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kpete

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Member since: Fri Sep 17, 2004, 02:59 PM
Number of posts: 63,619

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Did Scalia Blow It?

There's something quite odd in my view about the Scalia opinion in the back. It's not a Scalia rant by and large; in fact it reads at the outset rather majestically, like he's delivering the opinion of the court. Even more strangely, it refers repeatedly to the "Ginsburg dissent," but Ginsburg is in the majority on most issues. What's all this about? Were the tables turned midway? Did Roberts first sign on to Scalia's opinion and then bail on him? Is that what Ginsburg was ribbing Scalia over in her ACS remarks? I suspect there is an amazing an untold backroom story behind this decision. It may be a while before we learn it. But the sense I have is that Scalia had the votes to take a sledgehammer to ACA, and then lost Roberts. Was it Scalia's overreaching and his overheated rhetoric that did him in? This may make an excellent Supreme Court mystery. But it points in the end to the complicated and rather ornery personality of Nino Scalia as a real burden for the court's conservatives.

http://andrewsullivan.thedailybeast.com/2012/06/did-scalia-blow-it.html


hmmmmmmmmmmmmmm

Pelosi: "I did."

Good one, Nancy (who's wearing the same purple pumps today that she wore when Obamacare passed)



Pelosi: What a great victory!

Congressman George Miller: You bet your ass [it is].

Pelosi: I did.



http://blogs.wsj.com/washwire/2012/06/28/pelosi-cheers-health-ruling/

Another HaHaHaHaHa

THU JUN 28, 2012 AT 11:30 AM PDT
Ha ha ha, this is the guy Republicans nominated!
bykos






Ha ha! From Mitt Romney's Courts & The Constitution campaign website page:

As president, Mitt will nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito,” reads the ‘Courts & The Constitution’ section of Romney’s campaign website.


So to recap, Republicans nominated the Father of Obamacare, and has pledged to nominate justices in the mold of Chief Justice Roberts, who upheld Obamcare.

It's enough to almost feel sorry for the wingnuts. Almost.
http://www.dailykos.com/story/2012/06/28/1104010/-Ha-ha-ha-this-is-the-guy-Republicans-nbsp-nominated

Okay, Bill O'Reilly: Time to 'Apologize for Being an Idiot'

&feature=player_embedded

Open Letter to Fox News and Bill O'Reilly:

Today the Supreme Court upheld the Affordable Care Act -- Obamacare. You promised to apologize if you were wrong about it, and you were wrong.

So here's my formal request, Billo. I want you to apologize to me and your viewers for misleading them. You can do so on behalf of all of your co-workers who also used the Fox News megaphone to lie to viewers.

I'll wait.

http://crooksandliars.com/karoli/open-letter-fox-news-and-bill-oreilly

"HOPE" returns today


http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

OK - Here is The Answer To The GOP's "It's A TAX, It's A TAX, bla bla bla":

Why The Individual Mandate Is Not A ‘Massive Tax Hike’ On The Middle Class


The mandate can indeed be characterized as a tax, as the Court found. But it is not a massive tax hike on the middle class, much less the biggest tax hike in American history. The tax imposed by the individual mandate amounts to either $695 or 2.5 percent of household income for those who don’t have insurance and are not exempt based on income levels. By comparison, the payroll tax cut extension Republicans repeatedly blocked earlier this year would have added 3.1 percentage points to the tax and cost the average family $1,500 a year.

The mandate, meanwhile, would hit a small amount of Americans — somewhere between 2 and 5 percent — according to a study from the Urban Institute. The number could be even lower depending on the law’s success: in Massachusetts, the only state with an insurance mandate, less than 1 percent of the state’s residents paid the penalty in 2009.

The majority of the Affordable Care Act’s other taxes, such as a payroll tax increase and a tax on high-cost health plans, are aimed at upper-income Americans. In exchange, millions of jobs will be created as new people enter the health care system and millions of people will gain access to affordable, quality insurance that they otherwise would not have. And, as we detailed earlier today, the Court’s decision to uphold the entirety of the law will have significant benefits for the nation’s economy.

MUCH MORE:
http://thinkprogress.org/economy/2012/06/28/508062/fact-check-mandate-tax-hike/

The chief justice’s canny move to uphold the Affordable Care Act while gutting the Commerce Clause.

Obama Wins the Battle, Roberts Wins the War
The chief justice’s canny move to uphold the Affordable Care Act while gutting the Commerce Clause.
By Tom Scocca|Posted Thursday, June 28, 2012, at 11:59 AM ET

............

.........By ruling that the individual mandate was permissible as a tax, he joined the Democratic appointees to uphold the law—while joining the Republican wing to gut the Commerce Clause (and push back against the necessary-and-proper clause as well). Here's the Chief Justice's opinion (italics in original):


Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”


The business about "new and potentially vast" authority is a fig leaf. This is a substantial rollback of Congress' regulatory powers, and the chief justice knows it. It is what Roberts has been pursuing ever since he signed up with the Federalist Society. In 2005, Sen. Barack Obama spoke in opposition to Roberts' nomination, saying he did not trust his political philosophy on tough questions such as "whether the Commerce Clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce." Today, Roberts did what Obama predicted he would do.

Roberts' genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress' power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.


MORE:
http://www.slate.com/articles/news_and_politics/scocca/2012/06/roberts_health_care_opinion_commerce_clause_the_real_reason_the_chief_justice_upheld_obamacare_.html




This is a VERY informative link as well:

THU JUN 28, 2012 AT 11:15 AM PDT
A dark cloud on this sunny day: Roberts Court embraces Constitution in Exile
byArmandoFollowforDaily


In the early 20th century, this Court regularly struck down economic regulation enacted by the peoples’ representatives in both the States and the Federal Government. [...]THE CHIEF JUSTICE’s Commerce Clause opinion [...] bear[s] a disquieting resemblance to those long-overruled decisions. Ultimately, the Court upholds the individual mandate as a proper exercise of Congress’ power to tax and spend“ for the . . . general Welfare of the United States.” ... I concur in that determination, which makes THE CHIEF JUSTICE’s Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress’ capacity to meet the new problems arising constantly in our ever developing modern economy? I find no satisfying response to that question in his opinion. 12 (Emphasis supplied.) —Justice Ruth Bader Ginsburg


http://www.dailykos.com/story/2012/06/28/1103937/-A-dark-cloud-on-this-sunny-day-Roberts-Court-embraces-Constitution-in-Exile#comments

Dear conservatives, Unfortunately there's really no way to replace Roberts as chief justice except..

Dear conservatives,

Unfortunately there's really no way to replace Roberts as chief justice except by either convincing him to resign/retire, or by impeaching him.

So to show that I'm not 100 percent partisan, 100 percent of the time, let me reach out in solidarity—

It was total bullshit what Chief Justice Roberts did to you. So I'm happy to join you in calling for his ouster, either voluntarily or via impeachment. Heck, I'll go out of my way to help you accomplish this laudable goal.

That's just how helpful I am.

http://www.dailykos.com/story/2012/06/28/1104023/-Bringing-Left-and-Right-together-over-Justice-Roberts



Oh, how I miss KO and puppet theatre!
KPETE

Pelosi to Kennedy Widow: 'Now Teddy Can Rest'

Source: National Journal


For Minority Leader Nancy Pelosi, D-Calif., the Supreme Court's decision provided a vindication and victory for having helped push the health law through - perhaps at the expense of her losing her Speaker's gavel.

Maybe it was the lucky purple pumps she was wearing - the very same shoes she wore on the day the health care law was passed, March 21, 2010.

Pelosi was attending Democratic Whip Meeting in the Capitol Visitor Center when she found out about the decision, according to a narrative obtained from her office. She returned to her office to make phone calls, and left messages for the president and vice president.

Pelosi then called Vicki Kennedy, and was described as telling Mrs. Kennedy: "Now, Teddy can rest."




Read more: http://influencealley.nationaljournal.com/2012/06/pelosi-to-kennedy-widow-now-te.php

Obama camp: Romney missed opportunity to move country forward with his 'callous' statement

Mitt Romney had an opportunity to rise to the occasion today and tell the American people specifically how he would move the nation forward on health care and ensure people get the care they need. Yet, once again, he squandered that opportunity. Instead of explaining how he would ensure costs don’t go up and health benefits are protected, Romney promised to repeal the President’s health reform law and take America back to the same old political battles of the past. He is completely unmoved by what that would do to millions of middle-class families, women, seniors and young Americans who are today benefiting from the law. Romney’s promise to repeal the law would give insurance companies free rein to exploit Americans through the worst industry abuses, strip 86 million Americans of often life-saving preventive care, cost 3.1 million young Americans of their coverage by kicking them off their parents’ plans, allow insurance companies to discriminate against kids with preexisting conditions, and increase prescription drug costs for seniors on Medicare.

Just six years ago, before Mitt Romney decided to run for president, he passed a law in Massachusetts that achieved universal coverage for the citizens of that state through an individual mandate and tax penalty. That law became the model for the President’s health reform law. Now, as he is running for president, Romney has run away from his accomplishment in Massachusetts, callously promising to repeal national reform and “kill it dead.” He owes the American people a clear, non-parsed explanation of why he believes his decisions in Massachusetts are wrong for the country, and exactly what he would do to help the American people get the health care they need.


http://www.dailykos.com/story/2012/06/28/1104027/-Obama-camp-Romney-missed-opportunity-to-move-country-forward-with-his-callous-statement?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dailykos%2Findex+%28Daily+Kos%29
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