

Posted by: Random at March 28, 2012 02:14 PM (EnR4l)

187 >>> With due respect, I don't think it is a good idea, including if he wants to live. http://youtu.be/r6WXey2b-jA

Posted by: Random at March 28, 2012 02:24 PM (EnR4l)

188 Wrong thread, apologies.

Posted by: Random at March 28, 2012 02:24 PM (EnR4l)

189 Via Twitter: @iowahawkblog The Obamacare defense was the most epic 3-day acid trip since Woodstock. lol

Posted by: Y-not at March 28, 2012 02:24 PM (5H6zj)

190 @188

It's somewhere between a fuckton and shitton!

Posted by: McLovin at March 28, 2012 02:28 PM (j0IcY)

191 I listened to the whole thing.   The entire painful audio.  Our side won.  No question.

Posted by: mama winger at March 28, 2012 02:30 PM (P6QsQ)

192 Am I reading this transcript right? Does no one on the Supreme Court have a working, correct definition of coercion?

Posted by: Rich at March 28, 2012 02:43 PM (3lAjR)

193 It's a convoluted argument, and it relies a great deal on sophistry- but so do many other legal arguments, unfortunately.

Posted by: AllenG (Dedicated Tenther) SMOD 2012 at March 28, 2012 04:57 PM (8y9MW)

Kind of like the "These aren't my pants!" arguement.

There's a very special place in hell for lawyers. With no pants to be worn anywhere.

 

Posted by: Minuteman at March 28, 2012 02:46 PM (Rs/l4)

194

So let me just address Breyer's "college" arguments related to Title IX.

 

Read your Dole decision moron. The Court said "that in some circumstances the financial inducement offered by Congress might be so coercive as to pass the point at which "pressure turns into compulsion." 

 

Let me highlight the pertinent part, here, big guy. "in some circumstances the FINANCIAL INDUCEMENT..." In other words, the amount of money being threatened against the States.

 

So what do you do, you bring up a situation that involves college funding, an extremely small amount of money that a State receives from the Federal Government. Your own fucking case makes clear that the coercion results from the extreme amount of money, not just the situation. So, no, Justice Breyer, the federal government threatining to withhold state funding for colleges would not be coercive because the amount of money is quite small. Which is exactly the opposite of what you are dealing with in this case.

Posted by: Rich at March 28, 2012 02:51 PM (3lAjR)

195 EDIT: Meant my rant to be towards Ginsburg. They are so much alike I got them mixed up....

Posted by: Rich at March 28, 2012 02:56 PM (3lAjR)

196

And furthermore, to pile on Ace's point, these Justices are idiots.

 

So the Federal Government takes 100% of a peron's income. THey then go to a state and say "Hey, state, we will give X amount of dollars if you just do this and this and this." The State does it. Later, the Federal Government comes back and says "Hey, state, we will give eve more dollars if you jsut do these extra things. But if you don't, not only will we not give you the new dollars, we will take the old ones."

 

The state thinks on this, and says to itself "you know, I'd rather not take that extra money, and if the Federal government wants to take all of the money away because of that, so be it, I'll stand on my own." BUT WAIT A FUCKING MINUTE!! THE FEDERAL GOVERNMENT HAS ALREADY TAKEN ALL OF THE MONEY FOM THE CITIZENRY SO THE STATE CANT DO IT ON ITS FUCKING ON NOW CAN THEY??!?!!?

 

Right over Kagan's head. Right over Sotomayor's head. Right over Breyer's head. These brilliant minds seemingly miss things so easily seen by everyone else.

Posted by: Rich at March 28, 2012 03:05 PM (3lAjR)

197 Now wait, I'm still reading and I see Roberts saying "of course no state is going to say 'go ahead and make my day', give it away." So right there he admits that it is, in fact coercive, Because if a State can't possibly refuse the money, that is coercion.

Posted by: Rich at March 28, 2012 03:19 PM (3lAjR)

198 Can we hate Sotomayor the most?  Isn't she a white Hispanic? 

Posted by: Bud Norton at March 28, 2012 04:38 PM (mXmRo)

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