Supreme Court appears to signal Obamacare will survive latest GOP challenge

[Steeleballz 7,550]

 

(CNN)Chief Justice John Roberts and Justice Brett Kavanaugh suggested Tuesday that it wasn't the Supreme Court's role to invalidate the entire sprawling, 900-page Affordable Care Act, even if one or more provisions are deemed unconstitutional, signaling the key parts of Obamacare will survive the latest court challenge.

 

https://www.cnn.com/2020/11/10/politics/supreme-court-obamacare-oral-arguments/index.html

[Dashinka 24,493]

I guess we won't know for sure for some time, but I seem to remember a lot of folks pontificating that ACB would singlehandedly do away with the ACA.

[Burnt Reynolds 5,058]

6 minutes ago, Dashinka said:

I guess we won't know for sure for some time, but I seem to remember a lot of folks pontificating that ACB would singlehandedly do away with the ACA.

Not only do these conclusions the Dems make tend to wind up wrong, but the point is to psychologically put in the head these threats made to them that if the outcomes don't match what the opposing people want, there will be consequences. That plays a role in future behavior. That's why it's necessary to get people in the court who aren't influenced by public opinion and the threats made by politicians, thus far I'm seeing evidence far too many of them are.

Edited November 10, 2020 by Burnt Reynolds

[Steeleballz 7,550]

6 minutes ago, Dashinka said:

I guess we won't know for sure for some time, but I seem to remember a lot of folks pontificating that ACB would singlehandedly do away with the ACA.

 

  We can't predict the future, especially with ACB, but I like to see that the justices are putting the law before partisanship. It's what they are supposed to do, although it will influence their outlook at times. 

[TBoneTX 45,284]

I think that Kavanaugh was deeply shaken by his treatment during confirmation (rightfully), and that he'll try anything to get people to "like" him.  For example, he hired all-female clerks.  He might often vote like John Roberts does, so that he'll keep getting invited to Georgetown parties.  I hope to be proven wrong.

[Steeleballz 7,550]

9 minutes ago, TBoneTX said:

I think that Kavanaugh was deeply shaken by his treatment during confirmation (rightfully), and that he'll try anything to get people to "like" him.  For example, he hired all-female clerks.  He might often vote like John Roberts does, so that he'll keep getting invited to Georgetown parties.  I hope to be proven wrong.

 

  Ideally the court would reach equilibrium around a few moderates, and a few leaning left and a few right. Just like with our political system, our justice system also works best if it is seen to represent everyone.  There is also a tendency to put too much emphasis on their political views and not enough on their professional ethics.  Especially right now, when 3 of them have such a short track record at this level. As we have seen with Roberts, their voting record doesn't always line up with their political outlook. Nor should it. 

[laylalex 7,284]

Okay, I was going to make a cheap joke about how Trump might not be getting the ROI on Kavanaugh he was looking for when he made that placement, but I won't.

 

I agree with Steele that when a justice has a short track record, it's hard to read any one ruling or dissent as indicative of how they will naturally rule every time. Kavanaugh may be someone who I personally think has character issues, but he's a smart guy and can see the way the wind is blowing. He can be a Roberts or he can be an Alito when there are immediate ramifications for millions of people's lives. 

[Dashinka 24,493]

7 minutes ago, Steeleballz said:

 

  Ideally the court would reach equilibrium around a few moderates, and a few leaning left and a few right. Just like with our political system, our justice system also works best if it is seen to represent everyone.  There is also a tendency to put too much emphasis on their political views and not enough on their professional ethics.  Especially right now, when 3 of them have such a short track record at this level. As we have seen with Roberts, their voting record doesn't always line up with their political outlook. Nor should it. 

I agree with you, but one thing that seems noticeable, it seems the justices appointed by GOP Presidents are the ones that tend to be more moderate.

[Steeleballz 7,550]

1 minute ago, Dashinka said:

I agree with you, but one thing that seems noticeable, it seems the justices appointed by GOP Presidents are the ones that tend to be more moderate.

 

  Part of that is your perspective, but it is also that the moderates tend to gravitate towards the center out of necessity. Assuming someone has to fill that gap, it's usually going to be someone from the majority. The supreme court has been generally conservative for most of the last 50 years. That is also part of what you are seeing.

 

  Roberts doesn't want politics in the supreme court. I don't think he would be doing what he does if there were 5 liberal justices. He  just took it upon himself to bring the balance that was missing.

[Burnt Reynolds 5,058]

1 hour ago, TBoneTX said:

I think that Kavanaugh was deeply shaken by his treatment during confirmation (rightfully), and that he'll try anything to get people to "like" him.  For example, he hired all-female clerks.  He might often vote like John Roberts does, so that he'll keep getting invited to Georgetown parties.  I hope to be proven wrong.

I think that might be part of it, but I also told Republicans.. look at Kavanaugh's prior employment (Bush administration) and personal history, who he's been around, what he's said, and give an accurate depiction of his voting record. Plain and simple, he's a neoconservative. 

 

Trump simply outsourced decision making of judges to TFS (key criticism from me about who he picks to be around him), and these are groups of Ivy League Educated people who get prominent positions in government. It's an establishmentarian system that seeks above all to benefit itself, which is why it hates populist movements, and why it facilitates power for itself and to encourage fighting among the populace below.

 

Gorsuch and Kavanaugh are neoconservatives. Roberts is one too, but he's particularly unhinged atm because Trump. This is simultaneously why I think one of Trump's most grievous errors was thinking the courts or any system on its own would save him from establishment corruption when he's relying on establishment people.

Edited November 10, 2020 by Burnt Reynolds

[Crtcl Rice Theory 2,432]

1. The Radical right wing ecosystem wants to take America back to the Coolidge administration 2. Took years and years to assemble a Scotus dream team to achieve their goals 3. Scotus upholds standing case law. 4. 🤯

[Nature Boy 2.0 8,370]

4 hours ago, Steeleballz said:

 

  We can't predict the future, especially with ACB, but I like to see that the justices are putting the law before partisanship. It's what they are supposed to do, although it will influence their outlook at times. 

Thats what constitutional judges do. Constitutional conservative judges tend to be less activist 

[Nature Boy 2.0 8,370]

3 hours ago, Steeleballz said:

 

  Part of that is your perspective, but it is also that the moderates tend to gravitate towards the center out of necessity. Assuming someone has to fill that gap, it's usually going to be someone from the majority. The supreme court has been generally conservative for most of the last 50 years. That is also part of what you are seeing.

 

  Roberts doesn't want politics in the supreme court. I don't think he would be doing what he does if there were 5 liberal justices. He  just took it upon himself to bring the balance that was missing.

The center is often a lonely place 

[Crtcl Rice Theory 2,432]

Just now, Nature Boy 2.0 said:

The center is often a lonely place 

Tell me about it

[Nature Boy 2.0 8,370]

3 minutes ago, CanAm1980 said:

Tell me about it

I bet you can almost see it when you hit a bump in your ditch and your head bounces above the top of the ditch.

For years everyone has wanted in my MOR club.

 

Since the great purge last night the demographics have me back in the middle