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Wed Jun 27, 2012, 07:02 PM

"Why the court will uphold Obamacare" - Robert Reich in Salon

http://www.salon.com/2012/06/27/why_the_court_will_uphold_obamacare/singleton//

"Predictions are always hazardous when it comes to the economy, the weather, and the Supreme Court. I wonít get near the first two right now, but Iíll hazard a guess on what the Court is likely to decide tomorrow: It will uphold the constitutionality of the Affordable Care Act (Obamacare) by a vote of 6 to 3.

Three reasons for my confidence:

First, Chief Justice John Roberts is ó or should be ó concerned about the steadily-declining standing of the Court in the publicís mind, along with the growing perception that the justices decide according to partisan politics rather than according to legal principle. The 5-4 decision in Citizenís United, for example, looked to all the world like a political rather than a legal outcome, with all five Republican appointees finding that restrictions on independent corporate expenditures violate the First Amendment, and all four Democratic appointees finding that such restrictions are reasonably necessary to avoid corruption or the appearance of corruption. Or consider the Courtís notorious decision in Bush v. Gore."

snip.....

______________

here's hoping....

8 replies, 1337 views

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Arrow 8 replies Author Time Post
Reply "Why the court will uphold Obamacare" - Robert Reich in Salon (Original post)
NRaleighLiberal Jun 2012 OP
Stuart G Jun 2012 #1
1StrongBlackMan Jun 2012 #2
frazzled Jun 2012 #3
longship Jun 2012 #4
Jim Lane Jun 2012 #5
Zyzafyx Jun 2012 #6
DCBob Jun 2012 #7
Rosanna Lopez Jun 2012 #8

Response to NRaleighLiberal (Original post)

Wed Jun 27, 2012, 07:10 PM

1. I am hoping too.

Certainly there is a chance the Court will uphold Healthcare Reform. Maybe just one of the Republicans care about "health" of
the people here.

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Response to NRaleighLiberal (Original post)

Wed Jun 27, 2012, 07:13 PM

2. Here's hoping, too; but ...

As to Reich's first reason:

First, Chief Justice John Roberts is ó or should be ó concerned about the steadily-declining standing of the Court in the publicís mind, along with the growing perception that the justices decide according to partisan politics rather than according to legal principle. The 5-4 decision in Citizenís United, for example, looked to all the world like a political rather than a legal outcome, with all five Republican appointees finding that restrictions on independent corporate expenditures violate the First Amendment, and all four Democratic appointees finding that such restrictions are reasonably necessary to avoid corruption or the appearance of corruption. Or consider the Courtís notorious decision in Bush v. Gore.


I suspect (hope) he wrote this before the Montana Decision that affirmed C/U.

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Response to NRaleighLiberal (Original post)

Wed Jun 27, 2012, 07:14 PM

3. From your lips to God's ears, Bob

I'm frankly not so optimistic that Roberts cares.

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Response to NRaleighLiberal (Original post)

Wed Jun 27, 2012, 07:37 PM

4. I may overdose tonight here at DU. Another bag of popcorn.



Thank goodness I am well stocked up. But by tomorrow I may be sick of it. Too bad the last Star Trek movie was so bad.

In the meantime...

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Response to NRaleighLiberal (Original post)

Thu Jun 28, 2012, 03:30 AM

5. Correction re Citizens United

Reich writes: "The 5-4 decision in Citizenís United, for example, looked to all the world like a political rather than a legal outcome, with all five Republican appointees finding that restrictions on independent corporate expenditures violate the First Amendment, and all four Democratic appointees finding that such restrictions are reasonably necessary to avoid corruption or the appearance of corruption."

At the time of the Citizens United decision, the Court had six Justices appointed by Republicans and only three appointed by Ginsburg. One of the four dissenters was Stevens, who was appointed by Ford.

Reich's mistake is understandable, since by today's standards Ford would be much too far to the left to get anywhere in the Republican Party.

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Response to NRaleighLiberal (Original post)

Thu Jun 28, 2012, 05:27 AM

6. I wish I could share his optimism

 

But r anyway

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Response to NRaleighLiberal (Original post)

Thu Jun 28, 2012, 06:09 AM

7. I think SCOTUS will uphold but defer judgement on the mandate..

until an actual real-life case is brought before them.

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Response to NRaleighLiberal (Original post)

Thu Jun 28, 2012, 07:34 AM

8. Expected to come at 10:15 AM

This site predicts that the ruling will be at about 10:15 am, after a series of smaller cases are released first.

http://www.scotusblog.com/2012/06/anticipating-the-health-care-decision-in-plain-english/#more-147840

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