Is it possible that the healthcare mandate goes down in a blaze of glory after its bout with the Supreme Court? It certainly seems like a possibility as NBC and others are calling into question whether Obamacare can withstand the scrutiny of the Supreme Court or not. Will it stay or go?
Currently, it’s looking like the bill may not be able to stand up to the scrutiny coming it’s way from the Supreme Court Justices. While the four liberal justices are expected to vote to uphold Obamacare, the five on the conservative wing do not seem as likely. Supporters of Obamacare will need to sway at least one of the conservatives, but the testimony and questions today show it doesn’t seem likely.
One of the key arguments being picked up by the press comes from Justice Kennedy, who said:
But the reason, the reason this is concerning, is because it requires the individual to do an affirmative act. In the law of torts our tradition, our law, has been that you don't have the duty to rescue someone if that person is in danger. The blind man is walking in front of a car and you do not have a duty to stop him absent some relation between you. And there is some severe moral criticisms of that rule, but that's generally the rule.
And here the government is saying that the Federal Government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases and that changes the relationship of the Federal Government to the individual in the very fundamental way.
“This was a train wreck for the Obama administration. This law looks like it’s going to be struck down,” Toobin said on CNN. “All of the predictions including mine that the justices would not have a problem with this law were wrong.”
Toobin added, “"The only conservative justice who looked like he might uphold the law was Chief Justice Roberts who asked hard questions of both sides, all four liberal justices tried as hard as they could to make the arguments in favor of the law, but they were -- they did not meet with their success with their colleagues.”
On radio, Glenn pointed out that the four liberal justices were even having to help the Obama administration along. Justice Kagan and Justice Breyer had to speak up and “correct” the defendants who keep referring to the penalty for not buying the mandated insurance as a “tax”.
The tough questioning of the Obama Administration at the hearing led to Glenn to play some Barry White because he was so excited to see some “common sense eroticism” – basically saying that the Supreme Court Justices were quickly getting to the root of the issue with the law.
Stu did worry that the Obama campaign would, if the bill was struck down, use this case to say they need to be reelected so new Supreme Court Justices can be nominated.
“I want the thing stopped because it's one of the worst bills of all time but I think in ways they might be able to spin this as a positive for their campaign,” he warned.
Glenn said if the bill does get struck down, it will only add to fuel to the chaos that is currently sweeping the country and give more ammo to progressives in the upcoming spring and summer.
“What's going to happen with health care? Insurance companies - they have made all of their plans trying to base it on healthcare, on, well, the government is doing this. How many companies have already said, well, we're just getting rid of our healthcare? What happens now to our economy? We've churned it one way, churn it the other way. This guy is just destroying our country, just destroying it,” Glenn said.