Wednesday, March 28, 2012

Too much to hope for?

The LA Times is reporting that the Court seems ready to strike down the entire Obamacare law:
The court’s conservatives sounded as though they had determined for themselves that the 2,700-page measure must be declared unconstitutional.

"One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia.

Agreeing, Justice Anthony Kennedy said it would be an "extreme proposition" to allow the various insurance regulations to stand after the mandate was struck down.
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. said they shared the view of Scalia and Kennedy that the law should stand or fall in total. Along with Justice Clarence Thomas, they would have a majority to strike down the entire statute as unconstitutional.
As I have already said, I think that, once you declare the individual mandate invalid, the correct Constitutional law answer is that the entire statute must be invalidated.  I just thought non-legal constraints might force a compromise.

[Update: CNN's legal analyst has downgraded the SCOTUS review from a trainwreck for Obama to a Plane wreck.  "Hard to imagine how things could be going much worse for the Obama Administration."]

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