Supreme Court Decision on ObamaCare- yes , no, whats the vote tally?

Discussion in 'Law and Justice System' started by Trajan, Jun 19, 2012.

  1. Trajan
    Offline

    Trajan conscientia mille testes

    Joined:
    Jun 17, 2010
    Messages:
    29,048
    Thanks Received:
    4,751
    Trophy Points:
    48
    Location:
    The Bay Area Soviet
    Ratings:
    +4,756
    I am wondering how they hash this all out. Is the SC political? Do they look over their shoulders at the socio-political landscape and give it any weight?

    Do the liberals on the court think or discuss the what if; what if Kennedy is on board with the 4 other the cons to over turn the mandate ( IF the others are overturning it) and deal on the severability issue?

    Do the cons think, what if; that they may be vilified by a large section of the media and give that weight in their thoughts?

    Would they ( the liberal portion) craft a deal or opinion in that they will vote , making it 6-3, or 7-2 decision to overturn the mandate if the opinion overturning the mandate lets the rest of Obamacare stand or let the whole thing go down at 5-4?

    I think that whatever decision is rendered, I will be behind it, because this is the way it works, this is the system we have and its a good one.

    I am not for the mandate, but, if it’s a decision to leave it be, then that’s what we ( I) will honor, no Phillipics against a radical court.
    You cannot pick and choose imho, when the/a system 'works' or not in this context, just because ‘your side took a hit’.

    If they overturn, no gloating and I urge folks to consider the alternatives played out sadly around the world where in there is no rule of law and these decisions are based on raw, naked power. Not on a well thought judicial system that has withstood the test of time.



    So, anyone want to go on the record?


    I personally think, it will be overturned 5-4. But, if I can hedge, it may be even 6-3, if my thoughts in the top section of my post make any sense.
     
  2. Trajan
    Offline

    Trajan conscientia mille testes

    Joined:
    Jun 17, 2010
    Messages:
    29,048
    Thanks Received:
    4,751
    Trophy Points:
    48
    Location:
    The Bay Area Soviet
    Ratings:
    +4,756
    I don't know what his record of prognostication is, but,if the court thinks that the health care industry is truly unique, thats the limb they will hold on to, imho, if say Roberts writes the decision affirming its legality.



    ScotusBlog

    Tom Goldstein Publisher

    Posted Wed, June 27th, 2012 11:22 am

    In the end, you have to make a prediction and take responsibility for it. I believe the mandate will not be invalidated tomorrow. Far less important, I expect the principal opinion will be written by the Chief Justice; a majority of the Court will find it has jurisdiction; and the challenge to the Medicaid expansion will be rejected.


    snip-

    But in the end, based on the entire mix of information I have, I think the mandate will not be struck down tomorrow. (I don’t have any inside information, nor does anyone else.) My prediction includes the possibility that there will not be a single majority opinion for the theory on which the mandate is upheld, and even the thin possibility that the Court will not have a majority to find the mandate constitutional.

    more-

    In the end : SCOTUSblog
     
  3. jillian
    Offline

    jillian Princess Supporting Member

    Joined:
    Apr 4, 2006
    Messages:
    69,557
    Thanks Received:
    13,012
    Trophy Points:
    2,220
    Location:
    The Other Side of Paradise
    Ratings:
    +22,434
    i posted that earlier.

    nah nah nah nah nah. :funnyface:
     
  4. C_Clayton_Jones
    Offline

    C_Clayton_Jones Diamond Member

    Joined:
    Apr 28, 2011
    Messages:
    41,543
    Thanks Received:
    8,933
    Trophy Points:
    2,030
    Location:
    In a Republic, actually
    Ratings:
    +23,869
    The Court will find it has jurisdiction;

    The IM will be invalidated;

    The Medicaid challenge will be rejected;

    And I hope other provisions will be upheld.

    Agreed.
     
    Last edited: Jun 27, 2012
  5. Sallow
    Offline

    Sallow The Big Bad Wolf. Supporting Member

    Joined:
    Oct 4, 2010
    Messages:
    56,535
    Thanks Received:
    6,132
    Trophy Points:
    1,840
    Location:
    New York City
    Ratings:
    +7,394
    I agree here with the mandate. After Gore v. Bush and Citizen's United nothing surprises me about this court any more.

    It's no longer objective..and has become part of the political apparatus.

    This bodes badly for the law..and judicial practice in general.

    And once that's undermined, it degrades society in general.

    This will be the first time in nearly a century..the court has stepped in to overturn a major initiative of a President.
     

Share This Page