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

Trajan

conscientia mille testes
Jun 17, 2010
29,048
5,463
48
The Bay Area Soviet
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.
 
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
 
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.

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.

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.

Agreed.
 
Last edited:
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.

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.

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.

Agreed.

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.
 

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