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kpete

(71,994 posts)
Thu Mar 29, 2012, 10:47 AM Mar 2012

Scalia mocks Obamacare provision that doesn't even exist (& nobody calls him on it...)

We should expect much more from the political class than this. From Olivier Knox at Yahoo News:

Nothing like having the best and brightest at the highest level of the American justice system. With knuckle-dragging blockheads like Scalia on the court, how is it possible for a country to prosper, let alone lead in this century?

From Olivier Knox at Yahoo News:

Conservative Justice Antonin Scalia suggested on Wednesday that the Supreme Court could strike the "Cornhusker Kickback" from President Barack Obama's landmark health care overhaul without having to invalidate the whole law. He was right, in a way: The notorious provision isn't in the law.

The "Cornhusker Kickback" was the derogatory nickname of one of several sweetheart deals designed to ensure that the law had enough votes to pass. Amid a public uproar, lawmakers ultimately stripped the measure from the law.

But no one—not Scalia's eight colleagues on the highest court in the land, not Deputy Solicitor General Edwin Kneedler, there to represent Obama, and not the superstar lawyer challenging the law on behalf of 26 states, Paul Clement—challenged his claim.


http://news.yahoo.com/blogs/ticket/scalia-mocks-health-care-law-cornhusker-kickback-provision-205148292.html;_ylt=AkoCORzkiUX8zDDlNt2bmv6s0NUE;_ylu=X3oDMTNtdnEyZmozBG1pdANKdW1ib3Ryb24gRlAEcGtnAzZhMDI2MDRlLTk4N2EtMzVhZi1iZWM2LWJmMmMyMzUyZGQ1NARwb3MDMwRzZWMDanVtYm90cm9uBHZlcgMyM2I3MDkwNS03OTJlLTExZTEtYjc0ZS02M2E5YmY3MmI1YmU-;_ylg=X3oDMTFrM25vcXFyBGludGwDdXMEbGFuZwNlbi11cwRwc3RhaWQDBHBzdGNhdAMEcHQDc2VjdGlvbnMEdGVzdAM-;_ylv=3
http://www.americablog.com/2012/03/scalia-mocks-obamacare-provision-that.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Americablog+%28AMERICAblog%29
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Scalia mocks Obamacare provision that doesn't even exist (& nobody calls him on it...) (Original Post) kpete Mar 2012 OP
the same justice that said, "you expect me to read the whole law?" Enrique Mar 2012 #1
Even Fox is too advanced for Thomas Occulus Mar 2012 #2
Sounds like Scalia only read his directives from the likes of the Koch-types. Frustratedlady Mar 2012 #3
The more liberal other Supremes and ... 1StrongBlackMan Mar 2012 #4
Fuck Scalia Pab Sungenis Mar 2012 #18
Scalia is just another snarling ugly face of the repuke party! CTyankee Mar 2012 #5
I Give Up RobinA Mar 2012 #6
A hint: Nebraskans are cornhuskers. JDPriestly Mar 2012 #11
"Both political parties are the same!!!" Ikonoklast Mar 2012 #7
+1,000 freshwest Mar 2012 #19
Scalia is like having KKKarl Rove on the bench. loudsue Mar 2012 #8
You state "We should expect much more from the political class than this" and I must take exception arthritisR_US Mar 2012 #9
Scalia is a corporate paid dictator magic59 Mar 2012 #10
The best justice money can buy. tclambert Mar 2012 #12
Scalia revels in being disgraceful aint_no_life_nowhere Mar 2012 #13
There was no reason for the lawyers or other justices to call Scalia onenote Mar 2012 #14
Thank you for posting that :) n/t Tx4obama Mar 2012 #17
You Do Realize This Case Is Already Decided SoCalMusicLover Mar 2012 #15
So many idiots in DC Angry Dragon Mar 2012 #16
Sotomayer did burrowowl Mar 2012 #20
The current Supreme Court justices are proof that life time tenure should be repealed. olegramps Mar 2012 #21

Enrique

(27,461 posts)
1. the same justice that said, "you expect me to read the whole law?"
Thu Mar 29, 2012, 10:54 AM
Mar 2012

and everyone laughed.

This decision will be made by people that get all their news from Fox News. Actually Fox news is probably too advanced for Clarence Thomas, he probably just listens to RW radio.

Frustratedlady

(16,254 posts)
3. Sounds like Scalia only read his directives from the likes of the Koch-types.
Thu Mar 29, 2012, 11:07 AM
Mar 2012

Could the Obama admin. be setting a trap for them, like they have in other situations where we thought they weren't paying attention and let the Pugs get by with their shenanigans, only to see Obama was playing chess again? That would be SO cool if they were.

This SOTUS has got to go down as the most corrupt/biased court in my lifetime.

 

1StrongBlackMan

(31,849 posts)
4. The more liberal other Supremes and ...
Thu Mar 29, 2012, 11:21 AM
Mar 2012

and Kneedler acted appropriately for not correcting scalia.

The more liberal, and probably even Roberts and Kennedy, would not correct him in order to allow him to save face. They probably mentioned it in the privacy of chambers ... right after they lambasted him for that "You expect me to actually read the law that I am about to rule on" comment.

Kneedler couldn't correct scalia without incurring his wrath.

Nothing good comes from correcting an arrogant idiot in public.

 

Pab Sungenis

(9,612 posts)
18. Fuck Scalia
Thu Mar 29, 2012, 05:51 PM
Mar 2012

He's not going to vote to uphold the law anyhow, so why not incur his wrath?

Just like I keep complaining every time Obama tries to mollify the radical right: they won't vote for you anyhow so don't give in to them.

CTyankee

(63,912 posts)
5. Scalia is just another snarling ugly face of the repuke party!
Thu Mar 29, 2012, 11:41 AM
Mar 2012

God, I hate looking at that man's face and hearing his crappy comments...

Ikonoklast

(23,973 posts)
7. "Both political parties are the same!!!"
Thu Mar 29, 2012, 12:07 PM
Mar 2012

Next person that ever says that deserves to be hit in the face with a brick.

arthritisR_US

(7,288 posts)
9. You state "We should expect much more from the political class than this" and I must take exception
Thu Mar 29, 2012, 12:21 PM
Mar 2012

with that. I thought Supreme Court Justices were supposed to be separate from politics and hence not part of the "political class." Therein lies the problem, as they no longer appear a-political and therefore ruling without bias and prejudice. A great disservice is being perpetrated on the American citizenry, IMO.

 

magic59

(429 posts)
10. Scalia is a corporate paid dictator
Thu Mar 29, 2012, 12:43 PM
Mar 2012

he will lie, do what ever it takes to help his corporate handlers and ruin our country. Its what he does best.

aint_no_life_nowhere

(21,925 posts)
13. Scalia revels in being disgraceful
Thu Mar 29, 2012, 01:23 PM
Mar 2012

I first noticed how arrogant he was during the Bush v. Gore hearing that was broadcast on radio. But when he went duck hunting with Dick Cheney on the eve of sitting in judgment of a case involving private meetings of Cheney's energy task force, he just blew me away when his official response to questions about his failure to recuse himself was "quack - quack". Scalia apparently doesn't give a damn about how his behavior reflects upon the Supreme Court as an institution.

onenote

(42,703 posts)
14. There was no reason for the lawyers or other justices to call Scalia
Thu Mar 29, 2012, 01:36 PM
Mar 2012

for his example.

This is not a defense of Scalia, its a defense of the other Justices and of the lawyers for the government. Scalia was actually making a point that helped the administration's case --he was making the point that its dangerous for the court to get too deeply involved in trying to second guess Congress when it comes to deciding whether or not to invalidate an entire law when some parts of it have been struck down. His example was intended to illustrate that passing legislation involves horse trading -- that you can have provisions that are unrelated to the heart of the legislation that are enacted as a way of getting enough votes. If you frame the question as requiring the court to look provision by provision at whether the bill as a whole would have been enacted, you end up with absurd results where you always have to invalidate an entire law because every provision, no matter how peripheral, arguably was important in getting someone to vote for the law. That argument was echoed by the liberal wing of the court as well.

 

SoCalMusicLover

(3,194 posts)
15. You Do Realize This Case Is Already Decided
Thu Mar 29, 2012, 03:25 PM
Mar 2012

Both sides are just going through the motions. The end result has already been determined.

After the law is overturned in August, the case will be used in the election campaigns by both parties.

The best job in the world for those justices. Do you really think they're paying ANY attention to arguments? The block of 5 already know how they're going to vote.

olegramps

(8,200 posts)
21. The current Supreme Court justices are proof that life time tenure should be repealed.
Fri Mar 30, 2012, 09:32 AM
Mar 2012

The Forefathers could not perceive that people appointed to the Supreme Court would make their decisions solely based on the political persuasions. However, they were honorable men and men of character a virtue that has been lost especially by the rabid Republicans that dominate the present court.

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