Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

sadbear

(4,340 posts)
Wed Mar 28, 2012, 10:08 PM Mar 2012

LA Times: "Justices poised to strike down entire healthcare law"

The Supreme Court's conservative justices said Wednesday they are prepared to strike down President Obama’s healthcare law entirely.

Picking up where they left off Tuesday, the conservatives said they thought a decision striking down the law's controversial individual mandate to purchase health insurance means the whole statute should fall with it.

The court’s conservatives sounded as though they had determined for themselves that the 2,700-page measure must be declared unconstitutional.

"One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia.

http://www.latimes.com/news/politics/la-pn-justices-poised-to-strike-down-entire-healthcare-law-20120328,0,2058481.story

I haven't seen it reported so extreme. Granted, this is from this morning, before today's session.

9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
LA Times: "Justices poised to strike down entire healthcare law" (Original Post) sadbear Mar 2012 OP
We'll see. MichiganVote Mar 2012 #1
are they the official rag of clairvoyants? spanone Mar 2012 #2
If it happens, it might be time for a million person march socialist_n_TN Mar 2012 #3
+1 Poll_Blind Mar 2012 #5
We SO need this. kenny blankenship Mar 2012 #6
That's just the LA Times strokin it in public kenny blankenship Mar 2012 #4
Do they do this all the time? sadbear Mar 2012 #8
I don't know about how often they abuse themselves in public kenny blankenship Mar 2012 #9
"One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia. lovemydog Mar 2012 #7

kenny blankenship

(15,689 posts)
4. That's just the LA Times strokin it in public
Wed Mar 28, 2012, 10:16 PM
Mar 2012

They don't know. That's a major oversimplification and reduction of comments made by one or two Justices.

sadbear

(4,340 posts)
8. Do they do this all the time?
Wed Mar 28, 2012, 10:24 PM
Mar 2012

It did sound a bit presumptuous, considering practically NO ONE ELSE is reporting the same.

kenny blankenship

(15,689 posts)
9. I don't know about how often they abuse themselves in public
Wed Mar 28, 2012, 10:45 PM
Mar 2012

but I saw a couple of comments from Justices today- from Scalia of course announcing that he wants the whole thing thrown out along with the individual mandate. Loosely quoting here: "my approach is, if you've cut the heart out of a statute, the statute is gone too." He should have been a butcher.

and then Kennedy (who pro-ACA Democrats were hoping would come around to their side) said something to the effect that, when as Judge you strike a key part of a law, and it is a part on which passage of the overall law was set as a condition for many of the legislators who voted for it, then it would be actually represent Judicial Restraint to throw the whole thing out, rather than just the offending part. Throwing out only the offending part and keeping the rest would, in effect, rewrite the law from the bench and impute assent to lawmakers who in fact never voted for the law in that form and who made it clear that they did not assent to the bill becoming law without that (Constitutionally unacceptable) provision. So in the name of not being a "Judicial Activist" then, maybe Kennedy is inclined to toss the whole law out. Maybe. Maybe he's just trying that opinion on and waiting to be persuaded by the 4 Democrats not to make it a permanent part of his wardrobe. Lots of people would find tossing out entire 2,700 page laws on the basis of one unConstitutional provision included in it to be fairly "Activist" in tone. But we don't know what he'll do. And even if it's crystal clear what Scalia wants to do, it's not clear he can get anyone but what'shisname, the one who never talks, to go along with him.

lovemydog

(11,833 posts)
7. "One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia.
Wed Mar 28, 2012, 10:18 PM
Mar 2012

I've only heard a few songs by Toto, and don't feel the need to hear any more.

Latest Discussions»General Discussion»LA Times: "Justices ...