Kavanaugh, Roberts Signal They
Will Uphold Affordable Care Act
National Review,
by
Mairead Mcaradle
Original Article
Posted By: Mauigirl,
11/10/2020 11:09:04 PM
At least five Supreme Court justices, including two of the Court’s six conservatives, have indicated that they are leaning toward upholding the bulk of the Affordable Care Act, clashing with Republicans who argue that the entire law is unconstitutional.
Chief Justice John Roberts and Justice Brett Kavanaugh suggested during oral arguments Tuesday that the law’s individual mandate, which required most Americans to obtain insurance or pay a penalty, can be separated from the rest of the law, known as Obamacare.
“It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the law in place,” Kavanaugh said Tuesday.
Reply 1 - Posted by:
Mauigirl 11/10/2020 11:15:06 PM (No. 601899)
Kavanaugh?
WTF?
22 people like this.
Reply 2 - Posted by:
Newtsche 11/10/2020 11:21:02 PM (No. 601902)
Cheap Trick comes to mind.
"I Want You to Want Me"
6 people like this.
Reply 3 - Posted by:
earlybird 11/10/2020 11:28:53 PM (No. 601904)
Kavanaugh on his way to being another Souter?
20 people like this.
Reply 4 - Posted by:
padiva 11/10/2020 11:36:12 PM (No. 601908)
Keep it around for Obama lovers but have a better program for sensible people.
Let Obama care die a slow painful death.
13 people like this.
Reply 5 - Posted by:
Heraclitus 11/10/2020 11:42:28 PM (No. 601913)
A couple of nights ago i said to my husband: Kavanaugh is a squish, and i worry about him being overwhelmed by all the girls in his household. We hope and pray for fealty to the Constitution.
13 people like this.
Reply 6 - Posted by:
Jesse Jenkem 11/10/2020 11:43:14 PM (No. 601914)
What is with Republican nominated Supreme court members?
14 people like this.
Reply 7 - Posted by:
GoodDeal 11/10/2020 11:54:57 PM (No. 601924)
Kavanaugh on his way to being like his hero John McCain.
15 people like this.
Reply 8 - Posted by:
texaspast 11/10/2020 11:59:53 PM (No. 601926)
[Forehead slap] - But Kavanaugh, the only reason the law was upheld in the FIRST PLACE was because the d**** penalty was deemed a 'tax' by Roberts and, therefore, within the taxing authority of Congress, so the whole 'Obamacare' excrement was NOT unconstitutional, as it was a tax [wink wink nudge nudge]. If you take away the "tax", how the heck does the rest remain standing??? How? Because the Supreme Court said so. As Justice Robert H. Jackson wrote in 1953 “we are not final because we are infallible, but we are infallible only because we are final.” Brown v. Allen, 344 U.S. 443,540, 72 S.Ct. 397, 97 L. Ed. 469 (1953) (concurring in the result). The Supreme Court has declared that it is the 'last word' and thus infallible, and for some reason the other two branches of government have accepted this interpretation. But anyone who can read the constitution can see that there is NO CONSTITUTIONAL 'LAST WORD' - other than the people of the United States (see the 10th amendment).
9 people like this.
Reply 9 - Posted by:
DVC 11/11/2020 12:05:47 AM (No. 601928)
First off, I no longer consider NR a reliable source.
Have we been suckered AGAIN?
10 people like this.
Reply 10 - Posted by:
Ret.TxLeo 11/11/2020 12:05:48 AM (No. 601929)
So Justice K.....you believe the supremes should make law now? Like Roberts did for barry? What does the DC elite aka the Washington Mafia have on you?
11 people like this.
Reply 11 - Posted by:
droopydog 11/11/2020 12:12:39 AM (No. 601931)
Trump and Trump alone saved his bacon during the nomination hearings. He owes him and all of us to uphold the Constitution, especially when it comes to Pennsylvania voting law.
12 people like this.
Reply 12 - Posted by:
PChristopher 11/11/2020 12:19:00 AM (No. 601933)
So much for waiting to hear the evidence.
5 people like this.
Reply 13 - Posted by:
smokincol 11/11/2020 1:30:06 AM (No. 601971)
Roberts is completely unaware, like the moron who appointed him, and is not at all the Constitutionalist he was thought to be, like the moron who appointed him. Kavanaugh?, interesting bit of news about him. doesn't add up.
4 people like this.
Reply 14 - Posted by:
RedWhite&Blue2 11/11/2020 1:55:02 AM (No. 601990)
My first thought was Who is this
Mairead Mcaradle???
Then after the article was a picture of the author of this assignment.
Somebody’s goofy looking clueless blond grand-daughter
Another sock puppet scribbler
Designed purposely to provoke many
And it did.....
5 people like this.
Reply 15 - Posted by:
Chuzzles 11/11/2020 3:00:41 AM (No. 602006)
Mr. Kavanaugh, this kind of tomfoolery is not what we fought tooth and nail for you to do. To side with Roberts on this and continue the torture of American wallets is not a good thing.
8 people like this.
Reply 16 - Posted by:
Violet 11/11/2020 3:41:16 AM (No. 602023)
It beats me why they persist in calling John Roberts a conservative. He's definitely middle of the road.
6 people like this.
Reply 17 - Posted by:
nina584 11/11/2020 5:30:50 AM (No. 602055)
Kavanaugh worked in the bush WH . Anything associated with the bushes always turns into a disaster. Their nominations to the sc have been a disgrace.
8 people like this.
Reply 18 - Posted by:
SkeezerMcGee 11/11/2020 7:32:42 AM (No. 602139)
I'm standing 100% with justice Kavanaugh. I have no reason to question his judicial integrity based on his statements/questioning at oral argument in the current ACA case, or if he votes with Roberts (which he most probably will) in the current ACA case.
I predict the SCOTUS will sever the “individual mandate” and otherwise uphold the ACA. If this happens it does not suggest to me that Kavanaugh is weak, corrupted, ill-informed, bad, pushing an agenda, or that he will thereby violate any cannon of judicial ethics.
I will be disappointment that the ACA will remain, as in my opinion the ACA is an Obama driven path toward socialized medicine that has done great damage to our healthcare system (that only Congress can repeal). It's not the job of the SCOTUS to repeal bad laws. It's job is to repeal unconstitutional laws and severable unconstitutional provisions in laws, such as the “individual mandate.”
0 people like this.
Reply 19 - Posted by:
Laotzu 11/11/2020 8:53:26 AM (No. 602251)
I listened the full hearing.
Kavanaugh and most of the justices are legitimately concerned about standing. If they lower the threshold for standing to bring a suit, it will cascade throughout the judicial system and invite even more court cases filed by left activists and ambulance chasers.
The one thing I learned from the hearing: Justice Breyer is a snide, lefty priss. He belongs in Hollywood and not on the Court.
4 people like this.
Reply 20 - Posted by:
mathman 11/11/2020 10:57:01 AM (No. 602423)
The Unaffordable Uncare Act. The Midnight Massacre. The Louisiana Purchase. The Missouri Compromise. I remember the whole sordid affair. "You will have to pass the bill in order to find out what is in it." And the historical references are to deals which purchased the votes of Senators from Louisiana and Missouri. This was once called bribery.
Well, we still don't know what is in the Act. Few people have libraries which include all of the relevant executive orders and laws cited in the ACA. Fewer still have been able to follow the endless references and elisions. What does the ACA confer? Who pays?
Are there death panels?
What authority shall determine whether the ACA is being followed?
0 people like this.
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