Oral Arguments

[AirFlacco]

WOW, JUST WOW!


The toughest questions continue to come from the swing votes - Roberts and Kennedy - the two I was worried about. Roberts said can you make people buy cell phones-lol. This is what I posted yesterday. We will be forced to buy other things like electric cars and health food. People will be taxed for eating in Mcdonalds.

Unlike Kagan who makes her views known and not playing his hand like a cool poker player, Kennedy posed some tough questions himself.

"Can you create commerce to regulate it?" Kennedy asked Solicitor General Don Verrilli. That question addressed a key issue in the case about whether Congress exceeded its regulatory authority under the Commerce Clause.
Later, Kennedy said the law was unique and felt it was "changing the relationship between the individual and the (federal) government." He acknowledged the Court normally gives Congress the benefit of the doubt on laws that it passes but in this instance there was a "heavy burden of justification" necessary for supporters of ObamaCare to prove its legal worth.

What's not clear is if the answers provided by Verrilli satisfied Kennedy's apparent doubts.

The comments and questions from the other justices generally suggested they would fall along familiar ideological divisions.

"The argument here is that this ... may be necessary, but it's not proper because it violates an equally evident principle in the Constitution, which is that the federal government is not supposed to be a government that has all powers," Justice Antonin Scalia, considered to be on the conservative side of the bench, said at one point. "That it's supposed to be a government of limited powers. And that's what all this questioning has been about. What is left? If the government can do this, what, what else can it not do?"


Read more: http://www.foxnews.com/politics/2012...#ixzz1qLZDNl8b


The SG hasn't been able to answer a lot of questions asked him. Of course, he's an OBY guy just like Kagan is unqualfied never sitting on the bench.

Yesterday Alito asked if he could mention a precedence which all court decisions are based on and he said no. He got more questions today that he couldn't answer. I can do that much-lol.

First two days are bad for OBY CARE but it's a long way to go and nobody
knows.

As Kenny Rogers said, no when to hold em and know when to fold em and know when to run like hell.

THE GAMBLER