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Subscribe to RSSBrace yourself for another 5-4 decision… And such a decision would have two consequences: 1) feed the perception that the Supreme Court is as partisan as the other branches, and 2) satisfy no one… Yesterday was a bad day for the mandate… Team Gingrich beginning to accept reality?... New WaPo/ABC poll: Romney unfavorable rating at 50%... Boehner scolds Romney for criticizing Obama while abroad… New Quinnipiac polls: Obama leads in FL, OH, and PA… RNC staffing up in battleground states… Team Santorum narrows the ad-spending gap in Wisconsin (but just slightly)… And Biden to talk manufacturing in Iowa.
Jonathan Ernst / Reuters
Members of the public wait on the sidewalk to be allowed inside to watch the third and final day of legal arguments over the Patient Protection and Affordable Care Act at the Supreme Court in Washington, March 28, 2012.
*** Brace yourself for another 5-4 decision: Yesterday’s oral arguments at the Supreme Court raised the distinct possibility that the individual mandate -- and perhaps the entire health-care law -- could be decided by another controversial 5-4 decision. Such an outcome, especially after other 5-4 decisions like Bush vs. Gore and Citizens United, would have two potential consequences. One, it would feed the perception that the U.S. Supreme Court is as partisan as Congress and increasing parts of the media; in other words, these nine justices (either trained at liberal law schools or members of the conservative Federalist Society) are essentially political actors wearing black robes. And two and most importantly, a 5-4 decision would satisfy no one. If the court strikes down the mandate and the health-care law by that narrow margin, liberals and Democrats would blame it on the conservative justices. If the mandate and law are upheld by a 5-4 decision, conservatives would point their fingers at the liberals and the unpredictable “mushy” swing justice, Anthony Kennedy. That’s the problem with a split decision: The losers would feel like they lost on a political technicality, not because there was a legal consensus.
If the health insurance mandate is found unconstitutional, can the rest of the health care law survive? The Daily Rundown's Chuck Todd discusses.
*** A bad day for the mandate: Make no mistake: The mandate had a VERY bad day yesterday. As the New York Times writes, “Predicting the result in any Supreme Court case, much less one that will define the legacies of a president and a chief justice, is nothing like a science, and the case could still turn in various directions. But the available evidence indicated that the heart of the Affordable Care Act is in peril.” Liberals and Democrats are holding out for hope with Kennedy’s sentence at the end of yesterday (“The young person who is uninsured is uniquely, proximately, very close to affecting the rates of insurance and the costs of providing medical care in a way that is not true in other industries”), as well as with Chief Justice John Roberts’ tough questioning of the plaintiff’s attorney. The backseat “oral arguing” on the Democratic side is quite loud; the grumbling and handwringing about Solicitor General Donald Verrilli’s apparent inability -- at some points -- to make what some folks thought were easy rebuttals to the cell phone, broccoli and funeral analogies seem to frustrate not just those in the blogosphere but also in the White House. That said, plenty of Verrilli supporters out there who say folks are overreacting and point to the tough questioning the government received on the D.C. circuit and yet they still prevailed. As our friends at SCOTUS Blog note, Verrilli had the tougher case to make; Paul Clement had the easier one.
*** Beginning to accept reality? The breaking news from last night -- that Newt Gingrich’s campaign is laying off a third of its staff, replacing its campaign manager, and lightening its traveling schedule -- signals that Gingrich is getting closer to accepting the reality of a candidate who has won just two contests. Per NBC’s Alex Moe, “Gingrich’s campaign has been struggling to stay afloat financially for several weeks — posting slightly more debt than cash on hand in the last FEC filing for February. The former House Speaker, though, continues to promise he will go all the way to the Republican convention in Tampa this August unless another candidate obtains all 1,144 delegates beforehand.” Gingrich’s travel schedule is going to be so light at times that the question is going to be asked: Is he truly an “active” candidate or closer to being a candidate that “suspends” its operation? He’s sort of in between at this point.
*** Mr. Unfavorable? A new Washington Post/ABC poll has some rough numbers for Mitt Romney: “In the new poll, 50 percent of all adults and 52 percent of registered voters express unfavorable opinions of Romney, both higher — although marginally — than Obama has received in Post-ABC polling as far back as late 2006. However, the biggest difference between Romney and Obama is on the other side of the ledger: 53 percent of Americans hold favorable views of the president; for Romney, that number slides to 34 percent.” The good news for Romney: The general election is seven months away. The bad news: It’s seven months away. By the way, the Politico story on the proposed car elevator for Romney’s oceanfront home in San Diego is another one of those bad two- or three-word story for Romney, meaning it only takes two or three words to tell a negative narrative. The others: Swiss bank account, dog on roof, Etch A Sketch -- and now “car elevator” Too be sure, Obama has his as well (Obamacare, “flexibility,” etc.). But that is a lot of negative shorthand for a potential presidential challenger at this point in time.
*** Boehner scolds Romney for criticizing Obama while abroad: This story got lost in yesterday’s news, but it was pretty significant in our eyes. NBC’s Luke Russert reported that House Speaker Boehner took a dig at Romney for criticizing Obama while he was overseas. "Clearly while the president is overseas, he's at a conference and while the president is overseas I think it's appropriate that people not be critical of him or our country," Boehner said in response to a question from NBC News about whether he agreed with Romney's assessment that Russia is the "No.1 geopolitical foe" of the United States. By the way, Romney has an op-ed in Foreign Policy Magazine -- entitled “Bowing to the Kremlin” -- that doubles down on his criticism of Obama.
*** Obama leads in FL, OH, and PA: A series of new Quinnipiac battleground state polls shows Obama leading Romney in Florida (49%-42%), Ohio (47%-41%), and Pennsylvania (45%-42%). The president also is ahead of Santorum in all three states by a slightly larger margin (50%-37% in Florida, 47%-40% in Ohio, and 48%-41% in Pennsylvania). What’s fueling Obama’s lead? Quinnipiac says it’s female voters, who back Obama over Romney or Santorum by six to 19 points in these three states. But also, don’t miss the political party fav/unfav numbers. The GOP is SO under water in all three states that its favorable rating is below 40% in FL and OH, and it’s at 41% in PA… Dems are an average of five points better in all three states. So while the Obama White House had a really bad day at the Supreme Court yesterday, it can lick its wounds with these poll numbers, plus the Washington Post/ABC survey on Romney’s standing.
*** RNC staffing up in battleground states: The Republican National Committee is beginning to deploy staffers to key battleground states, RNC Political Director Rick Wiley tells First Read. The RNC already has staff in Florida, North Carolina and Virginia, and it will send staffers to Colorado, Michigan and Nevada by April 1. And by the end of next month, it will deploy staff to New Mexico, Ohio, and Pennsylvania. Of course, the RNC is playing catch-up here to the Obama campaign’s large organizations in these states and beyond. “Every day it’s the RNC’s job to keep our sights focused on President Obama to remind voters why we need a change in the White House in November,” Wiley says. “Running against the Obama campaign that spends every moment worried about re-election, it’s important we get started building out our ground game and contacting voters now so we are ready when our nominee walks in the door.”
*** Team Santorum narrows Romney’s ad-spending edge (just a bit): Yesterday, we wrote that Team Romney (campaign plus Super PAC) had a nearly 10-to-1 advertising advantage over Team Santorum in Wisconsin. But that margin has been narrowed somewhat after the Santorum campaign placed a $143,000 cable and broadcast buy in Wisconsin. It’s now almost 5-to-1, with Team Romney at $3.1 million and Team Santorum at $670,000. And in the final week of ad spending (March 26 to April 3), it’s 3-to-1, $1.9 million vs. $624,000.
*** On the trail, per NBC’s Adam Perez: Romney raises money in Dallas, TX… Santorum holds two "Rally for Rick" events in Wisconsin, one in Sparta and the other in Onalaska… And Gingrich gives a speech at Georgetown University in Washington, DC
*** Biden to talk manufacturing in Iowa: Also today, Vice President Biden delivers the third of his campaign speeches framing the general election. Biden gives this one in Davenport, IA and the topic is manufacturing. Per the advanced excerpts, Biden will say: “I’ve come here today with a simple message: Manufacturing is coming back. And that’s good news for America, and for America’s middle class.” More: “Mitt Romney has been remarkably consistent -- as an individual investor, a businessman, as Governor of Massachusetts, and now as a candidate for president. Remarkably consistent. Consistently wrong… When he was governor of Massachusetts, he vetoed a bill passed by the Massachusetts legislature that would have stopped the state from outsourcing contracts overseas. That resulted in millions of dollars flowing to companies running call centers in India.”
Countdown to DC, Maryland, Wisconsin primaries: 6 days
Countdown to Election Day: 223 days
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Scotus needs to toss this Bill, so we don't have to find out what is in it.
Whatever the merits, Obama locked in two gratitude pro votes when he appointed the young professor with virtually no legal experience, and the self described "wise latina woman" who said many times she would make better decisions than white males and was capable of ignoring the facts. Those two would vote in favor of the ACA under any circumstances no matter what it says.
Yes, we are hopeful that the so-called ACA, in reality a direct assault on liberty and the relationship of government to the people, will be OVERTURNED! We've known since DAY ONE that it was unconstitutional, and now we're about to have our prayers answered! Dump Obamacare!! Then Dump Obama! Too bad, libs....the supremes sound like, for once, they are adhering to constitutional tenants.
The author hit the nail on the head. The supreme court justices are simply politicians in robes (with lifetime appointments and no accountablility).
CBO: ObamaCare to cost DOUBLE what was projected, 1.4.....2Trillion dollars
Obama Lied
Waviers granted to Obama Donors and supporters
The democrat appointed justices will vote party line, the republician appointed ones will vote the constitution
Better watch it. You are dangerously close to being called a teabagger racist.
The constitution would allow the mandate, the Koch brothers will not. The supreme court is now officially
running the country and overturning presidential accomplishments their rich billionaire buddies dislike.
You mean like Warren Buffet?
Duh!
The Supreme Court isn't supreme at all, it's merely an extension of a political ideology. And in it's current make-up, a 5-4 conservative ideology.
Purely political.
Otherwise, so-called "obamacare" is a noble attempt to remove the "business" out of healthcare, and enter "service" into the equation.
We are the only "Western" society that doesn't ensure that all of it's citizens has access to quality healthcare.
Greed and selfishness is in play here ... and apparently, wins out.
More leftie spin from Todd etal! MSNBC does not have an unbiased bone in their corporate, commie body. Naturally , when things don't go their way, it becomes a thing of prejudice, of picking on the poor liberals who think everyone is entitled to a handout. Disgusting pieces of flesh, all of them. I hate these pariahs and never watch MSNBC! With MATTHEWS, MADCOW MADDOW, GREGORY! TODD, spewing garbage, who in their right mind would watch this cable station.No wonder they are last in the hearts of their countrymen!
Then why even post on this vine? You should know that no one will be swayed by your views boston blackie?
If the demoncrats want socialized medicine call it what it is and put forth a bill that will create medicare for all. Don't try and sneak it in the back door and call it something else. Of course everyone knows that the federal government cannot run any organization with any efficientcy and the cost will sky rocket even more than it is.
Canon - I'm 76 and on Medicare. I, and my fellow seniors, love our Medicare and, basically, it is socialized medicine, ergo, I love my socialized medicine. I think everyone should be on Medicare, but it isn't free. I paid into it since 1965 when it went into effect and $100 a month is deducted from my Social Security. In addition I pay $150 per month for supplemental insurances. Pretty cheap insurance when I consider that other people pay $900 a month for 80% coverage from private insurance companies.
Thats great. Now look at the cost. 63 Trillion dollars in unfunded liablity for medicare. Do you really think that this can go on for much longer. What you paid in to medicare in no way covers the actual cost. What I am paying in now is not even covering the cost for what you use. We borrow 40 cents on the dollar to keep the ponzi scam afloat. Pretty soon the piper must be paid. Sorry if the truth hurts but its is still the truth.
Since there are very few 9-0 decisions rendered by the Court why would we need to brace ourselves? This is another crap piece from First Read and the largely insufferable Chuck Todd. Hey, Chuck? Brace yourself. Keep on stating the obvious about "split decisions" of the Supremes and you're likely to be looking for actual work.
Cant wait untill Obama gets to put more liberal judges on the supreme court bench. Hell this law doesn't go far enough.
Obamacare has already had a major impact on my health insurance rates. The people that have insurance and had it for some time will bear the brunt of leaving children on till age 26 and paying for others through their insurance. Prior to Obamacare my insurance premiums were going up yearly about 8 to 10 %. Since then, I had an increase of 92% in 2010, another 18% in 2011, topped off by a 50% increase in 2012. One more increase as such in 2013 and I will be forced to drop my insurance. We, those with insurance, are victims of this insanity.
Why stop at 26 ? Why not cradle-to-grave like every other Socialist Utopia ?
Ritf, hold on for when the truth comes out, the AHCA may still be stand. Cause there is nothing in place to supercede it. No one has been harm by the act cause it hasn't gone into effect.
Split decision: Leftist judges voting to implement socialism vs. "right-wing" judges protecting American freedom.
Thank you George Bush for tilting the court in repubs favor to keep screwing up anything positive for our country!
There it is. Its Bush's Fault
LMAO
Ahhh....Bush. The gift that keeps on giving!
Yep. From now on I guess Bush will be the eternal scapegoat. Obama won't be held accountable for anything. At least not as far as M$NBC and the rest of the main stream media are concerned. Yep. It's all ol' Bush's fault. Case closed on that one again. roflmfao
Bush gets way to much credit for what the GOP party did. He's just the last guy they got in there to pass their legislation.
Its so tiring some days to read these posts,,,Our political system has purposely divided this country and we are just as guilty as our politicans!!!!!! I see hate, name calling, and worse,,,,,Does anyone have the answer to this question,,,,What happens to a house divided????????????????????? I'm waiting,,,,,,,,
It goes to congress.
Our country would be fine if the other side would give in.....cave.....no wait....compromise. That was the word I am looking for. It is (insert party here)'s fault.
I have been watching this argument bloom since 1970 , every time they suggest that cost of medical care is going up and people cant afford it Congress shoots down the notion of regulating it and it go's nowhere especially thru 20 years of the Bush families in office . So today we find our self in even a worst situation , the main Republican issue now is to don't kill Babbie's in the mothers woom rather kill them after they are born , which makes absolutly no since at all , It was the Republican Party that has allowed this problem to bloom since 1970 , and now they want to basically allow 40 million people plus to die on the hospitals doorstep due to the fact that they cant afford ins. or are denied ins. do the cost of the ins. my union ins. is $500.00 per month now . where will it end ....... this is not wellfare , it corparate greed backed by the right wing .
Simply put, the bottom will have to fall out before anything gets done with the problem of health care in this country.
Like most things these days congress just kicks anything that isn't dire down the road until it is to late to fix.
Unfortunate that we have a Supreme Court that uses the law to justify their political idealogy rather than focusing on applicability of law as it relates to the Constitution. Bad for the country no matter what side of the fence you are on.
About the only way they could get folks to eat this garbage was to mandate it.
Insurance is NOT the way to pay for medical costs. I would personally have been fine with a single payer scheme which provided basic care for those without insurance and insurance for those who wanted and could afford better.
Most of ALL sever the relationship between your JOB and INSURANCE. Let me go to CostCo and purchase quality group coverage for my 2 person business or just myself! Let me choose from an array of plans from pays for everything to hit by a bus and prohibit the medical industry from charging customers without insurance or with disaster only insurance more than other customers which makes medical savings accounts possible.
In fact how about medical savings accounts. When young you contribute and when older and you need the money there it is without having to make someone else pay.
IMPORTANT: This great country of ours, was founded on 'not being told what to do' or to be taxed to death and the money going somewhere else, once again, without our approval or any say-so. To be told what to to do, as in, you MUST purchase health care insurance, if you like it or not, even if you 'cannot afford' it, within your monthly budget.., sounds to me, it's unconstitutional. There are millions of americans', just 'above' the poverty line and cannot receive or pay for Medicare Part B or qualify for Medicaid. We need to think about our priorities and health care insurance for ALL americans', without taking food off of their tables, for an individual or families with children. Obama care.., will take food off the tables for millions of the middle-class, disabled, citizens on Social Security, poor and the homeless in America. I (HOPE) that two or three Justices on the Supreme Court will read and understand, what I have written.., because millions of americans' cannot afford health care insurance within their monthly budget, then to be 'penalized' for it. It's either food on the table or purchase health care insurance.., that they cannot afford. Mike in Montana
If this mandate is overturned and this court votes along "party lines" then our judicial system is as flawed and deadlocked as our legislative branch. It is an ugly time in this country!
They won't vote on "party" lines. They are appointed by a President and confirmed by the Senate. For life. They are not partisan but are sworn to uphold and defend the Constitution. Of course they do not all agree on every issue. They are not expected to. They are the only remaining federal entity between us idealogues of any stripe.
That said - it is likely and appropriate that they overturn the health care law. Such a law goes well beyond the limits previously set by the court, over a long period of time, with respect to the Commerce Clause. Congress should have understood that but since both chambers and the presidency were controlled completely by one party - they didn't care what the American people wanted or did not want.
I think one or more demonrats will vote against it too! SURPRISE, but at the end of the day , WHO cares, as long as it is killed. It was created to steal power and overthrow the constitution! It was and is about a power grab by Obama and Soros, and the communists who back them! They passed it because it fixed NOTHING, but broke everything! IF this goes forward congress can steal your property, bank accounts, savings, everything you ever had or built or earned! They will steal your kids, and laugh about it. You will wake up and be in a communist country the next day if this thing goes forward! NO ONE read it, because they k now it is about overthrowing our constitution.
I can understand that SCOTUS may have the jurisdiction to declare the mandate as unconstitutional, but if they overturn the entire Obamacare bill, it means that they are making law. That isn't the function of SCOTUS and, indeed if they do that, they are political. Their function is to interpret law, not make it. I'm disappointed in our present Supreme Court.
So if the determine that one law breaks another law, what is to be done?
Summertime> No. It does not mean they are making law. It means they are declaring a law made by Congress and signed into effect by the President as violative of the US Constitution. Big difference between striking down a law that never before existed and making new law.
If Obamacare LIVES..... our Constitution DIES.
...YAAAWN...The ACA will be voided by 6 to 3 with the women. Medicare is next or PHASED OUT" over 10 to 15 years. Without Medicare aspirin would be .10 cent a hundred, Office calls would be $10.00 and Prescriptions 90% less... So The Choice Is Easy Come November 6th... FIVE CHOICES: 1. Vote for a Socialist aiming at Fascism, OBAMANATION and his ILLEGAL CZARS.. 2., 3., 4., Vote for one of the "THREE COUTERFEIT CONSERVATIVES" = Business as usual.. 5. Vote for a true "CONSTITUTIONALIST" all his life, A War Hero, and Generous Doctor, "RON PAUL". "RON PAUL" will RE-CYCLE Washington,D.C. and FUMAGATE our Beloved WHITE HOUSE... GOD BLESS!