Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!





Recent Entries
Spike Lee Just Might Be Sued | Main | No Seriously? If ObamaCare Falls, Liberals May Push For Even Greater Government Control
March 28, 2012

Limiting Principle: "So Far, the Medicaid Expansion Looks Safe"

But.

Conservative justices pressed Obama's mouthpiece for a limiting principle to his assertion that the government could compel you to buy something.

The justices want the same thing regarding the ObamaCare's coercive mandates that states greatly expand Medicaid, on pain of losing all funds. They want a limiting principle there, a bright line where they can say on one side of it, the federal government is behaving appropriately, but on the other side of it, they are usurping states' prerogatives and powers in the federal system.

Or else surely the federal government can just do whatever it likes, right? And whatever we think about ObamaCare, we know, as a foundational fact, that the American system of government is not premised on the idea that the federal government can do whatever it likes.

A common useful phrase in law is "But that proves too much." You have to be careful of that. If your suggested rule "proves too much" -- winds up resulting in unexpected or plainly-wrong situations, like "the federal government can do whatever it likes, really" -- your suggested rule can't possibly be correct. There has to be some corollary rule that would stop your main rule from reaching that absurd conclusion. And if you can't think of such a corollary rule, such a limiting principle, it casts doubt on the main rule you're pushing.

SCOTUSBlog reports:

So far in the [Solicitor General's] argument, significant pressure from the conservatives to acknowledge some line beyond which threats to funding are coercive. But no strong questions that this particular extension goes too far. So far, it looks safe.

Kind of a mix, there, obviously. On one hand, the Solicitor General can't offer up a limit to the power he's claiming to force states to do the federal government's bidding. On the other hand, no one is asserting (or asserting in the guise of a question) that this particular overreach is too much overreach.

Not sure how you would "ask" that "question" though. Seems if they're asking about a limiting principle, they're already entertaining the notion that this, too, goes too far.

Why This Is Important: If the justices also think this is unconstitutional, there's no possible way to keep the whole law alive.

One gaping hole in the side of a ship? Well, okay, I guess maybe you can bail and seal off that compartment.

Two gaping holes? Scuttle it.

Philip Klein, at the Court: Some Tough Questions, But He'd Be "Surprised" if Court Struck Down Law on This Basis. @philipaklein is reporting via tweet on the Medicaid discussion.

Here are his most recent tweets. They're in reverse order, so start at the bottom, you morons.

To clarify prior tweet, I'd be surprised if they struck down Medicaid expansion. Of course, it would be moot if they struck down whole law.

Kennedy on Medicaid expansion: "There is no real choice." [i.e., this is not a carrot from the government -- it's a pure command, on penalty of losing a huge amount of your own citizens' tax money. -- ace]

Scalia after Verrilli struggled to answer him: "I wouldn't think that would be a surprise question."

Scalia likened the Medicaid expansion to the fed gov't making states an offer they can't refuse.

Also, Scalia managed to make a Jack Benny joke and a Godfather reference in one line of questioning on Medicaid.

Alito and Scalia seemed most sympathetic to arg that Medicaid expansion was coercive. Kennedy expressed concerns, but harder to read.

On the other hand, Roberts said that states have been compromised since New Deal by dependence on federal money. (2/2)

On one hand, Roberts seemed concerned abt Medicaid expansion being coercive. (1/2)

Just got out of Medicaid args. Tough to say, but I'd be surprised if they struck it down.

Summary: Klein has now put his thoughts into a short report that you don't have to read from the bottom up.


digg this
posted by Ace at 02:41 PM

| Access Comments




Recent Comments
GGE of the Moron Horde, NC Chapter: " This thread shows the Triumph of the Twill!!! ..."

SpongeBobSaget: "The thread isn't officially bad till Amy shows up. ..."

seamrog: "Off to watch hockey, see ya later. ..."

qdpsteve: "trailers for sale or rent rooms to let, 50 cents ..."

Ricardo Kill: "Yeah, I don't understand electricity.  ..."

seamrog: "sew, your opinion won't be suede ? ..."

zombie Leni Riefenstahl: "This thread shows the Triumph of the Twill!!! ..."

Old Dog: "The voltage just gets your attention. The amps is ..."

Backdoor Obama: "[i]"planned responses" in 82 cities throughout the ..."

Grampa Jimbo: "Speak for yourself.  I was off watching "Hear ..."

Countrysquire: "I don't think I'd eat anything that was found in a ..."

Tobacco Road: "The only couch here is the one in barrel. Ugh. ..."

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