Author Topic: SCOTUS 2012: The Grand Finale  (Read 49306 times)

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Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #40 on: November 11, 2011, 02:55:18 PM »
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I didn't read the rest of the piece -- disgust! -- so, did the author mention Ohio's vote against Obamacare?  I wager not, because they were part of the cheering section prophesying a vote "for" would signify a death-knell for future and continued resistance.

Nope. Ohio wasn't mentioned by the 'author' of this 'piece (of crap)'. The 'author' was leaning heavily upon the judgment of judge Laurence Silberman in DC. Here's is this 'authors' money quote:

Quote
Nonetheless, a rejection of the tea party’s basic constitutional vision by the Supreme Court—especially if a ruling upholding the mandate were joined by conservatives like Scalia and Roberts—would strike a major blow to tea partiers’ ability to have their constitutional theories taken seriously by the American public.

So, it could be the tea partiers’ favorite justices who finally tell them the party’s over.

By that you can tell that this 'author' has an axe to grind against the Tea Party and imo, this 'authors' article here is designed as nothing more than a hit piece intended to use the recent DC decision to demoralize the Tea Party. Frankly I think it's going to have the opposite effect and this 'authors' article is nothing more than their wishful thinking.

“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
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"The more corrupt the state, the more it legislates."
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Online Pandora

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #41 on: November 11, 2011, 03:05:00 PM »
Constitutional "theories", is it?  No "theory" required; it's in black and white and written plainly enough, and on purpose, so that any individual can grasp the contents.  Or, so it was.  More damage done by the enstupidation of the populace.
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Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #42 on: November 11, 2011, 03:16:15 PM »
Yup - this 'piece' is nauseating. But it is also illustrative of how the left thinks (as if we didn't already know) and also, of how scared they are of the Tea Party. The attacks keep coming and they seem to get more and more ludicrous as time goes on. This tells us a lot of the enemy's thought process but even more importantly it illustrates the dire position (from their point of view) that they are currently in. The left threw ALL of their power behind this liberal assault these last few years and if it all goes to 'hell-in-a-hand-basket', which seems very possible, they will have lost a HUGE amount. Good for America...VERY bad for the progressives. In the meantime we have the huge task of trying to defend the country from this onslaught. Make no mistake, this is EVERYTHING the left has that they can bring to bear...if they loose this they risk becoming irrelevant for a generation at the least.
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
- Patrick Henry

"The more corrupt the state, the more it legislates."
- Tacitus

Offline Weisshaupt

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #43 on: November 11, 2011, 04:24:23 PM »
.... will further affirm the signal being sent that the Supreme Court is no more willing to stand for Constitutionalism than the Oppressives, that what matters most of all is upholding precedent.  THIS IS HOW WE GOT HERE!  By Court after Court torturing the Commerce Clause -- CLAUSE -- into meaning anything Congress wants it to mean; by way of isolating a CLAUSE from the rest of the Constitution.

The funny part is the left thinks we will roll over because "Conservatives" in the court say so? No, that is liberals who blindly follow leaders. We think for ourselves no matter what our "betters" say.  But this is how liberals view the court.. that its just a super-congress, a panel of philosopher kings handing out judgement, and "judicial activism" is a meaningless term that simply  means that I didn't like the decisions. You see, the judges "know better" -  try to talk to them about the founders,  Black stone and the process for Legal interpretation and they will tell you that they understand the Constitution better than the Founders did ( this happened, I kid you not.)


Offline michelleo

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #44 on: November 11, 2011, 05:31:54 PM »



From Lenina Close, a presenter at the Denver tea party 2009:
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You see these yellow flags flying around – the Gadsden flags.  They say Don’t tread on me.  It bears the symbol of a rattlesnake.  A rattlesnake never initiates an attack unless provoked, did you know that? But, if she feels threatened she will strike and once engaged she will never give up and she will never surrender.  For this reason, the rattlesnake became a symbol of courage and a mascot for liberty on the Gadsden flag while the phrase don’t tread on me became a  mantra for those fighting for our freedom.  Here’s another interesting fact, the rattlesnake will never wound unless she has generously given notice and warning to those who threaten her.  By rattling, she cautions her enemies of the fatal danger that awaits those who tread on her. I believe it is time to give our govt officials such a warning.  …and to the supreme court to have failed to honor the timeless principle constitution, and to the president who wishes to restrict our freedoms…please consider this your warning…..I may be just a Mom but like the rattlesnake on the Gadgden flag I stand with all of you coiled up and ready to strike.

Lenina starts talking about the Gadsden flag at the 4:10 mark:

Denver Tea Party VII

Offline Libertas

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #45 on: November 13, 2011, 02:53:46 PM »
Sharpen the fangs!  Use them we will!

 ::thumbsup::
We are now where The Founders were when they faced despotism.

Offline IronDioPriest

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"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

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Offline Sectionhand

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #47 on: November 14, 2011, 10:34:50 AM »
Got a POLITICO e-mail about that this morning . Said opening arguements would probably begin in the spring .

Offline Libertas

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #48 on: November 14, 2011, 11:23:18 AM »
Our liberty hinges on just 5 1/2 hours of arguments.

http://www.cnbc.com/id/45287781

What could possibly go wrong?

OK, prediction time!

What will The Supreme's do and how will the electorate react?

I'll go first...

I bet they let all or part stand, these gutless wonders fear the Leftists rioting in the street more than the peaceful Tea Party types who have yet to beat, rape or kill anyone yet in protests thusfar.  And the reaction of the electorate will be swift, but Obama gin's up the hate and fraud is rampant and we're stuck with both he and the evil healthcare law he spawned!

Embrace the horror!
We are now where The Founders were when they faced despotism.

charlesoakwood

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #49 on: November 14, 2011, 12:10:57 PM »

http://www.cnbc.com/id/45287781

The Supreme Court agreed Monday [today] to decide the fate of President Barack Obama's healthcare law,

A Supreme Court spokeswoman said oral arguments would take place in March. There will be a total of 5-1/2 hours of arguments.

Online Pandora

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #50 on: November 14, 2011, 02:52:31 PM »
From the abbreviated length of time allotted for arguments, I suspect they've already made up their minds.

ETA:  The above shows how little I know about such things.  I just listened to Mark Levin's opening monologue during which he explained that in today's "modern court", 5 1/2 hours is a long time allotted for arguments, and he read from this piece:

http://www.nationalreview.com/bench-memos/283100/obamacare-marathon-set-supreme-court-carrie-severino

It's a good breakdown of what is going to be argued.
« Last Edit: November 14, 2011, 05:51:01 PM by Pandora »
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

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Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #51 on: November 14, 2011, 10:15:30 PM »
It's my understanding that the supreme court have asked both sides of the issue to explain three different areas of the case. Those being: severability, the individual mandate and jurisdiction.

I think it's plausible to consider that the supreme court may well rule only on the jurisdiction aspect of the case and throw out Obamacare just based on that and not rule of the rest of the law. Thereby effectively punting the rest downstream in the hopes that the next congress acts to either complete the whole mess or repeal it and effectively negating the need for the supreme court to actually make a decision.

I can also see them upholding it altogether and letting it pass because the supreme court has a history of not undoing things like this (big pieces of legislation) and of not interfering with the workings of the other branches of government. And also because, even though this monstrosity was forced through by 'hook and by crook', it still passes the test of having been passed in both houses of congress and signed by the president.

I suspect one of the two scenarios I've outlined is most likely to happen actually.

So what happens if they punt (option 1)? Obama may or may not get re-elected...likely not.

What happens under option 2? The conservative base gets whipped into a frenzy while the liberal base relaxes on their laurels and Obama is most likely not re-elected and then he doesn't get to seat any new judges to the supreme court.

What happens if the supreme court overturns it? The liberal base gets whipped into a frenzy while the conservative base relaxes on their laurels and Obama is most likely re-elected and then he gets to seat some new liberal judges to the supreme court.

Those are my musings anyway, for what they're worth.

“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
- Patrick Henry

"The more corrupt the state, the more it legislates."
- Tacitus

Offline Libertas

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #52 on: November 15, 2011, 06:56:51 AM »
5 1/2 hours may be a lot of time allowed for argument in modern times, but I still feel queasy about it, but I suppose it stems from my queasiness from even having it before the court...the fate of our constitution hanging in the balance!

And this!

No indication that Justice Kagan plans to recuse herself from the case, despite her involvement with the case and the law (which she called “simply amazing“) as Solicitor General.  

Enrages me to no end!  Roberts must step in and demand she remove herself from this case!  A blind man can see how tainted she is on this issue!!!

 ::gaah::

ETA - Link on her comments -

http://www.cnsnews.com/news/article/kagan-tribe-day-obamacare-passed-i-hear-they-have-votes-larry-simply-amazing

Effing POS!
« Last Edit: November 15, 2011, 07:00:09 AM by Libertas »
We are now where The Founders were when they faced despotism.

Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #53 on: November 15, 2011, 07:03:03 PM »
http://hotair.com/archives/2011/11/15/the-recusal-red-herrings/

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In other words, no justice on this court will recuse themselves — and everyone knows it.  The arguments taking place against Kagan and Thomas are interesting, but they only serve to shape the rhetorical battlefield for whatever decision comes down from the Supreme Court next summer.  Both sides are preparing for some delegitimization ahead of the decision in order to fire up the base for the 2012 election, and for any efforts needed to repeal ObamaCare in case the court leaves it in place.

However, some Democrats seem to think that’s not likely, even if Kagan doesn’t recuse herself:
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    Democrats on Capitol Hill are worried that the Supreme Court will rule against President Obama’s healthcare reform law.

    Over the last couple weeks, congressional Democrats have told The Hill that the law faces danger in the hands of the Supreme Court, which The New York Times editorial page recently labeled the most conservative high court since the 1950s.

    While the lawmakers are not second-guessing the administration’s legal strategy, some are clearly bracing for defeat.

    “Of course I’m concerned,” said Sen. Sherrod Brown (D-Ohio). The justices “decide for insurance companies, they decide for oil companies, they decide for the wealthy too often.”
Quote
This is just another form of delegitimization, of course, but they’re worried nonetheless.  If the court tosses out ObamaCare, in whole or in part, it will put egg on the face of every Democrat that spent all of their political capital following Obama into the abyss.  That will delegitimize Democrats far more than the Supreme Court, and that would come right before the 2012 elections that they’re already fearing.
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
- Patrick Henry

"The more corrupt the state, the more it legislates."
- Tacitus

Online Pandora

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #54 on: November 15, 2011, 08:35:08 PM »
Whoa, whoa, whoa!  "The arguments against Kagan AND THOMAS"?!  There is NO legitimate argument "against Thomas".
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

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Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #55 on: November 15, 2011, 08:53:36 PM »
Quite right Pan...quite right. The author seems to fall right into the leftist line of thinking though just the same. Regardless, it was still an interesting take on the nervousness of the dems on this. I still think the supreme court's going to punt it though and hope the congress deals with it. Guess we'll see.
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
- Patrick Henry

"The more corrupt the state, the more it legislates."
- Tacitus

Offline Libertas

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #56 on: November 16, 2011, 07:48:17 AM »
Whoa, whoa, whoa!  "The arguments against Kagan AND THOMAS"?!  There is NO legitimate argument "against Thomas".

Damn straight!  There is no comparison between a justice whose wife was a lobbyist and a justice who was Solicitor General in the Regime that pushed for this atrocity and spoke in support of it!  NONE!  ZERO!!  NADA!!!  ZILCH!!!

These damned Repub's better counter with this argument hard and fast so Roberts doesn't lose spine and demand Kagan step aside!!!!

 ::angry::
We are now where The Founders were when they faced despotism.

Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #57 on: November 16, 2011, 11:39:19 AM »
http://online.wsj.com/article/SB10001424052970203687504577006322431330662.html?mod=rss_opinion_main

Quote
Even if ObamaCare survives Supreme Court scrutiny next spring, its trials will be far from over. That's because the law has a major glitch that threatens its basic functioning. It's so problematic, in fact, that the Obama administration is now brazenly trying to rewrite the law without involving Congress.

The Patient Protection and Affordable Care Act offers "premium assistance"—tax credits and subsidies—to households purchasing coverage through new health-insurance exchanges. This assistance was designed to hide a portion of the law's cost to individuals by reducing the premium hikes that individuals will face after ObamaCare goes into effect in 2014. (If consumers face the law's full cost, support for repeal will grow.)

The law encourages states to create health-insurance exchanges, but it permits Washington to create them if states decline. So far, only 17 states have passed legislation to create an exchange.

This is where the glitch comes in: ObamaCare authorizes premium assistance in state-run exchanges (Section 1311) but not federal ones (Section 1321). In other words, states that refuse to create an exchange can block much of ObamaCare's spending and practically force Congress to reopen the law for revisions.
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
- Patrick Henry

"The more corrupt the state, the more it legislates."
- Tacitus

Online Pandora

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #58 on: November 16, 2011, 12:01:24 PM »
A feature, not a bug, as far as I'm concerned.

Pelosi/Reid et. al. thought they were soooo smart -- 'we have to pass the bill so you'll know what's in it'; have more ignominious and despicable words been spoken in current times?! -- and now they, and Duh Wun, are finding out how true that was.  The joke's on them.

According to the same process, the fix now is to wave the wand of bureaucracy and all manner o' things will be well?

Lawless, treasonous, dictatorial bastids.
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Offline BMG

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Re: Obama Regime Skipping 11th, Wants to Take ObamaCare Case to Supreme's
« Reply #59 on: November 16, 2011, 02:12:31 PM »
http://hotair.com/archives/2011/11/16/obama-admin-attempting-another-congressional-end-around-on-obamacare-defect/

Quote
Under ObamaCare, the IRS becomes the arbiter of health-insurance acceptability.  Now Barack Obama needs the IRS to rescue ObamaCare entirely, thanks to a massive legislative defect that the President has no hope of rectifying in the new Congress.  Thanks to sloppy legislative work, the PPACA’s subsidies to taxpayers won’t apply in states that refuse to create exchanges — which means that the states have a clear mechanism to block ObamaCare’s implementation.

That is, unless the IRS just bypasses Congress and corrects the law.
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” 
- Patrick Henry

"The more corrupt the state, the more it legislates."
- Tacitus