Thursday, June 28, 2012

- Belly Dancers at the Supreme Court

spiral-clock

I am following a live blog of the action at the Court - we have been told there are "loud music, belly dancers, probably about 50 protesters for either side," lots of folks taking pictures of things and zillions of reporters. 

All think that Obamacare will be the last opinion of the morning.  So I will post a quick blurb about what the first report of the decision is, along with my reaction.  I will get a copy of the opinion and dissect it in a later post.  The Justices will take the bench at 10:00.

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10:09 - The individual mandate survives as a tax ...  Chief Justice Roberts joins the left of the Court...

10:12 - I am feeling unwell.

10:26 - The Court upheld the mandate 5-4.  At least I was right about Kennedy ...

10:28 - The Court holds that the mandate violates the Commerce Clause ...

I am regaining some composure now ...

10:29 - In opening his statement in dissent, Kennedy says: "In our view, the entire Act before us is invalid in its entirety."

25 comments:

Anonymous said...

???

ikaika said...

The markets are confused by this.

We're seeing mixed reports that essentially the Mandate is upheld as a Tax but not a Penalty?

Chess said...

Roberts???? Did he get into Pelosi's meds??

Tom said...

Well the whole "Republic" thing was fun while it lasted huh guys?

frithguild said...

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.

ikaika said...

Doom

frithguild said...

Of all the politicians out there stupid enough to telegraph a leak from the Supreme Court it was Pelosi - that is what worried me. So not only do we have an opinion that turns the republic on its ear, my Supreme Court has sunk to the depths of the rest of the federal government.

ikaika said...

Repeal... unlikely

:sigh:

Tom said...

Well legal or not, this is still an unpopular law, so there will be political consequences.

chess said...

Roberts needs an MRI..He has a tumor......
Mitt.....turn out the lights when you leave

Hell_Is_Like_Newark said...

Social Security was upheld in court by the govt. arguing it is in fact a tax, and not a 'contribution'.

So I can see the mandate surviving.

Hell_Is_Like_Newark said...

Well Mitt The-human-wind-sock Romney now has his work cut out for him.

I have no confidence in him to use the bully pulpit to get rid of this unctuous law.

chess said...

Yep....Itl survive....

Frith you are correct bout leaks....

Tom it is a shit law but he will put on his Superman cape and say he has saved healthcare for 40 mil Americans... This country is toast.. To everyone on this board I would recommend finding a surgeon and internist and pay a retainer fee to them.. This will mean a much poorer quality of care going forward..MUCH!!!

Chess said...

Frith your update means what???

Tom said...

In reaction to the news, the markets are selling off in earnest now. A government which is not constrained in it's acts bodes very poorly for business and the economy.

chess said...

Tom.....You are exactly right...They are waking up to the idea that they have BHO for four more and theyl do nothing for those four.

.We are toast.. Sell in May 2012 and go away........Forever.

frithguild said...

chess:

I posted Kennedy says: "In our view, the entire Act before us is invalid in its entirety."

This is his disagreement with what the majority held. I was validating myself because I came out so strongly that Kennedy would not find substantiation for the mandate in the commerce clause.

My error was taking Roberts for granted.

Chess said...

Frith thanx....Roberts???? Does he now wear all total body kevlar robe???....

Blegoo said...

My $0.02:
Since it's a "tax"... not an "mandate" it would be easier to repeal.
All kind of taxes are dropped, every now and then.

Really, it's better that I expected. The whole mess is getting bigger and will be a shinning example of president's legacy - whatever that would be.
A huge mess.

ikaika said...

Have to check the Mayan Doomsday Calendar:
June 28th 2012.

Chess said...

They had several different ones. Between carving the beating heart out of some virgins chest one of the priests probobly read a month wrong...
By the way your open heart surgery going forward will resemble the Mayans open heart..Very cheap...

ikaika said...

Dr. Kulkulkhan

or Dr Howard, Dr Fine, Dr Howard

woobwoobwoobwoob

Chess said...

The Stooges were visionaries...

That sums up how far we have sunk.

Luke said...

These have been trying times, but we have passed the test. But, I assure you, my resolve has never been stronger! In order to ensure our security and continuing stability, the Republic will be reorganized into the First Galactic Empire...for a safe and secure society!

frithguild said...

the Republic will be reorganized into the First Galactic Empire

It's a trap!