Even More Fun From Politico: Democrats Warn -- The Very Worst Thing The Right-Wing Supreme Court Could Possibly Do Would Be To Issue a 5-4 Decision Overturning ObamaCare | Main | Overnight Open Thread (6-27-2012)
June 27, 2012

Retraction: Ginsberg's Comments Do Not Tip Her Hand

I kept citing her remark that the Court must decide if a bad stalk of broccoli can be cut away, or if the entire bunch must be discarded, for the proposition that she's tipped her hand, that the mandate is already found unconstitutional, and now the question shifts to severability.

Commenter Richard points out that's not all she said -- that's just all I saw quoted. In fact, she reels off all of the questions you'd imagine the Court is considering:

The three cases challenging the constitutionality of the Health Care Act present four questions: First, does Congress have the authority under Article I of the Constitution (the Commerce Clause or the power to tax and spend for the general welfare) to enact the so-called individual mandate?

Second, if the individual mandate-requiring the purchase of insurance or payment of a penalty-is unconstitutional, must the entire Act fall invalid?

Or may the mandate be chopped, like a head of broccoli, from the rest of the Act?

Third, does the Act's expansion of Medicaid exceed Congress' spending power?

Fourth, the big question, inviting the answer everyone is waiting for: Do federal courts lack jurisdiction to entertain a pre-enforcement challenge to the individual mandate in light of the Anti-Injunction Act of 1867.45 That Act prohibits "any person" from suing the federal government to restrain "the assessment or collection of any tax."

Transcript of the remarks here.

Those are simply the four questions they certified for review -- the very four questions they had oral arguments on.

That tells us nothing at all.

Sorry. I just saw this one bit quoted and thought it was all she said. She didn't. She simply reiterated the questions certified for Supreme Court review.

Obviously, all conclusions based on my faulty premise are weakened.

Thanks to Richard J. for correcting me.

Eh, damnit.

I started to say in the comments, "Doesn't anyone else realize how incredibly important this quote is?"

Well, no. Because the full quote reveals absolutely nothing at all.


digg this
posted by Ace at 09:46 PM

| Access Comments




Recent Comments
Count de Monet: "Damn. Nolan Ryan's a fat, bald, old guy! Posted ..."

Christopher R Taylor: "Falling Down is a terrific movie. Great acting by ..."

Robin Ventura: "[i]Damn. Nolan Ryan's a fat, bald, old guy! Pos ..."

Duke of Righteous WTF?: "A movie with a hidden baseball theme is "Cannery R ..."

Anna Puma (HQCaR): "You have seen they have remade [i]Flatliners[/i], ..."

tcn in AK: "Yes, the damn Yankees must lose. And then the Astr ..."

mnw: "She looked damn good in Pretty Baby. Anybody who ..."

scrood: "Wait a minute.  When did Morons get picky abo ..."

Ashley Judd's Puffy Scamper, aka MrCaniac: "Not crazy about Sarandon, but she was smoking hot ..."

Deplorable Ian Galt, still loving the Cubs, trying not to jinx the Asstros: "One fascinating little documentary I saw on Netfli ..."

logprof: "576 Jacob's Ladder was really good, I agree. Incre ..."

Christopher R Taylor: "[i]And Mario van Peebles needed his screen-time cu ..."

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