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Thread: Supreme Court health care arguments under way

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    Re: Supreme Court health care arguments under way

    Just adding my input here.

    I listened to and read the entire day 2 and 3 oral arguments and I think the SC ruling the mandate unconstitutional is basically a forgone conclusion. To me it is very clear Kennedy and Roberts want no part of it. Kennedy also seems to lean in the direction of throwing out the entire law. But, I think the odds of that happening are a bit lower.

    The ultimate irony would be if the SC tosses this on a party line vote just like the Dems passed it on a party line vote.

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    Re: Supreme Court health care arguments under way

    I would not be surprised if the mandate is found unconstitutional on more like a 7-2 vote. Tossing out the entire act may be closer.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by ZIRP4EVA View Post
    Just adding my input here.

    I listened to and read the entire day 2 and 3 oral arguments and I think the SC ruling the mandate unconstitutional is basically a forgone conclusion. To me it is very clear Kennedy and Roberts want no part of it. Kennedy also seems to lean in the direction of throwing out the entire law. But, I think the odds of that happening are a bit lower.

    The ultimate irony would be if the SC tosses this on a party line vote just like the Dems passed it on a party line vote.
    Well said, and it does look like the direction it is headed.

    The ultimate insult would be if one of the liberal judges flipped. There were obviously times were a couple of them clearly had doubts of the constitutionality of the mandate. So if one were to flip it would take way from the left's ability to say it was party line or activism.
    "nah i think the way cons want to turn this into a political issue is funny though" - Philly Boss

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Harshaw View Post
    Well, for one, no I don't think you did at all; you meant it earnestly [blah blah blah]
    Whatever, dude. As usual you know what I meant better than I do, so I'll have to defer to your superior knowledge of my thoughts.
    "The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. ... It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion."

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Arbo View Post
    You know, liberals are so damn predictable it's amazing.
    And that wasn't at all predictable, coming from a right-wing partisan. :lol
    "The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. ... It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion."

    -- Adam Smith

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Harshaw View Post
    I would not be surprised if the mandate is found unconstitutional on more like a 7-2 vote. Tossing out the entire act may be closer.
    Maybe. There were a couple points here and there when listening where I thought maybe all four of the lib judges would rule it unconstitutional. Breyer and Kagan (for obvious reasons) I would say are total locks though.

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by AdamT View Post
    Whatever, dude. As usual you know what I meant better than I do, so I'll have to defer to your superior knowledge of my thoughts.


    Are we on record, then, that according to you, finding the mandate unconstitutional would NOT be "judicial activism"?
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by ZIRP4EVA View Post
    Maybe. There were a couple points here and there when listening where I thought maybe all four of the lib judges would rule it unconstitutional. Breyer and Kagan (for obvious reasons) I would say are total locks though.
    A 9-0 ruling would be stunning. I mean, that's how it SHOULD go, but I see a few of them (like Ginsburg) who would dissent just to dissent if the outcome were not in doubt.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by AdamT View Post
    And that wasn't at all predictable, coming from a right-wing partisan. :lol
    Right wing partisans support abortion, gay marriage, legalization of drugs? Wow, that's amazing to know.
    "nah i think the way cons want to turn this into a political issue is funny though" - Philly Boss

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Harshaw View Post
    A 9-0 ruling would be stunning. I mean, that's how it SHOULD go, but I see a few of them (like Ginsburg) who would dissent just to dissent if the outcome were not in doubt.
    Ginsburg seemed to have issues with the tax vs penalty argument. Not sure if thats enough to get her to rule the mandate unconstitutional though. I can envision a scenario where she votes no and then retires so that Obama can replace her before the election.

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