« Chris Christie, Who Is Not Running For President, Makes Me Want To Accidentally Send A Picture Of My Gentleman Caller Through A Tweet | Main | Ed Rollins: I Absolutely Forbid Any Palin Supporters From Consideration of Supporting My Client, Michelle Bachmann »
June 08, 2011

11th Circuit Panel Receptive To Ruling ObamaCare Unconstitutional?

If so, Twitter will literally choke on dic-pics.

Well not literally.

Even though the justices "sound receptive" to the anti-ObamaCare arguments, this is a false tea leaf that gets reported a lot.

Judges questions only hint at their beliefs something like, I don't know, 60% of the time. In other cases, they want to seem fair and solicitous to one side; they want to get the best possible version of that side's argument so they can best reject it in their actual opinion.

Or, they pepper one side with tough questions, but what they're hoping is that that team's lawyers will give them the pretext they want to hold in their favor. Their frustration is sometimes of the nature, "Can't you guys do your jobs right and give me something close to a legal justification to do what it is I want to do anyway? Do I have to have my clerks work the weekend to find the right arguments and precedents that you boneheads missed?"

In the OJ case, the jury wanted to re-hear the limo driver's testimony that OJ did not answer the door for 30 minutes when he arrived, which of course strongly suggests that OJ was lying when he said he was home, because he was out killing Niccole.

"That means they're going to convict him," a guy said.

"No, that means they want to hear the most damning evidence again so they can make up a reason for it not being so damning. They'll acquit," I said.

That said, here are the tea leaves. I admit... these are tasty, sweet tea-leaves.

And yet, I've had crappy tea before.

A top Obama administration lawyer defending last year's healthcare law ran into skeptical questions Wednesday from three federal judges here, who suggested they may be ready to declare all or part of the law unconstitutional.

...

And in an ominous sign for the administration, the judges opened the arguments by saying they knew of no case in American history where the courts had upheld the government's power to force someone to buy a product.

That argument is at the heart of the constitutional challenge to the healthcare law and its mandate that nearly all Americans have health insurance by 2014.

"I can't find any case like this," said Chief Judge Joel Dubina of the 11th Circuit Court of Appeals. "If we uphold this, are there any limits" on the power of the federal government? he asked.

Judge Stanley Marcus appeared to agree. "I can't find any case" in the past where the courts upheld "telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?"


If it's framed this way, and the judges are really looking at this way -- how can they let it stand?

Usually "There is no hint anywhere in the Constitution the government has this power" is not followed by "But, sidenote, the government does in fact have this power."



digg this
posted by Ace at 03:31 PM

| Access Comments




Recent Comments
5/8 Mex: "Posted by: Bertram Cabot, Jr. at December 16, 2017 ..."

JQ: "KT, saw your reply re: turnips/ greens-- thanks so ..."

Bear with Assymetrical Balls: "A good future movie thread might be movies that we ..."

blake: "Sigh. How about a complementary compliment? ..."

The Inexplicable Dr. Julius Strangepork: "Hi, is anyone still here? I used to raise dwarf r ..."

Stringer Davis [/i]]/b]: "But Hitchcock DID make a Titanic movie. He did the ..."

Northernlurker : "I thought In Cold Blood was a very good movie. ..."

blake: "Posted by: KT at December 16, 2017 08:54 PM (BVQ+1 ..."

Bertram Cabot, Jr.: " [i]Emperor of the North .. anyone ? Posted by: ..."

Hands: ""The Right Stuff" is very good. It can't be easy t ..."

troyriser: "I've seen 'The Passion of Joan of Arc' twice now. ..."

Harvey Weinstein: "Ain't nothing to phrenology neither. Posted b ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64