Obamacare Oral Arguments Begin

by Ryan on March 26, 2012

in Anything Else,Election 2012,Health Care,History,Law,Politics,Stupid government

Obamacare finally gets its day in court!  The Supreme Court carved out three days to listen to oral arguments on this controversial piece of legislation.  Being targeted is Obamacare’s “individual mandate” provision which marks the first time our federal government has compelled citizens to purchase a product or face a penalty.

So far, not so good for the administration:

Firstly, the court seems likely to actually rule on Obamacare this year rather than wait until 2015 when we’re stuck knee-deep.

Second, and much more interestingly, Solicitor General Donald Verrilli drew unintended laugh lines from Justices Alito (considered a conservative) and Breyer (a well-established liberal).  The unintentional punchline arose when Verrilli kept changing his description of the individual mandate’s “penalty” to “tax”.  A penalty and a tax are not the same thing — a tax is constitutional (totally uncool, but constitutional), while Obamacare’s penalty is clearly not.  Social Security is its own separate tax;  so is Medicare.  Obamacare did not establish a direct tax, since not even a majority of Democrats would have voted for that.  That’s what you get when you half-ass statism!

However, despite the apparent skepticism of even the libs on the Court, I still say the court will ultimately rule 5-4.  Not sure which way, but the court isn’t taking any chances on a vacancy screwing this up by 2015, indicating to me that Chief Justice Roberts may already have a head count.

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