"Having lost the argument, what to do? Bully. The New York Times loftily warned the Supreme Court that it would forfeit its legitimacy if it ruled against Obamacare, because with the 'five Republican-appointed justices supporting the challenge led by 26 Republican governors, the court will mark itself as driven by politics.'”
"Really? The administration’s case for the constitutionality of Obamacare was so thoroughly demolished in oral argument that one liberal observer called it 'a train wreck.' It is perfectly natural, therefore, that a majority of the Court should side with the argument that had so clearly prevailed on its merits. That’s not partisanship. That’s logic. Partisanship is four Democrat-appointed justices giving lockstep support to a law passed by a Democratic Congress and a Democratic president — after the case for its constitutionality had been reduced to rubble."
Krauthammer: Obama v. SCOTUS
Justice of the Supreme Court will Cast Initial Votes on ObamaCare Today
According to press reports, the Justices of the Supreme Court will cast their preliminary votes today on the outcome of the ObamaCare litigation. The conference will help determine who will be assigned the responsibility of writing the majority and minority opinions.
For more on the conference process, read here.
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Sowell on the Supreme Court Precedent that Could Decide the ObamaCare Case
Listen to the Supreme Court Hearing on ObamaCare
Sebelius Throws DOJ Under the Bus
Senator Sessions Makes the Case for Kagan Recusal in ObamaCare Suit
"Recusal due to previous participation in a case is not an admission of wrongdoing, but rather an expected consequence when a government lawyer accedes to the bench. Indeed, Justice Thurgood Marshall — the last solicitor general to become a justice, and the justice for whom Kagan clerked — recused himself from 98 of the 171 cases decided by the Court in his first year, and most of them were cases in which the federal government was a party."
Krauthammer Explains ObamaCare vs. The Constitution
First, its assault on the free exercise of religion. Only churches themselves are left alone. Beyond the churchyard gate, religious autonomy disappears. Every other religious institution must bow to the state because, by this administration's regulatory definition, church schools, hospitals and charities are not "religious," and thus have no right to the free exercise of religion -- no protection from being forced into doctrinal violations commanded by the state.
Second, its assault on free enterprise. To solve his own political problem, the president presumes to order a private company to enter into a contract for the provision of certain services -- all of which are free. And yet, this breathtaking arrogation of power is simply the logical extension of Washington's takeover of the private system of medical care -- a system Obama farcically pretends to be maintaining.
Under ObamaCare, the state treats private insurers the way it does government-regulated monopolies and utilities. It determines everything of importance. Insurers, by definition, set premiums according to risk. Not anymore. The risk ratios (for age, gender, smoking, etc.) are decreed by Washington. This is nationalization in all but name. The insurer is turned into a middleman, subject to state control -- and presidential whim.
Third, the assault on individual autonomy. Every citizen without insurance is ordered to buy it, again under penalty of law. This so-called individual mandate is now before the Supreme Court -- because never before has the already inflated Commerce Clause been used to compel a citizen to enter into a private contract with a private company by mere fact of his existence.
This constitutional trifecta -- the state invading the autonomy of religious institutions, private companies and the individual citizen -- should not surprise. It is what happens when the state takes over one-sixth of the economy.
Supremes Agree to Hear More Arguments about ObamaCare
Another Amicus Brief from Free Market HealthCare Advocates
Senate Republicans Weigh in and File Amicus Brief in ObamaCare Lawsuit
- “Put simply, Congress acted without constitutional authority in enacting the Individual Mandate of the PPACA. In so doing, it has damaged Congress’ institutional legitimacy and has triggered severe conflicts between state and federal governments that the Constitution was carefully designed to avert.”
- “Because the Individual Mandate regulates a simple decision or choice not to purchase a particular product, it exceeds the proper scope of the Commerce Clause.”
The amicus brief was signed by:Sen. Mitch McConnell (R-KY), Sen. Orrin Hatch (R-UT), Sen. Lamar Alexander (R-TN), Sen. Kelly Ayotte (R-NH), Sen. John Barrasso (R-WY), Sen. Roy Blunt (R-MO), Sen. John Boozman (R-AR), Sen. Richard Burr (R-NC), Sen. Saxby Chambliss (R-GA), Sen. Daniel Coats (R-IN), Sen. Tom Coburn (R-OK), Sen. Thad Cochran (R-MS), Sen. Susan Collins (R-ME), Sen. Bob Corker (R-TN), Sen. John Cornyn (R-TX), Sen. Mike Crapo (R-ID), Sen. Jim DeMint (R-SC), Sen. Michael Enzi (R-WY), Sen. Chuck Grassley (R-IA), Sen. Dean Heller (R-NV), Sen. John Hoeven (R-ND), Sen. Kay Bailey Hutchison (R-TX), Sen. James Inhofe (R-OK), Sen. Johnny Isakson (R-GA), Sen. Mike Johanns (R-NE), Sen. Ron Johnson (R-WI), Sen. Jon Kyl (R-AZ), Sen. Mike Lee (R-UT), Sen. Richard Lugar (R-IN), Sen. John McCain (R-AZ), Sen. Jerry Moran (R-KS), Sen. Lisa Murkowski (R-AK), Sen. Rand Paul (R-KY), Sen. Rob Portman (R-OH), Sen. James Risch (R-ID), Sen. Pat Roberts (R-KS), Sen. Marco Rubio (R-FL), Sen. Richard Shelby (R-AL), Sen. Olympia Snowe (R-ME), Sen. John Thune (R-SD), Sen. Pat Toomey (R-PA), Sen. David Vitter (R-LA), Sen. Roger Wicker (R-MS).
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