SCOTUS: ObamaCare Decision

[MileHigh]

No ruling today.

 

[UPChip]

And SCOTUSblog says we're done. No Obamacare.

 

[MileHigh]

Next day for rulings is Monday, 8 a.m. MDT.

 

[Dick Whitman]

Back when Earl Warren was chief, so many of the key cases of that era were 9-0 (Brown, Gideon, Sullivan, Loving) but all the important Roberts cases (Citizens, Ledbetter, Parents vs. Seattle, student speech, the Philip Morris case) all went 5-4.

I'll still trying to sort through what the Seattle/Louisville case vote was. 5-4? 4-4-1? It's a total mess, with Kennedy not joining in most of Roberts's most sweeping language.

The Seattle case was 5-4 with Breyer, Ginsburg, Souter and Stevens in dissent.

Look at it, though. There is a bunch of stuff in the majority that Kennedy does not join.

 

[Michael_ Gee]

Your top bands always leave their biggest number for the last encore.

 

[Mizzougrad96]

Next day for rulings is Monday, 8 a.m. MDT.

Do you think they'd release it on a Monday?

 

[MileHigh]

Next day for rulings is Monday, 8 a.m. MDT.

Do you think they'd release it on a Monday?

I think it comes next Thursday, the last day of the term.

 

[Mizzougrad96]

Next day for rulings is Monday, 8 a.m. MDT.

Do you think they'd release it on a Monday?

I think it comes next Thursday, the last day of the term.

Agreed. If they wait until Thursday to announce it, I take that as an indication that the whole thing is getting tossed.

 

[MileHigh]

Next day for rulings is Monday, 8 a.m. MDT.

Do you think they'd release it on a Monday?

I think it comes next Thursday, the last day of the term.

Agreed. If they wait until Thursday to announce it, I take that as an indication that the whole thing is getting tossed.

I take it that they gave an unprecedented three days to argue it and it's the biggest ruling of the term.

It was noted on SCOTUS blog there are five decisions plus health care still pending. Pure guessing that the five minus health care (including Arizona) come Monday, then health care on Thursday.

 

[EStreetJoe]

Remember there are four elements to the Health Care decision.

http://communities.washingtontimes.com/neighborhood/not-your-average-read/2012/jun/20/supreme-court-obamacare-decision-unconstitutional/

I predict (and I'm hoping I'm wrong on the mandate one)....
9-0 that the law doesn't violate the Anti-Injunction Act and that they can hear the case now (instead of waiting until 2014 when the Federal mandate portion of the law goes into effect)... although it would be very interesting if the court ruled it did violate so they wouldn't have to rule on the other portions of the suit until 2014 - after the election - so they can't get accused of playing politics with the individual mandate.


5-4 that the individual mandate is unconstitutional

7-2 as a result of the mandate being unconstitutional, the rest of the law has to be scrapped because it won't be the same law that Congress passed

6-3 that the portion of the law requiring states to expand the Medicaid eligibility program IS constitutional because Medicaid is a federal program and as such Congress can dictate to the states how to administer the program. Even though it becomes irrelevant based on the above two decisions, it gives Congress a guideline for rewriting the law

 

[LongTimeListener]

Next day for rulings is Monday, 8 a.m. MDT.

Do you think they'd release it on a Monday?

I think it comes next Thursday, the last day of the term.

Agreed. If they wait until Thursday to announce it, I take that as an indication that the whole thing is getting tossed.

Why?

 

[Ace]

Who cares what the Supremes say? I'm going to wait for Zag to decide what's constitutional or not.

 

[Mizzougrad96]

Next day for rulings is Monday, 8 a.m. MDT.

Do you think they'd release it on a Monday?

I think it comes next Thursday, the last day of the term.

Agreed. If they wait until Thursday to announce it, I take that as an indication that the whole thing is getting tossed.

Why?

Just a feeling. I think they could be anticipating what the fallout could be if it gets tossed by a 5-4 margin.

 

[LongTimeListener]

Oh, there will be fallout either way, that's guaranteed.

Your appraisal just sounded like trying to figure out what a verdict was by whether the jurors' eyebrows were furrowed, is all. I don't see how the length of time would be an indication either way.

 

[Azrael]

Why would the Supreme Court try to stage-manage the announcement of a decision? Why would it care about fallout? It's not as if the justices have to answer questions from the press about their decisions.

 

[RickStain]

Why would the Supreme Court try to stage-manage the announcement of a decision? Why would it care about fallout? It's not as if the justices have to answer questions from the press about their decisions.

Historically, haven't the members of the court been pretty sensitive to public opinion? They consider the standing of the court to be pretty important.

 

[Azrael]

Being sensitive to the standing of the body as a matter of the continuum of history is different, I think, than dumping a decision late in the day, late in the week because it somehow dodges part of the daily news cycle.

 

[Michael_ Gee]

It's ego, or the concern for history, or whatever you want to call it. If the biggest decision isn't last, the other decisions won't get as much attention.

 

[tapintoamerica]

Tossing it out would represent a political statement. So if that's the case, why not announce at a time to maximize news-cycle exposure?

 

[Michael_ Gee]

Here's another possibility. One or more of the nine haven't finished writing their opinions, or may have indicated they're changing their minds. It's very rare, but it has happened.