Discussion in 'Politics & Religion' started by HotTip, Mar 29, 2012.
It's still looking 50-50 to me right now. What do you think?
And what is your basis for determining that?
I'm pretty certain of how the four conservative and four liberal justices will vote, but Kennedy seems to have been leaning both ways in his questioning.
Personally I think they should strike down the individual mandate and then send it back to Congress to sort it out by either having a revote or modifying it to get the necessary votes. Obviously Congress as it's constituted would never pass Obamacare now, but that shouldn't be the Supreme Court's concern.
It boggles my mind to this day that Obama expected this thing to hold up. He put a ton of democratic congressmen and senators on the line for something that will ultimately be gutted by the supreme court.
5-4 strike down the entire law, Kennedy will write the decision (John Roberts being the chief justice decides who writes the majority opinion if chief justice is in the majority. I think they will throw Kennedy a bone) The fix was in from the beginning.
It's an easy question. The justices knew what they were going to do before the arguments ever started.
100% chance the individual mandate will be struck down.
90%+ chance the entire law will be struck down with it.
10%- chance the justices will pick and choose parts of the law to remaiin.
It is not within the power of SCOTUS to comb through it and pick out parts that should remain. That would make SCOTUS the de facto legislative branch. The only reasonable outcomes are to uphold it or strike the entire thing down and make congress start over. If congress can create a new version without the federal mandate that will pass, more power to them.
Oh soothsayer where will the emini end today ?
Dems don't have a majority in the House and don't have 60 votes in the Senate... not likely to pass a new bill any time soon.
Isn't that a shame!
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