Jump to content

Follow the SCOTUS Ruling Live


Valin

Recommended Posts

follow-the-scotus-ruling-liveTAS: Kyle Peterson

6.28.12

 

I'm stationed in the Supreme Court pressroom. Access to the courtroom is extremely limited, and no electronic devices are allowed inside, so word of this morning's decisions will come in dribs and drabs.

 

SCOTUSblog and NRO are both running real-time discussions to relay results and reactions. Spectator alumnus Phil Klein is across the room doing finger stretches to loosen up his tweeting fingers. The opinions will be posted on the Supreme Court's website.

Link to comment
Share on other sites

Final Thoughts on the Eve of the Individual Mandate Decision

Ilya Somin

June 27, 2012

 

Over the last year, I have written an academic article, several amicus briefs, and countless blog posts and op eds about the individual mandate case. Whether I said anything useful or not is for others to judge. But, as a constitutional federalism scholar and one who had long argued for the need to enforce constraints on the scope of federal power, I felt I could not simply sit out what will surely be one of the most important federalism cases of my lifetime.

 

If the Court ends up striking down the mandate (which I continue to believe is a 50-50 proposition), it will be because the federal government failed to come up with a good explanation of how the law can be upheld without giving Congress nearly unlimited power to impose other mandates. Although both sides in the litigation have come up with numerous interesting points, I continue to think that this is the central issue, and the biggest flaw in the federal government’s position.

 

(Snip)

Link to comment
Share on other sites

pollyannaish

Drudge reports that it stands, with Roberts crossing over. I can't find anything else yet. Is that accurate?

Link to comment
Share on other sites

Well, crap.

 

The future just got a little dimmer.

 

I disagree, if this abomination is not repealed your future is a lot dimmer.

 

OTHO I am of the opinion that it is doomed to fail. What this is a last gasp of the Blue Social Model.

Link to comment
Share on other sites

@Valin

@Pollayannaish

 

Perhaps it will rally the common sense voters to vote the rascal(s) out in November.

 

Listening to C-Span and what so many callers, I don't hold out much hope. The Left is in love with the mommy government.

Link to comment
Share on other sites

pollyannaish

Well, crap.

 

The future just got a little dimmer.

 

I disagree, if this abomination is not repealed your future is a lot dimmer.

 

OTHO I am of the opinion that it is doomed to fail. What this is a last gasp of the Blue Social Model.

 

What are your odds on repeal?

 

I'm just not optimistic. If the president himself could do it, I'd say pretty good honestly. But its congress...and if you look at the polling numbers on this and the make up of the states I just don't see us getting a large enough majority to repeal any time soon.

 

I hate to say this, because I'm normally not quite so pessimistic, but I just don't see a path to repeal in the next four to six years. Once that window has passed, it will be tinkering.

 

I really believe that SCOTUS was our last resort.

Link to comment
Share on other sites

pollyannaish

@Valin

@Pollayannaish

 

Perhaps it will rally the common sense voters to vote the rascal(s) out in November.

 

Maybe. I'm praying.

Link to comment
Share on other sites

@pollyannaish

 

This is where we come into the picture, work to see the GOP wins the Presidency, the House & the Senate....then hold their feet to the fire. That we a serious when we say this has to go.

Link to comment
Share on other sites

pollyannaish

@pollyannaish

 

This is where we come into the picture, work to see the GOP wins the Presidency, the House & the Senate....then hold their feet to the fire. That we a serious when we say this has to go.

 

I will do what I can. It just got harder.

Link to comment
Share on other sites

Ricochet comments

 

 

 

 

 

The King Prawn: From the opinion, and why I think Roberts less an ass than I did a few minutes ago:

 

we [the court] possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

 

 

das_motorhead

I agree with that statement by Roberts. But the point here was not if the judiciary should leave specifics to the legislative branch (it should), but if, broadly, the principles behind those specifics are compatible with the constitution. Hence the broccoli argument that keeps coming up. Maybe there's more to what he's saying, but it sounds to me like something of a copout. · 2 minutes ago

 

Edited 1 minute ago

 

Valin

If it is not the job of The Court to stop the other two branches from doing stupid things like this...what is their job?

 

Link to comment
Share on other sites

saveliberty

11:45AM – WATCH LIVE Romney response to SCOTUS ruling upholding Obamacare

 

Posted by therightscoop.jpg The Right Scoop on June 28th, 2012 in Politics | 1 Comment

This should happen around 11:45 AM ET. I will be posting the full response when this is over for those who missed it:

 

http://www.therightscoop.com/1145am-watch-live-romney-response-to-scotus-ruling-upholding-romneycare/

Link to comment
Share on other sites

saveliberty

Obama imposes huge tax on the American middle class.

 

Scissors-32x32.png

That's the story, right? That's the spin for Romney. What's the spin for Obama?

 

UPDATE: Drudge points to Obama's assertion, back in September 2009 that the mandate is not a tax.

STEPHANOPOULOS:
t's still a tax increase.

 

OBAMA: No. That's not true, George. The — for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase. What it's saying is, is that we're not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance.
Nobody considers that a tax increase.
People say to themselves, that is a fair way to make sure that if you hit my car, that I'm not covering all the costs.

**********

H/T

Link to comment
Share on other sites

saveliberty

Instapundit clip: Read the whole, oh, you know the rest..

Scissors-32x32.png

INDIVIDUAL MANDATE HELD UNCONSTITUTIONAL UNDER COMMERCE POWER, but Scotusblog says it survives as a tax. “It’s very complicated, so we’re still figuring it out.”

 

I feel sorry for the folks on TV trying to read this opinion and talk at the same time.

 

UPDATE: From ScotusBlog: “The bottom line: the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.” Plus: “The money quote from the section on the mandate: ‘Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.’”

So it was upheld on a basis — the taxing power — that the Administration didn’t advance. In fact, Obama denied that it was a tax. This just supports what Mike Graetz told me in Tax class years ago: “The constitution stops where the Internal Revenue Code begins.”

Link to comment
Share on other sites

Obama imposes huge tax on the American middle class.

 

Scissors-32x32.png

That's the story, right? That's the spin for Romney. What's the spin for Obama?

 

UPDATE: Drudge points to Obama's assertion, back in September 2009 that the mandate is not a tax.

STEPHANOPOULOS:
t's still a tax increase.

 

OBAMA: No. That's not true, George. The — for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase. What it's saying is, is that we're not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance.
Nobody considers that a tax increase.
People say to themselves, that is a fair way to make sure that if you hit my car, that I'm not covering all the costs.

**********

H/T

 

He's evolved...once again!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • 1715507662
×
×
  • Create New...