Ace of Spades HQ

June 27, 2012

Retraction: Ginsberg's Comments Do Not Tip Her Hand
— Ace

I kept citing her remark that the Court must decide if a bad stalk of broccoli can be cut away, or if the entire bunch must be discarded, for the proposition that she's tipped her hand, that the mandate is already found unconstitutional, and now the question shifts to severability.

Commenter Richard points out that's not all she said -- that's just all I saw quoted. In fact, she reels off all of the questions you'd imagine the Court is considering:

The three cases challenging the constitutionality of the Health Care Act present four questions: First, does Congress have the authority under Article I of the Constitution (the Commerce Clause or the power to tax and spend for the general welfare) to enact the so-called individual mandate?
Second, if the individual mandate-requiring the purchase of insurance or payment of a penalty-is unconstitutional, must the entire Act fall invalid?
Or may the mandate be chopped, like a head of broccoli, from the rest of the Act?
Third, does the Act's expansion of Medicaid exceed Congress' spending power?
Fourth, the big question, inviting the answer everyone is waiting for: Do federal courts lack jurisdiction to entertain a pre-enforcement challenge to the individual mandate in light of the Anti-Injunction Act of 1867.45 That Act prohibits "any person" from suing the federal government to restrain "the assessment or collection of any tax."

Transcript of the remarks here.

Those are simply the four questions they certified for review -- the very four questions they had oral arguments on.

That tells us nothing at all.

Sorry. I just saw this one bit quoted and thought it was all she said. She didn't. She simply reiterated the questions certified for Supreme Court review.

Obviously, all conclusions based on my faulty premise are weakened.

Thanks to Richard J. for correcting me.

Eh, damnit.

I started to say in the comments, "Doesn't anyone else realize how incredibly important this quote is?"

Well, no. Because the full quote reveals absolutely nothing at all.

Posted by: Ace at 05:46 PM | Comments (104)
Post contains 349 words, total size 2 kb.

1 Back to DEFCON 2?

Posted by: Walter Freeman at June 27, 2012 05:47 PM (kqGWM)

2 Thanks, Ace.

Posted by: IdowhatIwant at June 27, 2012 05:48 PM (a4CUi)

3 New thread smell. Yay!

Posted by: JDTAY at June 27, 2012 05:48 PM (a0nis)

4 Retraction: Ginsberg's Comments Do Not Tip Her Hand

Great, now he tells us. Scott Brown's trash hardest hit.

Posted by: fluffy at June 27, 2012 05:48 PM (O6q63)

5 Broccoli again?

Posted by: eman at June 27, 2012 05:48 PM (ejmiE)

6 SCFOAMF

Posted by: Pastorius at June 27, 2012 05:49 PM (r2evj)

7 That's exactly what I would expect from Darth Bader Ginsburg ... She's one of the most liberal on the Court. I never counted on her vote.. It's Kennedy I'm concerned with..

Posted by: the pink cracker formerly known as the hobbit Donna at June 27, 2012 05:49 PM (ZHge+)

8 Ruth of the Hill People has spoken.

Posted by: eman at June 27, 2012 05:49 PM (ejmiE)

9 I'm getting a little light headed here with Ace throwing my fragile emotions back and forth like this.

Posted by: Pastorius at June 27, 2012 05:50 PM (r2evj)

10 Calm down and enjoy some polls. Sweet, sweet polls.

Posted by: CAC at June 27, 2012 05:50 PM (YRCSO)

You're gonna find out tomorrow, dude. Try to relax.

Also, you will all die cold and alone in the dark.

Posted by: Empire of Jeff at June 27, 2012 05:50 PM (JDIKC)

12 11 Calm down and enjoy some polls.

Sweet, sweet poll
You got some?

Posted by: the pink cracker formerly known as the hobbit Donna at June 27, 2012 05:51 PM (ZHge+)

13 Fitting that yamulke for tomorrow.

Or whatever it is Allahpundit would wear on his head (besides testicles)

Posted by: The Q at June 27, 2012 05:51 PM (B/yDO)

14 Deep breaths, Ace.

Cheaper than Xanax.

Posted by: Brother Cavil, New Caprica Sanitation Department at June 27, 2012 05:51 PM (x8wJs)

15 I think it might be leaked tonight. Or, possibly, *not.*

Posted by: ace at June 27, 2012 05:52 PM (aw5Tx)

Also, you will all die cold and alone in the dark.

What about naked, screaming and covered and blood? You know, bookends.

Posted by: fluffy at June 27, 2012 05:52 PM (O6q63)

17 You got some? Posted by: the pink cracker formerly known as the hobbit Donna at June 27, 2012 09:51 PM (ZHge+) Obama down from +23 to +16 MA per PPP. Enjoy the hit.

Posted by: CAC at June 27, 2012 05:52 PM (YRCSO)

18 Heh

Posted by: IdowhatIwant at June 27, 2012 05:52 PM (a4CUi)

19 OT; What would be sweet prior to teh CBC walking out on the Holder contmpt vote would be for Allen West to make a speech about what this vote is about: 2,000 guns walked into Mexico, a murdered U.S. Border Patrol Agent, over 200 murdered Mexican nationals and a stalling AG.

Posted by: John P. Squibob at June 27, 2012 05:52 PM (kqqGm)

20 I think it might be leaked tonight.

Or, possibly, *not.*

This is a test isn't it?

Posted by: the pink cracker formerly known as the hobbit Donna at June 27, 2012 05:53 PM (ZHge+)

21 @15 Oh crap, now I don't get to sleep. I hope I don't die like that Chinese dude watching the Euro soccer tournament.

Posted by: JDTAY at June 27, 2012 05:53 PM (a0nis)

22 >>>Also, you will all die cold and alone in the dark. what's that from? I want to say, "is that from me?" because i know I've said it... I just don't know if I said it first.

Posted by: ace at June 27, 2012 05:53 PM (aw5Tx)

23 Bringing this over from the other thread... It's okay, ace. Just a little premature speculation. It happens. The important thing is to acknowledge your mistake, learn from it, and move on. In other words, do the exact OPPOSITE of what a progressive leftist dimbulb would do.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 05:53 PM (CA2NO)

24 I think it might be leaked tonight.

Ace, I already told you in a previous post that all of he Justices will be taking a leak tonight.

But then only Breitbart read the comments.

Posted by: John P. Squibob at June 27, 2012 05:55 PM (kqqGm)

25 Obama down from +23 to +16 MA per PPP. Enjoy the hit. Posted by: CAC at June 27, 2012 09:52 PM (YRCSO) Ooooh... CAC, you know JUST what to say to make a lady feel all tingly.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 05:55 PM (CA2NO)

26 Now I can go to my grave secure in the knowledge I have made a difference. I have induced a retraction on a mega-blog. It has not all been in vain. Notice how a conspicuous retraction when appropriate equals credibility?

Posted by: Richard Johnston at June 27, 2012 05:55 PM (lP9Vi)

27 12 hours to go. 11 hours and 55 minutes to go. 11 hours and 50 minutes to go. 11 hours...

Posted by: eman at June 27, 2012 05:56 PM (ejmiE)

28 Politico: Derp... Obama wants it all thrown out in order to lure the Republicans into his 5th dimensional chess game that only he understands. This will ensure Democratic rule for at least the next 700 years or so. A defeat for him is actually a victory and a victory for him is actually a victory. Derp... you Republicans are falling right into his well crafted trap!

Posted by: Sean at June 27, 2012 05:56 PM (E0rp6)

29 @15: You're kidding, right?

Posted by: Joffen, fucking sunshine patriot at June 27, 2012 05:56 PM (caAEA)

30 Calm down and enjoy some polls.
***
Brings me back to my chicago days.

Posted by: Barack Obama at June 27, 2012 05:56 PM (AUeaU)

Obama down from +23 to +16 MA per PPP.

Massachusetts: Now, 1/3 less stupider.

Fuckin' A

Posted by: fluffy, Masshole at June 27, 2012 05:56 PM (O6q63)

32 eman: Seriously. I keep looking at the clock and wondering WHY THE LITTLE HAND HASN'T MOVED YET OMG.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 05:57 PM (CA2NO)

33 12 hours to go.

11 hours and 55 minutes to go.

11 hours and 50 minutes to go.

11 hours...

99 bottles of beer on the wall...

Posted by: John P. Squibob at June 27, 2012 05:57 PM (kqqGm)

34 What am I going to do with all these conchs?

Posted by: Baron Von Ottomatic at June 27, 2012 05:57 PM (tpGic)

35 All this talk about leaking is making me wish I hadn't chugged that 2 liter bottle of 7-Up earlier.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 05:58 PM (CA2NO)

36 ace, ace, ace, however to you expect to have your own network cable news show if you do stuff like show intellectual integrity and actually consider the entire context of comments. For shame, for shame.

Posted by: alexthechick - SMOD 2012 at June 27, 2012 05:58 PM (Gk3SS)

37 You know when you get down to that sweet button of dough in the middle of a cinnamon roll?

Don't drop the button of dough.

Posted by: rdbrewer at June 27, 2012 05:58 PM (Iyg03)

38 The ONT is not gonna be fun...at all.

Posted by: Joffen, fucking sunshine patriot at June 27, 2012 05:58 PM (caAEA)

39 In high school, one or two girls complained about my premature speculation.

Posted by: The Q at June 27, 2012 05:58 PM (B/yDO)

40 WHY THE LITTLE HAND HASN'T MOVED YET OMG. Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 09:57 PM (CA2NO) Oh, man. Go watch a movie or something.

Posted by: eman at June 27, 2012 05:58 PM (ejmiE)

41 what's that from? I want to say, "is that from me?" because i know I've said it... I just don't know if I said it first.

Posted by: ace at June 27, 2012 09:53 PM (aw5Tx)

I heard it first from my ex wife.

Posted by: robtr at June 27, 2012 05:59 PM (MtwBb)

42 36: He'll NEVER make it onto MSNBC at this rate. *clucks tongue*

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 05:59 PM (CA2NO)

43 @28 Can't wait to fall into the "Romney wins" trap in November. Obviously setting up the 2032 Democratic victory that was planned all along.

Posted by: JDTAY at June 27, 2012 05:59 PM (a0nis)

44 Professionals just say "We didn't have time to run the full clip." :-)

Posted by: Ken at June 27, 2012 05:59 PM (fFh95)

45 In high school, one or two girls complained about my premature speculation.
***
Me too! Oh, wait, you said girls

Posted by: Barack Obama at June 27, 2012 05:59 PM (AUeaU)

46 Now I finally know how to keep a moron in suspense. (Noone would tell me.)

Posted by: sandy burger at June 27, 2012 05:59 PM (lA8yt)

47 In high school, one or two girls complained about my premature speculation.

I take it that you speculated in their mouth's?

Posted by: John P. Squibob at June 27, 2012 06:00 PM (kqqGm)

48 I break a tie.

Posted by: Joe Biden at June 27, 2012 06:00 PM (ejmiE)

49 Oh, man. Go watch a movie or something. Posted by: eman at June 27, 2012 09:58 PM (ejmiE) I'm debating "Boondock Saints" I & II, or a nightlong marathon of Katamari Damacy. Because there's nothing like facing the potential doom of the Republic on no sleep and blood that's 3/4 caffeine and 1/4 sugar.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 06:00 PM (CA2NO)

50 As I said, the ACA will be upheld in its entirety.

(Please let me be wrong....)

Posted by: Jeff B. at June 27, 2012 06:00 PM (ogWsV)

51 The anti-injunction act only matters if the individual mandate is a tax.

Posted by: Islamic Rage Boy at June 27, 2012 06:01 PM (e8kgV)

52 Sweet, sweet polls.

Posted by: CAC at June 27, 2012 09:50 PM (YRCSO)

Annnnd I fell off the couch again.

Posted by: alexthechick - SMOD 2012 at June 27, 2012 06:01 PM (Gk3SS)

53 44 @28

Can't wait to fall into the "Romney wins" trap in November. Obviously setting up the 2032 Democratic victory that was planned all along.

We're falling for it! Pull up! Pull up! How stupid can we be!

Posted by: Sean at June 27, 2012 06:01 PM (E0rp6)

54 In Canada they have what's called a 'notwithstanding clause' where if the judicial branch finds a law unconstitutional, the legislature can just say, "fuck it, we're doing it anyway."

Posted by: Joffen, fucking sunshine patriot at June 27, 2012 06:01 PM (caAEA)

55 >>>Well, no. Because the full quote reveals absolutely nothing at all. So what you're saying is context does matter?

Posted by: MikeTheMoose Lite! 98% Anger Free! at June 27, 2012 06:02 PM (GE1+K)

56 Doing my best as a three-handed economist--entire thing survives, because it is a tax, and you have to actually pay tax to challenge. The tax thing I reasoned before. The trouble being that it might run afoul of regs regarding Federal oversight of contractors, which the insurance companies would then be, or procurement. In this case, Barack Obama and the Democrats would have raised taxes on all of the American people, while denying at the time they going to do it. Nice stump speech. And the need for a body other than the Court to check Washington gets all the stronger. On a sidenote, the CBC tomorrow gets to start the journey of finding out how much attention is paid to children who threaten to hold their breath if you don't do what they say. When "everything" is racist, nothing is, and I think enough people are going to clue into that so that these guys start truly marginalizing themselves.

Posted by: A. at June 27, 2012 06:02 PM (JOHZe)

57 Oh and for fuck's sake IT WILL NOT BE LEAKED TONIGHT.

All the parties involved have too much to lose.

Posted by: Jeff B. at June 27, 2012 06:02 PM (ogWsV)

58 Ace of Spades. Way more integrity than NBC!

Posted by: buzzion at June 27, 2012 06:02 PM (GULKT)

59 ... pass it around ...

Posted by: Waterhouse at June 27, 2012 06:03 PM (bstOO)

60 I'm debating "Boondock Saints" I & II, or a nightlong marathon of Katamari Damacy.

I think you should get a completely and entirely and perfectly legal copy of The Raid Redemption and watch that.

Also you'll appreciate this, I saw the best bumpersticker the other day: Amine. Drugs would be cheaper. It's funny because it's true!

Posted by: alexthechick - SMOD 2012 at June 27, 2012 06:03 PM (Gk3SS)

61 60 ... pass it around ...

Make mine vodka

Posted by: the pink cracker formerly known as the hobbit Donna at June 27, 2012 06:03 PM (ZHge+)

62 Amine. Drugs would be cheaper. lol! SO TRUE. So very very true.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 06:04 PM (CA2NO)

63 Oh and for fuck's sake IT WILL NOT BE LEAKED TONIGHT.

All the parties involved have too much to lose.

You mean Kagan won't let it slip tonight at a bar so she can get "lucky"?

Posted by: John P. Squibob at June 27, 2012 06:04 PM (kqqGm)

64 I'm gonna grab a beer. You guys want anything?

Posted by: Joffen, fucking sunshine patriot at June 27, 2012 06:04 PM (caAEA)

65 It was hard to masturbate to your faulty premise, but I did.

Posted by: Flex Crush at June 27, 2012 06:05 PM (rn2Ru)

what's that from? I want to say, "is that from me?" because i know I've said it... I just don't know if I said it first. <<<<

Honestly, I don't know. I don't think it's from anything - I'm usually good at remembering. Like "powdered douchestocking." That's from here. Also, "urban bikefag."

Posted by: Empire of Jeff at June 27, 2012 06:05 PM (JDIKC)

67 I started to say in the comments, "Doesn't anyone else realize how incredibly important this quote is?" Well, no. Because the full quote reveals absolutely nothing at all. My answer would have been NO, I still don't trust the bitch.

Posted by: Jean at June 27, 2012 06:05 PM (WkuV6)

68 47 "I take it that you speculated in their mouth's"

Before we started, I said I wouldn't.

I lied.

Posted by: The Q at June 27, 2012 06:05 PM (B/yDO)

69
35 All this talk about leaking is making me wish I hadn't chugged that 2 liter bottle of 7-Up earlier.

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 09:58 PM (CA2NO)

I just chugged a bottle of magnesium citrate.

I'll let you know how it comes out.

Posted by: The Thinker-Sitting atop the Throne at June 27, 2012 06:05 PM (7+pP9)

70 No need for beer, I'm rocking the vodka & soda.

Man...if there wasn't a social taboo against drinking at 10:00AM....

Posted by: Jeff B. at June 27, 2012 06:05 PM (ogWsV)

71 Posted by: the pink cracker formerly known as the hobbit Donna

Thanks for screwing that up there donna downer.

Well it could be 99 bottles of vodka on the wall..

Posted by: the pink cracker formerly known as the hobbit Donna at June 27, 2012 06:05 PM (ZHge+)

72 I just read the sidebar article "How Orrin Hatch Forced Microsoft to Play K Street Games". If you blood is not already sufficiently boiling, you need to read that in its entirety. It's straight-up fascism. No link, since it's already linked in the sidebar.

Posted by: rickl at June 27, 2012 06:05 PM (sdi6R)

73 >>>Also, you will all die cold and alone in the dark. With a bottle of scotch?

Posted by: MikeTheMoose Lite! 98% Anger Free! at June 27, 2012 06:05 PM (GE1+K)

74 ...98 bottles of beer on the wall.

Posted by: John P. Squibob at June 27, 2012 06:05 PM (kqqGm)

Way more integrity than NBC!

That guy who says he needs $10 for gas so he can get home has more integrity than NBC.

Posted by: fluffy at June 27, 2012 06:06 PM (O6q63)

76 Sticking with 6-3 to void the mandate, 5-4 to overturn the whole piece of shite.

Posted by: tobi wan kenobi at June 27, 2012 06:07 PM (QupBk)

77 ONT up. I already called first so DON"T FUCKING BOTHER. This night belongs to ME!!!!

Posted by: Joffen, fucking sunshine patriot at June 27, 2012 06:07 PM (caAEA)

78 @23 A prog leftist dimbulb reading ace's last few posts would be trying to figure out the Vizzini all night.

Posted by: 66chevelle at June 27, 2012 06:07 PM (QjSgY)

79 dammit

Posted by: toby928© at June 27, 2012 06:07 PM (QupBk)

80 Okay, 99 bottles of beer on the wall is good, but it eventually ends when you've finished off the last bottle. So let's start something new. This is the song that doesn't end Yes it goes on and on, my friends Some people started singing it Not knowing what it was, And they'll continue singing it forever just because....

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at June 27, 2012 06:07 PM (CA2NO)

81 It's quiet. Too quiet.

Posted by: Jack at June 27, 2012 06:08 PM (wUFaM)

82 Also, you will all die cold and alone in the dark. Unless you die in a fire on a bus.

Posted by: toby928© at June 27, 2012 06:09 PM (QupBk)

83 lol! SO TRUE. So very very true.

I nearly went off the road laughing.

One of the lawyers I used to work with came in my office one day and said "Hey you watch those weird Japanese cartoons right?" Me "Umm anime?" Him "Yeah, my son is starting to watch it, what should I look out for?" I then had the eternal joy of explaining to him that when I said "And be careful about the tentacle porn" I actually meant tentacle porn. That was fun for everyone, let me tell you. That was nearly as fun as explaining to my mom what teabagging meant.

Posted by: alexthechick - SMOD 2012 at June 27, 2012 06:09 PM (Gk3SS)

84 11% of the fate of America is in the hands of Granny Clampett's older sister.

Posted by: nickless at June 27, 2012 06:09 PM (MMC8r)

85 Are we there yet? Are we there yet?

Posted by: GnuBreed, in the back seat at June 27, 2012 06:10 PM (ccXZP)

86 That guy who says he needs $10 for gas so he can get home has more integrity than NBC.

A no-shit story:

Tom Poston and Jerry Orbach were walking through Times Square when they got touched by a panhandler.

He told them, "I'll be honest, I need money for a drink."

Tom reached into his wallet, pulled a twenty out and started to hand it over when he stopped, pulled it back and said, "Hey. How do I know you're not going to use this to buy food?"

Posted by: John P. Squibob at June 27, 2012 06:11 PM (kqqGm)

87 So these supremely arrogant and untouchable Hyper-Class rulers are going to begin to give notice to the quaint notions of a "self-ruling" people. Bah.

Posted by: cm9000 at June 27, 2012 06:13 PM (lzvtR)

88 And everybody moves on the ONT.

Posted by: John P. Squibob at June 27, 2012 06:13 PM (kqqGm)

89 ONT?

Posted by: charlie gibson at June 27, 2012 06:15 PM (QupBk)

90 You know, for all their ultra politeness and self abasement, the Japanese are fucking weird when it comes to sex.

Posted by: Bitter Clinger and all that at June 27, 2012 06:26 PM (CP+yl)

are we going to hold a vigil until the decision comes down?

i have some woodsy candles, or vanilla/ coconut bubble bath.

Posted by: willow at June 27, 2012 06:27 PM (TomZ9)

92 fcol, do i keep arriving to a thread late?!

Posted by: willow at June 27, 2012 06:28 PM (TomZ9)

93 grr ,bastids.

Posted by: willow at June 27, 2012 06:32 PM (TomZ9)

94 Eh, fuck it. I'm going to keep drinking. Showing up to work half in the bag is common practice anyway.

Posted by: IdowhatIwant at June 27, 2012 06:35 PM (a4CUi)

95 By the way, it's Ginsburg, not Ginsberg.

Posted by: Paul at June 27, 2012 06:39 PM (/xBsP)

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

Posted by: steevy at June 27, 2012 06:53 PM (Xb3hu)

97 Hey. The market should be open for at least a half an hour before the SCOTUS hands down it's ruling. Where should I go long ?

Posted by: Islamic Rage Boy at June 27, 2012 07:11 PM (48nJm)

98 That sucks

Posted by: LiveFreeOrDie at June 27, 2012 07:23 PM (bZKG0)

99 Actually she said a lot with her comment about chopping the mandate like a head of broccoli. In his questioning Scalia asked if the commerce clause could be used to make people buy broccoli. By choosing the broccoli metaphor Ginsberg told us that the mandate is gone but not the entire act. Again to Scalia who said it was not the Court's job to redesign the law. That was Congress' job. So there it is. NO MANDATE?PERIOD!!

Posted by: xkaydet65 at June 27, 2012 07:25 PM (nTijT)

100 "Anticipating the health-care decision: In Plain English" http://tinyurl.com/7mj9vmg

This is a link from the scotus blog. I find it very helpful to read all their stuff about this. It makes it clear.

Posted by: morning coffee crew at June 27, 2012 07:40 PM (oZfic)

101 #28 & # 44 Didn't MA pass a law that gives their electorial votes to whoever wins the popular vote?

Posted by: rabidfox at June 27, 2012 07:44 PM (ItKHt)

102 No matter what happens with the Supremes tomorrow, you can expect to see the MSM talking about and interviewing the people who are most affected by health care and make no mistake about it, they'll be sad and depressing stories to tug at your heart. And the talking head will either say "and now they can't have that great healthcare from the ACA because of the evil republicans and mitt romney" or "and now we can be sure that they will always have their great healthcare from the ACA thanks to President Obama". Getting those stories put together and just adding the last remarks has probably consumed them for weeks.

Posted by: morning coffee crew at June 27, 2012 07:47 PM (oZfic)

103 "I'm debating "Boondock Saints" I & II, or a nightlong marathon of Katamari Damacy."

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

I'll save you some time. All three are incoherent piles of suck.

Posted by: Killface at June 27, 2012 08:32 PM (BDd0G)

104 By the way, it's Buzzi-Ginsburg, not Ginsberg. FIFY.

Posted by: nickless at June 28, 2012 03:28 AM (MMC8r)

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