1 It is necessary and proper for Congress to give me all the birth control I can eat.

2 Stomp that new thread.

3 "Reforming the interstate market in health insurance?" There is no such market, by law; states require insurance to be purchased from an in-state provider.


Amicus whateverus?

Ace, file one of those 'Friend of the Court' things. Try to work in SCofMF.

4 With the administration shifting their arguments YET AGAIN, it looks clear to me that they expect Kennedy to come out against them in a 5-4 decision.

Christ, as badly as they're handling this one, it may be hard for them to get more votes than that Kevin Spacey lookalike and the so-called "Wise Latina."

5 I am, admittedly, not strong with it comes to logical reasoning.  But, that reeks of circular argument, does it not?

6 I thought ObamaCare was authorized under the BOHICA Clause of the Constitution.

7

furst!?

 

8

 

 

I'm hoping the JEF points to his own campaign tricks that he used in 2008, again. .....That was fun....that thing he did about the gas station.

9 Furst???

10 My new favorite analogy is cars.  The Supreme Court allows Congress to impose CAFE standards on auto makers.  So, could Congress

1: Impose a 200 MPG CAFE standard (yes)
2: At the same time impose an individual mandate requiring every household that has at least one person with a driver's license to buy a new car every five years, on the grounds that otherwise the auto industry would be destroyed by the 200 MPG CAFE standard?

How does that differ from what Congress did in ObamaCare?

11 The reforms are just to reform past reforms.

They could fix the problems by rolling back their previous fixes.

12 Twilight Zone post?

13 Can you still post to an invisible thread?

14 It's twue!  It's twue!

15 check

16

Epic technology fail!

Historic!

17 I heard the other day someone say that Eric Holder is the worst AG ever, even worse than John Mitchell.

At least John Mitchell didn't have a body count during his turn as AG.

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

19 “The minimum coverage provision is … necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,”

I have not conceded this.

20 So their argument is: if government intervention has heretofore failed, the remedy is more government intervention.

FAIL.

What do you mean by punt or bless...?

21 When will it be necessary and proper for me to buy a chevy volt and a subscription to the NYT?

22 "I'm strictly dickey" or something like that.
Meggie Mac and Cheesy McCain in Playboy! Yaaaay! (Yahoo links to it) At least she says McCain would have been a better president than the ChiTown Shyster (before she gets around to dissing Bristol Palin -- you know, the good looking daughter in the 2008 race)

23

A document becomes preeminent, he's expected to have penumbras. 

 

Penumbras... penumbras.

 

 

24 How can they change arguments mid stream? If not argued below do they not waive that argument?

25 This time for sure!

26 Obamacare: Just because

27 It would seem the Constitution exists to allow the Fed to do whatever if feels like doing. Ivy leaguers to the rescue again. Why don't we just get rid of the middle man - you know, those things called States - the employers of the Fed - and save some money? All would be perfect if Mr. Skittles could just rule via fiat. We could all be formed in the image of Chicongoland.

28 Okay, unlike the last thread, this one does manage to budge the outrage meter.

Seriously- the Necessary and Proper clause applies how?  "Oh, because we have the power to regulate Healthcare via the Interstate Commerce clause."

Umm... but the whole argument here (or much of it) is whether or not you even have that authority.  Especially since, by Federal Law, there is no "interstate" market (and, therefore, no interstate commerce) for health insurance.

29 Justice has aggressively defended the mandate as its own regulation of economic activity, but is now stepping up a separate argument emphasizing that the mandate is part of a broader regulatory scheme. ********* Someone explain this -how can "Justice" defend the mandate as its own regulation of economic activity?

30 If by "reforming" they mean "fucking up", then yeah the health care system in this country needed to be "reformed".

31 Odious Government Mandates that Violate the Spirit and Intent of the Constitution Unless You're a Douche + Increasing Gun Ownership = Unpleasant Days Ahead for the State Security Services

32

The democrats want the entire heath care systme taken over by the government, w/ private industry in bed with the government/democrats getting the tax payer funded windfall and control. It's pure evil.

 

33 What's to stop them from using the precedent of Obamacare to force you to buy products produced or imported by campaign contributors or else face ruinous taxation?

34 Yeah, strictly dickly...sounds like one of her gay friends thought that one up for her. I'm adopting it as a slur - fluked and strictly dickly. Anyway, how come Chubs is not at her BFF, Tia Tequila's, bed side?

35 I still don't see how this changes the argument. Necessary to reform the markets? Isn't a market by defuckinition an economic phenomena? The argument still relies on the Commerce clause.

Just once it would be nice of the guys on our side to point out that these damn hanghails the Left relies upon, C&C, N&P, are prefatory text not actual powers...

36 Congress passed it?  None of my business then.  The Constitution only applies to state and local jurisdictions.

37 this sounds like what a troll said on another website: where does the gov't get the authority to make you buy insurance? They passed a bill and the Prez signed it, so TOUGH.
Let's hope the SupCt says thumbs down to the whole thing before the election.

38 does this mean if Barak tells me to eat my peas, then i must by them and eat them??

39 With the administration shifting their arguments YET AGAIN, it looks clear to me that they expect Kennedy to come out against them in a 5-4 decision. ************** Supposedly ,according to the article they have changed the argument to make it easier for- Scalia to vote for ObamaCare, essentially.

40

"Reforming the interstate market in health insurance?" There is no such market, by law; states require insurance to be purchased from an in-state provider. A one or three line bill could create such a market.

 

 

 

 

Sure there is!  The Obama dick sucking supporters will find a law (or make one up) and the MSM will not look into it and just shrug in acceptance.  rinse.  repeat. reelected.

41 Is there anything possible in the fact that no republicans voted for this.  Can something be presented to the court to show this was not bi partisan and therefore should be subject to nation wide referendum or something?

42 5 I am, admittedly, not strong with it comes to logical reasoning. But, that reeks of circular argument, does it not?

Posted by: The Hammer at March 16, 2012 11:35 AM (wo1YR)

If that article presents anything resembling the argument DoJ is actually offering it seems to say "You have to uphold the mandate because the Necessary and Proper Clause says that the mandate is necessary to carry out the law, and regulating health care is necessary because we say so, so there it is." Seems a little weak but I'm nobody's idea of a lawyer.

43 buy

44 It's not so much that they're still trying to defend it that makes me so angry, it's that they're doing so with an argument my 4 year old could take apart without trying, and there's a decent chance it'll work.

45 sell

46 Can someone file Orwell's 1984 as an amicus brief? I think George summed it up pretty well.

47 Chubs is still bashing Bristol? That's so strictly dickly!

48 Posted by: sleepy at March 16, 2012 12:07 PM (oZfic)

You've got your head up your ass.  As usual.

49 Eureka I found curious's YouTube page! http://tinyurl.com/7jxalaf

50 Umm... but the whole argument here (or much of it) is whether or not you even have that authority. Especially since, by Federal Law, there is no "interstate" market (and, therefore, no interstate commerce) for health insurance.

All commerce is interstate commerce.  Including that which isn't commerce and is purely intrastate.

51 41

Oh look the cat urine moved to this thread. 

I thought you wanted to have me and phoenixgirl arrested?  Please tell me we are in your dossier.  I always wanted to be in a dossier.  It's so French.

52 Another good example of why Congress should be required to cite it's authority for new legislation BEFORE it's passed. But nooooo... let's just pass shit as make up excuses for it later.

53 Breaking News! Obama just revealed in an interview with Brian Williams that he is "strictly dickly."

54 10 At the same time impose an individual mandate requiring every household that has at least one person with a driver's license to buy a new car every five years, on the grounds that otherwise the auto industry would be destroyed by the 200 MPG CAFE standard?

-------

Knew a Japanese foreign exchange student in college. He claimed that after a car becomes more than a few years old (I forget the exact age), the Japanese government requires that it get an annual "safety inspection" that Americans would call an overhaul.

55 Is there a law against being an interstate douchetwat? 
Is there a lawyer around this blog????

Tidy Cat needs to be served.

56 i look forward to all the laws that might come along with the obamacare legislation.
"willow you like to ride dirt bikes?  it isn't an approved exercise, and might come with risks"
sam, did you actually eat a cheesburger with fries?  if you did so you will have to go to the end of the line, we will adjust your care accordingly"

how many times did you eat your peas?

57 I'm worried that if 5 of the justices are on one side with only 4 on the other, the Supreme Court could tip over.

58

I  don't think that they'll punt on this one - otherwise why grant cert? Even they know that the country needs some clarification (either yea or nay) on Obamacare and the changes (they're vast and deep) to the healthcare industry that it'll produce.

The only way they could quasi-punt on this would be to rule that the mandate is constitutional but only in this specific instance.  Which would for all intents and purposes make any mandate permissible so long as the problem it seeks to solve is "large" enough.  

If however they find that the mandate is unconstitutional then they whole thing will crumble anyway so full nullification won't be necessary.  

  

59 I smell another non-decision decision in the works.

It'll consist of 300 pages of precedent and argument why Obamacare is both constitutional and unconstitutional, and ends with "Meh, let Congress deal with it."

The only question is which justice writes the majority opinion.

60

Can they also make sure that Joos aren't allowed to vote in the referendum? Zerohedge told me they're the cause of all my problems.

61 This is also a dog whistle for Obama's supreme court leftists.

62 I think there should be CAFE standards everywhere. The last time I went into a Starbucks there was something icky on the table.

63 60 Can they also make sure that Joos aren't allowed to vote in the referendum? Zerohedge told me they're the cause of all my problems.

Posted by: sleepy at March 16, 2012 12:14 PM (ggRof)

not me.

64 It'll consist of 300 pages of precedent and argument why Obamacare is both constitutional and unconstitutional, and ends with "Meh, let Congress deal with it."

If Obamacare really goes into effect, I predict the shooting war moves from my kids lifetimes, to my own.  And maybe before they reach their majority.

65 57 I'm worried that if 5 of the justices are on one side with only 4 on the other, the Supreme Court could tip over.

That is a possibility.  Ginsburg doesn't have enough MeggieMac boobage to balance the court.

66

....."Necessary".

 

That's one of Barky's BOHICA words, isn't it. .....Whenever he's about to stick it to us again, it's because he declares that it is "necessary". 

67 I was told that the president's re election will be secured if they lose in the Supreme Court on this as it will re energize the base to go out and vote him in again to re up the bill.

68 Whenever he's about to stick it to us again, it's because he declares that it is "necessary".

Yeah.  Pretty much.

69 did you hear that from your daddy's soooooper dooooper smart rich friend who told you that huntsman was going to the the next president?

70 I was told that rabbit droppings are made of chocolate. They didn't taste like chocolate, but I was told that, so it must be true. Rabbits need to poop better chocolate, though.

71 I thought the headline of the post should be:

King Obama Moves to I Think Its Necessary And I Won Clause To Justify The OBustTheBudgetCare.

72 The last time I went into a Starbucks there was something icky on the table.

Posted by: Meggy Mac at March 16, 2012 12:15 PM (GZb1p)

Oh nevermind, I just realized it was me!

73 66 ....."Necessary".

That's one of Barky's BOHICA words, isn't it. .....Whenever he's about to stick it to us again, it's because he declares that it is "necessary".

Posted by: wheatie at March 16, 2012 12:16 PM (Izn9

"Humping you silly is going to hurt me more than it hurts you. BWAHAHAHHAHAHA! Naw, just joshin' it's gonna hurt you like hell, crackas!"

74  if you are a female between 12 and 50 you must take your family planning pill, if you become pregnant without approval , your child  will be aborted and you will undergo tubal ligation at no extra cost to you.

75 You aren't fooling us in that sleepy uniform, dopey.

76 69 did you hear that from your daddy's soooooper dooooper smart rich friend who told you that huntsman was going to the the next president? Posted by: phoenixgirl


I'm not soooper rich but I am a soooper Jooo!  No, I did not stay at a Holiday Inn Express last night.  I stayed in my normal cardboard box on 16th street.

77 govt. agency did you use salt or butter on your broccoli?

78 These legal briefs are making me itch.

79

Sooo... in there view that clause is Carte Blanche for Federal Power, even if it contradicts an explicit Constitutional Right?  And of course, trumps the 10th Amendment...

 

Interesting...

80

81 I thought Derrick Bell taught our president that the Constitution is the problem. Did he forget what he learned at Harvard and taught at Chicago?

82 67 I was told that the president's re election will be secured if they lose in the Supreme Court on this as it will re energize the base to go out and vote him in again to re up the bill.

Posted by: sleepy at March 16, 2012 12:17 PM (oZfic)

My Rice Crispies told me that you are a fuck wit.

83 It's uh....necessary....that gas prices go up.

84 70 I was told that rabbit droppings are made of chocolate. They didn't taste like chocolate, but I was told that, so it must be true. Rabbits need to poop better chocolate, though.

Posted by: sleepy at March 16, 2012 12:18 PM (ggRof)

not me.

85

Because Congress has the right to create laws regulating interstate commerce, it is necessary and proper that it can pass laws to effectively create interstate commerce where such commerce heretofore did not yet exist. And thereafter it can regulate the commerce thus created. Which is justified because it is interstate commerce and it now exists because they created it. And such regulations are now justified because they could not regulate something that did not previously exist.  Which gives them the right to legislate it into existence, because you otherwise wouldn't have the right to legislate about something that does not yet exist, right?

Did I get that right? Because I almost passed out while typing it.

86 My Rice Crispies told me that you are a fuck wit.

Posted by: MrCaniac, listening to his Rice Crispies at March 16, 2012 12:24 PM (1grxW)

My Rice Crispies always tell me to screw America again, and who am I to go against the voice of Kellog?

87 It's....necessary....that I keep poking you honkeys in the eye.

88 I'm too sleepy for two sleepy.

89 Yeah, Heller is grand.

But what about Kelo? Personally, I don't like ideas that are big like that.

90 high gas prices are unfair to millenials who like to go to bars on the weekend....everyone else can suck it

91 I will work harder.

92 78

"These legal briefs are making me thirsty."

Kramer

93 New powers of the State? How about bias crimes- make fun of the (minority) kid and he subsequently kills himself, go to jail. See Rutgers.



Sweet

94 Sure, it's a "necessary and proper" move to save his electoral chances.

95

My Rice Crispies tell me to stick with dick.

96 do you suffer from angstalot, there is a new improved solution to this  read this ad , it might give one hope.
smod2012, because we really do care.

97 I want to see Scalia, Thomas and Roberts write "ROTFLMAO" in the opinion on this one.

98 This cat urine is making me thirsty!

99 59 I smell another non-decision decision in the works.

It'll consist of 300 pages of precedent and argument why Obamacare is both constitutional and unconstitutional, and ends with "Meh, let Congress deal with it."

The only question is which justice writes the majority opinion.

Posted by: Hollowpoint at March 16, 2012 12:14 PM (SY2Kh)

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

I agree with this 100%.  Unfortunately, it's going to take 60 conservative Senators to overturn this law.  We all know that's not likely to happen.  This is why the vote on the law was so important.  The DemocRATS knew that if they could get it passed, it would and will always be with us.  

I think our only hope is to somehow keep control of simple majorities in the House and Senate and delay implementation of the law indefinitely.

100 So if congress passes a law requiring everyone to buy insurance against libelling someone, it is then necessary and proper for government to restrict free speech to reduce costs.

101

read the supreme court briefs and you'll see why the Obama administration is throwing stuff at the wall.... because they know they're going to LOSE.

Honestly, any objective jurist woudl have to rule this unconstitutional.  I wouldn't be surprised with another 9-0 whooping of the Obama administration.

And the government's brief on severability admit that if the mandat is invalid, then the guaranteed issuance and coverage provisions have to fail with it.  Ironically, what they miss is, that concession admits that the mandate is unseverable and the whole act must fail.

My prediction:  Mandate unconstitutional (should be 9-0 but will be at least 7-2); Unseverable, entire act invalid (6-3 or 5-4).

 

102 Sooo... in there view that clause is Carte Blanche for Federal Power, even if it contradicts an explicit Constitutional Right? And of course, trumps the 10th Amendment...

The 10th Amendment?  How quaint.

Decades of leftist SCOTUS decisions have rendered the 10th Amendment meaningless.  Apparently the "interstate commerce clause" trumps the Bill of Rights, as "interstate commerce" now includes activity that is neither interstate or commerce.

Practices of your local elementary school?  Interstate commerce.  How many potatoes you grow in your garden for your own personal consumption?  Interstate commerce.  Arsenic concentration in your tap water?  Interstate commerce.

103 My Rice Crispies always tell me to screw America again, and who am I to go against the voice of Kellog?

Posted by: Barack "No Lube" Obama at March 16, 2012 12:26 PM (RD7QR)

Especially when you play H-O-R-S-E with his son Clark.

104 86

Kellogg was a rich cracker.  Ya gonna listen to him or me, cause I WON.

105 All this shit comes down to one fact. The GOP has no balls, no guts, no principles, no scruples, no desire to curb or even confront Zero's excesses. They make me sick, and Romney is a symptom of the disease that has turned the GOP into a glob of formless yellow baby shit. Fukkin' girlie men. The hope must be in the future and the women of the party, the rest of them are a total self serving waste.

106 What! ....It's not me. I'm only doing what's necessary.

107 Won't I need free internet to order my free birth control? Can someone confirm that I will get free delivery? Thanks.

108 The GOP has no balls, no guts, no principles, no scruples, no desire to curb or even confrontZero's excesses.

Careful there, maddogg- you might make Boehner cry.  Again.

109 Posted by: DaveCal at March 16, 2012 12:30 PM (yoCmU)

Except there were many logical erudite posts on here that outlined why obamnycare would not be passed, and it was.

110 If you think Interstate Commerce impacts everything the government can do to you, just wait until they "discover" the right of government to control your health care.   Everything in the world can somehow be construed to affect your health.

111 are you tired and upset at the lack of civility in political discussions with your conservative neighbors? there is a solution. Share your pain with us , and we will take care of the issue.
email@govtrightsthewrongs.org

112 I will be creating a new department....to determine what is "necessary". Then all ya'll will see...that it's not me....it's what is necessary.

113 Clooney arrested?
God I wish he could just spend 20 minutes in a regular jail.

114 My prediction: Mandate unconstitutional (should be 9-0 but will be at least 7-2); Unseverable, entire act invalid (6-3 or 5-4).

Posted by: DaveCal at March 16, 2012 12:30 PM (yoCmU)

From your keyboard to God's monitor.

115 Won't I need free internet to

They're working on that already.

Lefty sites (and especially lefty tech sites, like Gizmodo) have been pushing the idea that Internet access is a "necessary utility" and "a Right" for at least the last couple of years.

116 69 did you hear that from your daddy's soooooper dooooper smart rich friend who told you that huntsman was going to the the next president?

Posted by: phoenixgirl at March 16, 2012 12:18 PM (h8UT+)

He's a mormon, he guessed wrong, he thought they'd have the brains to pick the more educated, more worldly, more experienced governor mormon, instead they picked the other one.

But, he may not be wrong quite yet, there is still the matter of a brokered convention.

117 We have determined that ZeroCare® is...necessary...to right the racial wrongs of the past, and make sure that you don't get what you pay for.

118 All this shit comes down to one fact. The GOP has no balls, no guts, no principles, no scruples, no desire to curb or even confrontZero's excesses.

Right- the fact that the Dems held the House, Senate and White House had nothing to do with it.  Only "balls".

119

I just hope Congress doesn't pass a mandate that everyone has to buy Windows Vista.

 

Boy, did that OS suck.

120 It sure would save an enormous amount of angst on my part  if I knew for sure that Chief Justice Roberts was just sittin' in a leather recliner somewhere next to Scalia and Thomas, rubbing his hands together in glee, and salivating at the chance of smacking ol' Barry right in the kisser over this one.

121 It's a long shot, but our only hope, if Mittens get the nod, is that he is actually a Pandora's Box, just waiting to get the hell out of his MassachusettesLibForceAppeasementSewerMode and rain down Hellfire missiles once he gets in. Posted by: Green Math at March 16, 2012 12:37 PM



Hellfire missile.  Romney.  Hahahahaha.

122 122
I just hope Congress doesn't pass a mandate that everyone has to buy Windows Vista.

Boy, did that OS suck.

Posted by: Jay Guevara at March 16, 2012 12:38 PM (7tPfr)

Still does, at least on my PC at home. I'm going to get carpal tunnel from all the clicking of "Continue" buttons.

123 It is necessary that you stand within view of the telescreen.

124 115 Clooney arrested?
God I wish he could just spend 20 minutes in a regular jail.

Posted by: Clutch Cargo at March 16, 2012 12:34 PM (Qxdfp)

Oh cripes. This is one of those "Hollywood Arrests". The chances of him being convicted of anything are about the same as "Cat Piss" getting rid of the urine smell following he/she around.

125 He's a mormon, he guessed wrong, he thought they'd have the brains to pick the more educated, more worldly, more experienced governor mormon, instead they picked the other one.But, he may not be wrong quite yet, there is still the matter of a brokered convention.

Posted by: sleepy at March 16, 2012 12:36 PM (oZfic)

So your dad is Dopey?

126

We have determined that Freedom of Speech is.....not necessary.

 

Therefore, anyone engaging in illegally speaking out against anything we deem 'necessary', will have their ZeroCare® coverage revoked.

127 This is a government of limited, enumerated powers.  That should be the mantra of our entire nation.  That's why the Supreme Court exists, because we can't trust Congress and the President to limit their own power. 

I would hate to think their singular job is "too big" for the Supreme Court.  Out of hope and love of liberty alone, I predict a 5-4 ruling against ObamaCare. 

128 So your dad is Dopey?

Posted by: MrCaniac knows the 7 dwarfs at March 16, 2012 12:43 PM (1grxW)

The guy's second choice was Governor Perry.   He is currently saying the process as it has been set up and "tweaked about" is yielding another John McCain, (mittens) only with dark hair and way more money.  He's correct on that one.

129 "Oh cripes. This is one of those "Hollywood Arrests"."

All for what? If Clooney wants to help Sudan, he should get out his checkbook and hire some Sudanese to fight. He's got more money then the U.S. Treasury.

130 He's got more money then the U.S. Treasury.

Well, true.  But if we're talking real money, right now some hobo in a box has more money than the US Treasury.

131

Unfortunately, it's going to take 60 conservative Senators to overturn this law.

 

Not if it's overturned via reconciliation. Ending Obamacare would reduce the deficit and this would clearly fall under the rules of reconciliation. Unfortunately, this would require 51 senators with testicular fortitude and that's less likely than getting a filibuster proof majority.

132 Posted by: what's more! at March 16, 2012 12:47 PM (HOOye)

And our response should be: "1.76 Tn dollars."

133 Except there were many logical erudite posts on here that outlined why obamnycare would not be passed, and it was.

Posted by: sleepy at March 16, 2012 12:34 PM (oZfic)

Erudite?  That's a mighty big word ur usin'  on this here thread.  Weez may not understanz.

Hmmm, maybe highbrow would work better with us morons.  See, I have a theodinosaurus too.

134 38 does this mean if Barak tells me to eat my peas, then i must by them and eat them??

Obamacare will cover the cost of having the doctor check your poo for evidence that you are eating you peas as required by law (notice the brilliant lack of a comma after "peas").
But that is a brilliant argument if I caught it right: we have the power to create interstate commerce so we can regulate it. Maybe we SHOULD have let the aliens take all the people will more than 2500 milligrams of melanin -- at least the brilliant Hahvard law schools grads who were living in Chicago at the time -- we know Hillary wouldn't have been able to get this mess through Congress.

135 Clooney arrested?
God I wish he could just spend 20 minutes in a regular jail.
Posted by: Clutch Cargo

Can you imagine a DC jail?  You sure look purty.

136 If this jerk keeps screwing around with the Constitution it will soon look like a ten headed snake with racing slicks. What an unbelievable moron.

137 "Well, true. But if we're talking real money, right now some hobo in a box has more money than the US Treasury."

That was my point.

138
The Attorney General of Massachusetts filed an amicus brief in HHS v. Florida asking the Supreme Court to uphold the minimum coverage requirements of the Affordable Care Act (ACA), using the CommonwealthÂ’s experience with an individual requirement to purchase coverage.




Thanks Mitt for loading the other side's gun.

139 This is all so obvious.  Remember, Obammy ran against Shrillary opposing the mandate.  The mandate was always intended as a disposable distraction.  SCOTUS will of course shoot it down on a straight party line 5-4 decision.  And then on a 5-4 with Kennedy going the other way because he is a pussy without the courage of following that first correct decision where it must go, they will discover a way to sever it from the rest... despite Congress explicitly considering and rejecting a severability clause.

And we end up exactly where Obama wanted to go originally.  Without the mandate the whole fiction of 'insurance' can't be maintained yet the bennies will flow for a couple of years before that becomes so painfully obvious that it can't be ignored any longer.  Since free government bennies can't ever be taken back and the existing system will be destroyed the only option left will be single payer.  And it won't matter if Laup Nor were POTUS, single payer will be implemented because it will be the only answer that will be politically and economically viable at that point.  Who controls Congress and the White House will matter in some of the minor details of implementation but nothing that the next D administration wouldn't be able to tweak at leisure.  Game Over.

Anyway, that's my prediction based on my reading of the tea leaves.

140 obamnycare

Posted by: sleepy at March 16, 2012 12:34 PM (oZfic)

That word sounds distinctly racist to my ears.  Do you perchance have a lawn jockey on your front lawn?  Maybe some Aunt Jemima syrup in your kitchen pantry.  Uncle Ben's Rice?

141 Maybe we can get Clooney to protest the SCOTUS, that is IF he makes bail.

142
To:        Harvard and Yale Law Faculty 

From:   Barack Obama, Esq.,  (License in suspended status) 
            C minus Affirmative action admittee, Class of 1991

Re:       Your arrogant proclamations that, under the Commerce Clause,  the
             constitutionality of Obamacare was a self evident no-brainer.

Please be advised that your previous opinions regarding the above referenced matter have been overtaken by events. 

Please gather what remaining shreds of your reputations you are able to locate and report to the underneath of the nearest bus forthwith.  (Get it?  forthwith?  Cuz, I'm a lawyer.  Like you.)

cc.  Joseph Biden,
       Smartest law student ever, Seerakuse division.

143 The guy's second choice was Governor Perry. He is currently saying the process as it has been set up and "tweaked about" is yielding another John McCain, (mittens) only with dark hair and way more money. He's correct on that one.

Posted by: sleepy at March 16, 2012 12:45 PM (oZfic)

OMG!!!! His second choice was Perry!!!!!!  Still doesn't change the fact that he is Dopey. Anybody who has ever followed politics knew that Mitt would be the favorite, just like Huckabee would have been right there also. It is called "Organization". Mitt had an organization from 2008 in place and up and running. The others didn't. It's why Reagan won the nomination in 89, Bush in 88, Dole in 96, Bush II in 00, and McCain in 08.

144 >>>That said, this seems too big to me. I feel like the Court will punt or bless it, because they tend not to make such big waves.

I think your analysis is flawed ace.

I think the admin was sensing a loss on this case. A loss of this case if they argued Commerce Clause would be the most substantial reigning in of government power in a long long time, shifting the argument to N&P is less impactive.

145

Wait, what?

 

These asshats actually think they can to to Roberts and Scalia with an entirely new theory of the case?  Have any of them actually argued a case at SCOTUS?

146 Unfortunately, it's going to take 60 conservative Senators to overturn this law.

Seems to me that the circumstance of the monstrosity's passage might warrant a one-time deviation of the Senate Rules to put revocation to a vote of the whole Senate without there being 60 votes to end cloture.

The DOJ's lawless jihad against Ted Stevens.  The Minnesota felon votes.  The delay in seating Scott Brown.  The arrogant defiance of public opinion.

The Democrats did a tap dance on any semblance of democracy when they passed the monster.  Let them suffer when it is revoked in the same way.

Here's a neat way to make it more palatable to the public.  Republican Senators to the American people:  If we did not revoke this thing millions of you would been forced into health insurance exchanges and you would not have been able to keep the doctors you liked.  We had to do this.  To keep the Democrats from breaking the promise President Obama made to you.

147 These asshats actually think they can to to Roberts and Scalia with an entirely new theory of the case? Have any of them actually argued a case at SCOTUS?

I don't think so... the one who argued all their cases was Kagan, who is now on SCOTUS, and I seem to recall her getting smacked around by the court for doing this kind of bullshit on behalf of the administration.

148 somehow I think moving the goalposts on the Supremes after arguing differently at the appelate level is not going to win the day ...  after all the current appelate ruling needs to be overturned for ObamaCare to survive and that was argued on the commerce clause ... 

149 "Reforming the interstate market in health insurance?" There is no such market, by law; states require insurance to be purchased from an in-state provider. A one or three line bill could create such a market.
---------------------------
Whether or not there is such a market is not the real gut issue.  The real gut issue is whether the federal government has any business restructuring any market at all (except, maybe, interstate transportation).

Of course, we probably lost that back in the sick-chicken case.  Still - that's  the real issue.

150 re 146
cc. Joseph Biden,
Smartest law student ever, Seerakuse division.

I thought there was a merger -- isn't it now Seerakuse XM?

151 I think they've lost Ginsburg on this, hence the panic.

152 I've always wondered what kind of effect the sword wielding robber incident would have on the Supreme Court Justice involved.  Do they get SS protection, after an incident like that, just like romney and santorum and gingrich?  Cause that would make me a little uneasy, it's a quality of life issue.

153 You kill it by passing a bill restoring the $ 500B to Medicare with riders gutting Obamacarr No Senator, who isn't planning on retirement will vote against it.

154 Baron Ericus @ 150, you don't need anything special.  You just need Rs with stones and that is the problem.  To overturn OCare, or anything else that the media takes great pains to tell us 'requires' sixty votes in the Senate to pass only requires that we be willing to wait out their tantrum.

In other words, make em stage a real fillibuster.  Tell Dingy Harry if he wants to stop a repeal bill be better stock up on Depends and be prepared to settle in for a LONG stand.  Like it used to be.  A fillibuster could be used to slow down the Senate but not stop it.  Remember, Exalted Cyclops Byrd's historic fillibuster didn't stop the Civil Rights Act but he did slow things down and force everyone to reconsider.  But in the end when he ran out of bullshit they went ahead and passed the darned thing.  We will leave the wisdom of that to the historians but the point is it passed on a simple majority.

We get control of the Senate and House we just schedule the damned vote and wait until the Demonrats run out of bullshit.  And if they don't WE hold em accountable and don't listen to their pitiful excuses about lacking sixty Senators.

Now if Obammy is still POTUS he will of course veto it and overturning that does require 67 and there ain't no way around that so screw George Will and his talk of writing off the POTUS and concentrating on capturing the Senate.

155 "Necessary and proper."

Necessary we keep. And we get to decide.

Proper? 

Meh.  Dead white man stuff.   Like the Ninth and Tenth Amendments.

156

Knew a Japanese foreign exchange student in college. He claimed that after a car becomes more than a few years old (I forget the exact age), the Japanese government requires that it get an annual "safety inspection" that Americans would call an overhaul.
-----------

Yep, it was called the Japan Compulsory Inspection (JCI) and it was a fucking racket for the Japanese government, car dealers and especially local mechanics anywhere near an American military base.

IIRC, it had to be done on vehicles every 2-3 years and involved a full day of time and attention at minimum. If you were doing it yourself as a foreigner, you could count on more than one day and several trips to the "inspection" location (probably a mechanic too).

I took the advice of most people who had been through the inspection and took it to a mechanic, who charged somewhere between $300-500 to do everything from making it "compliant" to actually taking it to the location and getting the inspection done. Amazingly, he had no problems whatsoever with the inspection process.

Flash forward a year or so later, and I get stopped by the Japanese police who tell me that my tires (which have been on the entire time) are too big and not JCI compliant. I was about a month away from rotating home, so the guy who bought my truck got to deal with it and I got to knock money off of my sale price.

So, not only did I pay the guy to get me compliant, I also apparently paid him to put everything right back the way it was before I got my truck back.

Just imagine what the SCOAMF, the UAW and car manufacturers could do with a system like that....

SMOD 2012!

157

"Knew a Japanese foreign exchange student in college. He claimed that after a car becomes more than a few years old (I forget the exact age), the Japanese government requires that it get an annual "safety inspection" that Americans would call an overhaul."
--------

 

54:

Yep, it is called the Japan Compulsory Inspection (JCI) and it is afucking racket for the Japanese government, car dealers and especially local mechanics anywhere near an American military base.

IIRC, it had to be done on vehicles every 2-3 years and involved a full day of time and attention at minimum. If you were doing it yourself as a foreigner, you could count on more than one day and several trips to the "inspection" location (probably a mechanic too).

I took the advice of most people who had been through the inspection and took it to a mechanic, who charged somewhere between $300-500 to do everything from making it "compliant" to actually taking it to the location and getting the inspection done. Amazingly, he had no problems whatsoever with the inspection process.

Flash forward a year or so later, and I get stopped by the Japanese police who tell me that my tires (which have been on the entire time) are too big and not JCI compliant. I was about a month away from rotating home, so the guy who bought my truck got to deal with it and I got to knock money off of my sale price.

So, not only did I pay the guy to get me compliant, I also apparently paid him to put everything right back the way it was before I got my truck back.

Just imagine what the SCOAMF, the UAW and car manufacturers could do with a system like that....

SMOD 2012!

158 Sorry about the double post up there, formatting didn't jive up for some reason.

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

160 The necessary and proper clause applies only to the carrying out of enumerated powers...but given Emperor Bokassa's demonstration understanding of constitutional issues, I'm not surprised they'd trot this out there.

161 Executive Order -- National Defense Resources Preparedness" http://tinyurl.com/7ev8jgj
Could this be why they changed their tactics with the Supreme Court concerning the obamacare case?

162 LOL @ "shift"

They're not "shifting" anything. They're flailing around. And they're going to lose on the individual mandate 5-4. I don't know about rest of it, but on the mandate they're going to lose.