During the Barrett confirmation hearing, we discussed the narrative of the Democrats and the media that the Affordable Care Act was dangling in the balance on the Supreme Court. With huge pictures of beneficiaries of the ACA displayed around the room, some Democratic senators actually said that Barrett was part of a conspiracy to rush her to the Court to kill the ACA. As I repeatedly said, the narrative was entirely disconnected from any legal reality since at least two conservative justices — Chief Justice John Roberts and Brett Kavanaugh — were likely to vote for severability and thus preserve the Act. They previously voted on similar cases. Today’s oral argument in It’s Obamacare day at the Supreme Court. In California v. Texas again exposed the unfair and unfounded narrative against Justice Barrett with both Roberts and Kavanaugh expressly reaffirming their positions on the severability. Will any of these senators or analysts now acknowledge that the hype in the hyperbole from the hearing?
In the hearing, Kavanaugh stated “Looking at our severability precedents, it does seem fairly clear that the proper remedy would be to sever the mandate provision, and leave the rest of the act in place, the provisions dealing with pre-existing conditions and the rest.”
Roberts added that the case for severability in the ACA case is obvious and compelling: “It’s hard for you to argue that Congress intended the entire act to fall if the mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act.” Roberts added that some might want the Court to strike down the whole Act “but that’s not our job.”
Both justices took the very positions that are obvious from their prior opinions. That gives an instant majority to preserve the Act. Yet, Democrats and many in the media struggled to fuel the notion that the law was at serious risk of being struck down before the election and used Barrett as a vehicle to advance that false narrative. The media did not even challenge repeated claims by senators that Barrett’s nomination was being pushed for this very purpose — a suggestion that was ludicrous on its face.
This is why I objected to the hearing narrative and displays:
The Democrats are reportedly planning to bring back the pictures of people who will be victimized by Barrett if she votes against the Affordable Care Act (ACA) in a case set for a November 10th argument. I have previously written how unfair and unprecedented this display has been for a confirmation hearing. Not only are Democrats now basing their confirmation votes on the expected vote of a nominee in a pending case, but they are misleading the public on the actual case. As I previously discussed, senators have been open about voting against Barrett unless she assures them that she will vote to preserve the Act. Sen. Mazie K. Hirono (D., HI) announced recently that she would vote against Barrett because “she will vote to strike down the Affordable Care Act.” In reality, the ACA case is unlikely to be struck down. The Court may uphold the lower court in declaring the individual mandate of the original ACA to be unconstitutional, but the real issue is whether that provision can be “severed” from the rest of the statute. Most legal experts believe that the Court has a clear majority favoring severance and preserving the rest of the act. The law was originally saved by Chief Justice John Roberts who felt that the individual mandate was constitutional. Congress later nullified the mandate. He and Justice Brett Kavanaugh are viewed as likely votes to sever. Even if the ACA were struck down however both parties are committed to the continued protection of pre-existing conditions.
None of that matters. The Democrats continue to parade these giant pictures that are designed to portray Barrett like some judicial serial killer surrounded by her victims. Now, they will not even be in the room. The pictures will be all that remains on the Democratic side, a fitting symbol of a now literal empty-sack strategy.
So again. As predicted, there appears at least five votes for severability. Yet, the Senate democrats and many in the media fostered this false narrative about the imminent death of the ACA and some directly accused Barrett of being a judicial shill to carry out a conspiracy on the Court. Like so many false narratives, it is likely to simply pass into the ether without further discussion or correction. Obviously, anything can still happen but today’s oral argument shows how this unrelenting narrative in the Senate and the media was maintained in willful disregard of the legal facts.
So again. As predicted, there appears at least five votes for severability. Yet, the Senate democrats and many in the media fostered this false narrative about the imminent death of the ACA and some directly accused Barrett of being a judicial shill to carry out a conspiracy on the Court.
Partisan Democrats know nothing of Obamacare’s structural defects and know nothing of esoteric legal arguments. Look at the lawyers in Congress. If they ever practiced they were generally rank-and-file attorneys who weren’t making more than an ordinary living at it – see, for example, lapsed suburban associate Joseph Biden. (The exceptions in this regard would be Joseph Lieberman, who had had a partnership in a mid-law firm, and Ted Cruz, who had a lucrative BigLaw partnership).
Partisan Democrats understand Obamacare as an ‘achievement’ of their icon, so anyone who suggests it’s defective in some way is a BAD PERSON. (And now another text wall from the Bezos Birdcage Liner courtesy Paint Chips).
We were discussing this in an impromptu round table when the SCOTUS vote came in. Same thing must of us were thinking The plan put foreward takes the as is ACA minus the illegal money grafting and turned it inot something that IS affordable. Add to that the major atep of getting control of the cost of medicine. It doesn’t affect those who weren’t affecting except for the taking of money to support Medicare which makes it soemthing between a lottery on when it will be needed and a and insurance for how much will be needed. For half the group the potential distruction of the VA now vastly improved is a major concern. looked to me as if Constitutional Centrism ruled the thinking and foreign ideology interference lost while the nation as a whole won.
Trump doesn’t care about the ACA. He cares about his power and position. He cares about being prosecuted. When his SCOTUS picks tell him he’s lost the WH, I’ll reassess. These people are in it for the long haul. I’ll wait to see what the opinions say.
In my opinion the entire pile of ACA arguments voiced by Democrats in Barrett’s hearings were 100% political and presented to smear President Trump and his campaign with false propaganda and fear mongering. They presented this garbage to intentionally manipulate any possible undecided voters to vote against President Trump. In other words the Democrats arguments were 100% anti-Trump propaganda, political theater, and had absolutely nothing to do with Barrett. The Democrats were lying to the public again.
The political left has allowed the extreme progressive wing of the Democratic Party to swallow the party whole and they are using the media to spread their propaganda. The political left is fully engaged in using the Principles of Progressive Goebbelism and the media is enabling them.
“The media’s the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power. Because they control the minds of the masses.” Malcolm X
LMAO that you think Biden is in the extreme progressive wing of the Democratic Party.
LMAO that you think you know what I think.
Also, LMFAO that you think I somehow said or implied that Biden is an exterme progressive when in fact I think that Biden is an empty suit Liberal that will be easy for the extreme progressives to manipulate. Biden picking Harris is evidence that they are already manipulating him.
You said “The political left has allowed the extreme progressive wing of the Democratic Party to swallow the party whole”.
Biden is the Democratic Party’s candidate, so you did indeed imply that Biden is in the extreme progressive wing of the Democratic Party. Either that, or you were simply lying when you said what I quoted above. It is literally impossible for the extreme progressive wing of the Democratic Party to have swallowed the party whole if the party’s presidential candidate wouldn’t have been chosen by the the extreme progressive wing.
Anonymous,
I can’t fix what’s broken in you but thanks for the stimulating conversation.
Gee Steve, and I was fascinated with your almost perfect rendition of party talking points.
It is a fact that Barrett was rammed through so the Loser could name a lifetime nominee to the SC 1 week before HE LOST, and thus stealing another SC seat from the majority of American voters. With Barrett, we now have 5 justices appointed by Losers (synonymous now with GOP presidential candidates) of presidential votes. Not what the founders had in mind.
Joe Friday wrote, “stealing another SC seat from the majority of American voters”
You people sound like partisan attack dog imbeciles; there was nothing stolen from the American voters. There was nothing done that was unconstitutional, broke any rules or was inappropriate. Get over it.
Just like all his predecessors, President Trump remains the President of the United States of America until a different President is inaugurated in January.
For the record; I thought at the time, and I publicly said at the time that President Obama’s nominee Judge Merrick Garland should have gotten a hearing in the Senate in 2016. In fact earlier this year I suggested, the day after Ginsburg’s death, that President Trump should nominate Judge Merrick Garland to fill the empty Supreme Court seat. Judge Merrick Garland, is a white, veteran 63-year-old judge with a distinguished record, nothing flamboyant or controversial, who is as close to a non-ideological, non-partisan moderate as any Democratic Party or Republican Party politician could want. Here is a couple of things I wrote on September 19th, the day after Ginsburg died, on a different blog…
Joe Friday wrote, “With Barrett, we now have 5 justices appointed by Losers”
Again; you sound like an imbecile with their foot in their mouth. All Presidents get in office by winning an election, so those Justices were all literally appointed by winners.
Are you going to open your mouth to change socks not?
Nice sentiments regarding Garland Steve and I applaud them. I’m sorry I have not read your complete works so I would have known you don’t always spout GOP BS talking points as you did above.
However, your position aside, what I wrote was entirely true regarding a court now made completely at odds with the majority of Americans, and not by legal principle but by virtue of 2 seats stolen from Presidents chosen by voters, and 3 others appointed by president’s by accident representing the minority of voters. The court should have had a liberal majority over the last 4 years and that reality was crossed out by the behavior of the Senate GOP majority which refused to perform it’s constitutional duty to advise and consent. That responsibility is not optional and the intent of the founders was clear. The recent charade was precedent and principle breaking and another theft – legal this time – from the people. Given the failure of Republican candidates to win the vote in 7 of the last 8 elections – and the only win by an incumbent who shouldn’t have been one, during a war – the continuance of a conservative court, out of touch with popular sentiment on everything from gun control to campaign finance, is a travesty underming further American trust in our government and it’s ability to accomplish anything. But hey, that’s what the GOP is selling anyway.
Joe Friday wrote, “so I would have known you don’t always spout GOP BS talking points as you did above.”
It appears to me that anything you disagree with politically is automatically a GOP talking point, even facts.
Joe Friday wrote, “what I wrote was entirely true regarding a court now made completely at odds with the majority of Americans”
No Joe, what you wrote is twisted propaganda and literally false. You’ve swallowed the left’s propaganda whole.
Take my test for Acute Propaganda-Induced Anti-Trump Hysteria Syndrome.
Steve, I accept your surrender on discussing the facts regarding the SC, it’s current make-up, and it’s theft from from American voters. I understand the difficulty of defending this recent history as anything but a power grab by a party fully aware of it’s impotence in presidential politics.
In contrast, I have no problem countering your GOP talking points about how Joe is owned by the left, even if that makes no sense to anyone who even casually followed the primary election, the lesson of the 2018 election, and even the 2016 election. In all those cases, the centrist democrats not only won, but won easily, and the people you wish were in charge in the party – the “squad” types – sit on a back bench in the House.
But hey, if you have the grey matter and will to discuss either of these disagreements intelligently, I’m here.
Biden’s a dim-witted clown whose object has always been the promotion of Joe Biden (and the assets portfolio of Joe Biden’s 1st degree relatives). That task has now been taken over by his wife
Edith BollingJill Biden as senescence takes over.I feel your pain Deco.
ACA was for 11 million citizens, it effects health care/insurance premiums of 360 million citizens. The Democrats lied about its affordability and its system wide detriments to the freedom of all Americans. It needs to end.
The problem is that it is just expensive and inefficient to maintain. The reason why Demonrats want to maintain it is because of the cronies (Pharma, Insurance companies, IT companies and the rest of the maintenance of the infrastructure, which we now know is expensive and can be done way better, etc.). Therefore, the only reason why the Demonrats are trying to keep it, even if the rest of those who are highly likely to get cheaper and better insurance in the new health care system. Follow the money, that’s all the Demonrats are about. Not the health care.
Congress has no power to tax for individual welfare, specific welfare, charity or redistribution of wealth.
Congress has the power to tax for ONLY “…general Welfare…,” such as roads, water, electricity, sewer, trash pick-up or commodities or services that cannot be provided by free enterprise in the free markets of the private sector. General means ALL not one or a few.
The entire American welfare state is unconstitutional and it skews wages, prices, private industry, free enterprise and the free markets of the private sector.
Congress has no power to operate in free markets or to adversely impact or skew free markets and free enterprise.
The communists (liberals, progressives, socialists, democrats, RINOs) in America have denied Americans their constitutional rights, freedoms, privileges and immunities through the forced imposition of unconstitutional laws and programs supported by the totally corrupt judicial branch, with emphasis on the Supreme Court.
Another narrative the Democrats were trying to push at the Barrett confirmation hearing is that Trump would lose the election but would try to get the courts to declare that there was a lot of voter fraud and have Barrett as a vote on the Supreme Court to take Trump’s side.
Oh wait, Trump is trying to do exactly that, with the help of almost every Republican in the Senate. Might have worked, too, except that Biden won by too much and in too many states for Trump and Barrett to steal it. That has not stopped them from trying.
Wait…psalm 2 is in play. Watch carefully so you believe what’s coming.
Biden hasn’t won by anything.
Buyden won states by more votes than there are actual registered citizens. That is why.
FAKE PRESIDENT BUYDEM LOST.
And you blame True President Donald J. Trump for the timely demise of Ruth Bader Ginsburg as your wackjob conspiracy theory.
Ruth Bader Ginsburg, thank you so much.
The “narrative” truth you are hiding in all this is that the democrats requested of China that it release the “China Flu, 2020” in a presidential election year because True President Donald J. Trump was on an inexorable path to an historic landslide victory and the democrats had nothing with which to counter.
Desperate democrat times called for desperate democrat measures.
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“For extreme diseases, extreme methods of cure, as to restriction, are most suitable.”
– Hippocrates
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True President Donald J. Trump won.
The communists (liberals, progressives, socialists, democrats, RINOs) conspired criminally to manipulate, annul and quash the vote of the American people.
Presidential Election, 2020, is not dissimilar to the election of Lyndon Baines Johnson on November 22, 1963.
Are you getting any news outside the fake news media? If so, you better read other outlets, because you will be in for another heartbreak. There are hundreds of thousands of contested manufactured ballots, okay. Ballots that only has Biden in it, no down vote, at times no voter name/envelope, because the people shading it for Biden, run out of time, because they have to chase 800,000 votes that Trump has over Biden when they cut the counting at 2am. At 4am, suddenly, Trump’s lead went down massively. So the dead voted too, because you know, it’s hard to come up with that many ballots. What happened is the Demonrats prevented observers, because during that time, the Demonrats are dropping off ballots and on top of that, machines are getting votes from Trump to Biden, to chip away from Trump and essentially, the Demonrats tweak at times the machine totals. Why? Because Trump’s lead was massive. So now, because of additional manufactured ballots, Biden has to claim that he has more votes than Obama ever had in his 2008 landslide. No one believes it. But you want to. So it’s Hillary in 2016 once again….the Dems will have severe tantrum and hatred at no fault of their opponent, but by the fake news media.
When are you going to accept the fact that they just LIE?
Yes, God forbid anyone exaggerate the importance of the court for political ends. JT has always and consistently upheld that ….cough cough…. important ….gag. yoooouuuuecchhhh … principle..
Puke
Do you ever post a comment of substance? Sure doesn’t seem like it…
Nyet
The hearing was about Justice Barrett, wasn’t it? I did not see any quotes from Justice Barrett at the hearing. Yet you say Democrats were oh, so wrong about Justice Barrett.
The jury is still out on that.
Fair point. Justice Barrett may well find against severability. I don’t think Turley ever said she wouldn’t, only that her opinion wasn’t likely to be deciding.
“GENERAL WELFARE ONLY”
“COURTS…MUST…DECLARE ALL ACTS CONTRARY TO THE MANIFEST TENOR OF THE CONSTITUTION VOID.”
Congress has the power to tax for ONLY “…general Welfare…,” omitting and, thereby, excluding any power to tax for individual welfare, specific welfare, charity or redistribution of wealth.
The Affordable Care Act does not provide for GENERAL or ALL.
Most Americans DO NOT participate in the Affordable Care Act.
The Affordable Care Act provides for individuals or small groups of individuals.
The Constitution is absolutely and irrefutably clear on the use of the word and the definition of GENERAL or ALL.
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Article 1, Section 8, Clause 1
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;
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“…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
– Alexander Hamilton
Now, can we talk about the Republican Senators and Trump running on an “I have always voted in favor of protecting pre-existing conditions” platform. Clearly dishonest and cynical. John Cornyn’s commercials were extremely cynical.
Cut the budget for military by two thirds and apply the money to public health care. Pull out of Afghanistan like our fathers should have.
What, precisely, would you cut from the military budget? US forces are being withdrawn, consistent with, you know, conditions on the ground.
Congress has the power to tax for common defence (i.el. military).
Congress has absolutely NO POWER to tax for health care or health care insurance coverage for specific or favored individuals.
Congress has absolutely NO POWER to mandate any purchase of a commercial product.
What the —- is the matter with you?
When you play Monopoly, do you read or ignore the rules?
This is America and you ignore, nullify and override its Constitution.
My guess is that makes you an enemy.
We need to end capitalism control of healthcare. Medical Monopoly Capitalism. MMC
FBI Opens An Investigation Into Presumptive President Joe Biden Violating The Logan Act.
“The Trump people seem to be talking like they have some agency here. We’re going to have the pageantry already of the president-elect announcing his advisory board. He’s going to start announcing cabinet secretaries. The center of political gravity in this country and the world is shifting to Joe Biden. Foreign leaders are already having phone calls with Joe Biden, talking about the agenda they’re going to pursue January 20th,” said Rhodes.
https://www.breitbart.com/national-security/2020/11/09/rhodes-foreign-leaders-already-having-phone-calls-joe-biden/
/sarc off
How many hits of Hunter’s crack pipe will it take for the Left to realize they are smoked!?!?!
https://www.zerohedge.com/political/they-were-grilling-hell-out-me-usps-whistleblower-stands-backdated-ballot-claim-after
SINISTER MIND TRICKS AND PRESSURE TACTICS TO HARASS AND INTIMDATE SWORN WITNESS TO FRAUD
DEEP STATE WICKEDNESS, PROVEN!