tag:blogger.com,1999:blog-4425587034622601550.post7162947519094942908..comments2023-09-15T04:27:57.129-04:00Comments on Commentarama: Obamacare Off-Broadway Preview in AtlantaAndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comBlogger18125tag:blogger.com,1999:blog-4425587034622601550.post-32224710953618471052011-06-09T16:37:16.320-04:002011-06-09T16:37:16.320-04:00Bev: Those e-mails are very much a part of why Ka...Bev: Those e-mails are very much a part of why Kagan should recuse herself. I alluded to them in "the input" to Katyal. Nobody can in good faith believe that she was not deeply involved in the planning of the defense of Obamacare in litigation. The fact that her signature is not on any of it means nothing. Her fingerprints are all over it.<br /><br />Gingrich is like the annoying relative who comes to dinner but won't leave. His candidacy will come to nothing, but Newt will probably keep going long after his campaign has taken its last breath.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-7195336825715581122011-06-09T16:12:36.353-04:002011-06-09T16:12:36.353-04:00A. Kagan may have to recuse herself because there ...A. Kagan may have to recuse herself because there are emails obtained trough a FOIA request indicating that she was directly and very much involved in crafting the legal defense for Obamacare. <br /><br />B. Gingrich was out weeks ago. He just didn't admit it. I guess his staff had to press it.BevfromNYChttps://www.blogger.com/profile/14953050916932306270noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-5968113151036569802011-06-09T15:55:43.672-04:002011-06-09T15:55:43.672-04:00T-Rav: Who's Justin Bieber?T-Rav: Who's Justin Bieber?LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-66405542580142851372011-06-09T15:36:20.600-04:002011-06-09T15:36:20.600-04:00LawHawk, I just got done scanning the Gingrich thi...LawHawk, I just got done scanning the Gingrich thing on other sites. Officially, Fox News is saying it's because the aides are all mad at Gingrich for taking that Caribbean cruise, but he actually got back and on the campaign trail yesterday. Speculation among bloggers is that they're jumping ship in favor of Rick Perry, because two of the people resigning are the governor's former reelection campaign manager and former chief political adviser. And apparently when discussing a potential run, Perry had said he didn't want to do it without the latter of the two. Hmmmm....T-Ravhttps://www.blogger.com/profile/10861218035729479354noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-30463582133344671042011-06-09T15:30:38.949-04:002011-06-09T15:30:38.949-04:00Tennessee: I know your comments well enough not t...Tennessee: I know your comments well enough not to have thought you're a compulsive gambler. Sorry if it looked that way. I am one of those freaks who won't even buy a lottery ticket.<br /><br />I can't tell you why I think this, but my best guess is that the panel will rule on Vinson's decision straight up, and leave injunctive relief to the Supreme Court. If the panel does order injunctive relief, I believe that you're right about it moving more quickly to the Supreme Court.<br /><br />As for injunctive relief from the high court, it's possible the Supreme Court will do it, but they are generally reluctant to do so while they wait to see how their decision works out. After <i>Brown v Board of Education</i>, they waited almost ten years before ruling "desegrate, <i>now</i>!"<br /><br /><br />And isn't it a wonderful dream to see Obama trying to explain why his only major legislative accomplishment just went down the constitutional drain? Court-packing scheme anyone? Still, Obama made the Congress critters do his dirty work for him, so he can always blame it on them for misunderstanding how he wanted to do it.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-7229078883721978222011-06-09T15:12:06.519-04:002011-06-09T15:12:06.519-04:00By the way, Hawk, fairness dictates that I point o...By the way, Hawk, fairness dictates that I point out that my little mind, out racing my fingers, somehow left out the "if I w" from the beginning of my response. I actually am not a betting man, even if outsiders might think that, as a former underwiter, that would be exactly what I am.<br /><br />Again though, I would ask: "if the Atlanta panel does rule in favor of the states" is there any potential to once again request injunctive relief pending appeal? As you recall, Vinson did not require the feds. to cease and desist implementation.<br /><br />I realize the real bottom line rests with S.O.T.U.S., but believe rolling it back to cease and desist would 1) be a political psychological boost and 2) MIGHT just spur SCOTUS to here prior to 2012 election.<br /><br />I for one would welcome Obama having to campaign while his "signature" and only accomplishment (I don't count ruining the economy as an accomplishment) is snatched away. It would greatly remind me of Lord Yabu taking a leak on Captain Blackthorne's back in the novel "Shogun." It is a thought I would find greatly pleasing.Tennessee Jedhttps://www.blogger.com/profile/10604275115906776992noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-70177626457942952342011-06-09T14:54:22.456-04:002011-06-09T14:54:22.456-04:00Andrew: I mentioned one of those cases in the art...Andrew: I mentioned one of those cases in the article, but I don't think we can take that as a firm guide. This case is going to be about the very survival of Obamacare, and she's going to be under a great deal of pressure. Still, your guess is as good as mine. Maybe I just don't trust anyone from Harvard Law. LOL<br /><br />I also wonder what will happen if she picks up the theme of Justice Thomas recusing himself, as I mentioned to Tennessee Jed. If they did that, it's 3-3 with a swing vote. And I never know what Justice Kennedy is going to do, though I suspect on this one he will be with Roberts, Alito and Scalia.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-78721456814212187072011-06-09T14:08:10.767-04:002011-06-09T14:08:10.767-04:00I actually think she will recuse herself because s...I actually think she will recuse herself because she has recused herself from other cases she worked on for Obama. In the end though, it probably won't matter because it will be either 5-4 or 5-3. It will only matter if Obama gets to appoint another judge before the decision.AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-21555353651788919822011-06-09T13:23:25.709-04:002011-06-09T13:23:25.709-04:00Stan: That is a great story. And it's one th...Stan: That is a great story. And it's one that I suspect could be repeated in California, Texas, Arizona, Nevada and New Mexico. I wouldn't want to be picking onions in Georgia or lettuce in California, but if that's all that's available, of course I would if it meant feeding my family and keeping a roof over our heads. Besides, I could use the exercise. LOL<br /><br />Here in California, our problem is no longer not having enough people to pick the crops. Our problem is not having enough crops for the people to pick because of government intrusion (the Delta smelt). Either way, this administration is destructive and grossly negligent at the same time. Its priorities are simply all wrong. Obamacare is just the most obvious government boondoggle.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-36090951471896464592011-06-09T13:09:53.840-04:002011-06-09T13:09:53.840-04:00A wonderful anecdote not related to your great art...A wonderful anecdote not related to your great article on the Barrycare appeals. We’ve passed what is being described as a anti-illegal immigrant law here in GA, enforcement slated to begin 7/1/11. Many invaders are fleeing the state…yeah. In South Georgia there is a farmer who lost all of his immigrant labor to pick, I believe Vidalia Onions, and was on the news complaining how he couldn’t bring in his crop. So the farmer in what he thought was a last ditch effort went into the small town to find help, and was attacked by willing Americans to do the job. He came back on the local news, blown away by the willingness of Americans to do a job “Americans won’t do.” This was related to a discussion from the other day, an interesting anecdote, don’t you think? <br /><br />No worries in your obvious disdain for the City of Atlanta…only kidding! <br /><br />And T-Rav, I whole heartedly agree with your love of “Fringe” it started slow, but has become a quality show, Walter is cool.StanHhttps://www.blogger.com/profile/07395708786509590321noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-10723702135238548212011-06-09T12:20:16.465-04:002011-06-09T12:20:16.465-04:00Stan: Don't give up hope yet. Even if Kagan ...Stan: Don't give up hope yet. Even if Kagan stays on (which I'm pretty sure she will), it's 4-4 with a swing vote. If I were a betting man like Tennessee, I'd place a <i>small</i> wager that Obamacare will be gutted at the Supreme Court.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-63248407887224448562011-06-09T12:17:15.858-04:002011-06-09T12:17:15.858-04:00T-Rav: The arguments for the plaintiffs were very...T-Rav: The arguments for the plaintiffs were very good, and the judges seemed to be asking question which would lean toward those arguments. But as I said, sometimes it seems that they're favoring one side, and it turns out they asked the questions to clarify the issue that they're ultimately going to reject.<br /><br />I found the picture on the internet a long time ago, and have just been waiting to use it. I'm pretty sure it's a spoof, but who knows?LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-955290926803423772011-06-09T12:13:42.934-04:002011-06-09T12:13:42.934-04:00Joel: Odds are you're right on Kagan. Which ...Joel: Odds are you're right on Kagan. Which means we're back to worrying about the swing vote, Justice Kennedy. I think Obamacare will lose. If Kagan were to do the right thing and recuse herself, I would be sure of it.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-70260431657004352812011-06-09T12:09:45.979-04:002011-06-09T12:09:45.979-04:00Tennessee: I've lost much of my faith in the ...Tennessee: I've lost much of my faith in the ability of these people to demonstrate the least amount of decency and fair play. I'm afraid you're probably right.<br /><br />One of the reasons I think that, is the left and their friends in the MSM have been setting this up for a few months now. Their thing is that Clarence Thomas should also recuse himself because his wife has been a leader in both anti-abortion and anti-Obamacare organizations. That's the <i>tu quoque</i> argument, and it's utter nonsense. The two things are entirely different. But the average guys might look at it and say, "that makes sense--they should both recuse themselves, or neither should." It's a nonsensical comparison that holds no ethical water at all. But they will use it anyway.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-30574543656170784092011-06-09T10:02:46.161-04:002011-06-09T10:02:46.161-04:00This as you stated took place here in Atlanta, and...This as you stated took place here in Atlanta, and the Tea Party had a respectable protest in front of the court building downtown, our side is learning. As far as Kagan, sadly I’m with Jed, this is the whole enchilada for our leftist, she will not recuse herself…the ends justify the means. That being said, the fury of the American people will sweep it away in 2012.StanHhttps://www.blogger.com/profile/07395708786509590321noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-53474750804822771322011-06-09T10:00:02.877-04:002011-06-09T10:00:02.877-04:00LawHawk, I noticed this story last night and rumor...LawHawk, I noticed this story last night and rumor was that the 11th Circuit was more likely to rule against Obamacare than for it. They might have been moved by one of the plaintiff's lawyer's argument: if there really is a Constitutional power to do things like require the purchase of health care, wouldn't the Founders have specified limits on that power as well? I think that's what they were saying; it was something like that. <br /><br />Like Jed and Joel, I don't see Kagan staying out of this. She'll probably decide that this is too important to the country, and she alone has the experience necessary to arrive at the right decision, or something. <br /><br />Also, I probably already know the answer to this, but is that picture by the headline real?T-Ravhttps://www.blogger.com/profile/10861218035729479354noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-42688786999888069182011-06-09T09:39:56.890-04:002011-06-09T09:39:56.890-04:00LawHawk,
I am with Jed. Kagan won't recuse he...LawHawk,<br /><br />I am with Jed. Kagan won't recuse herself. Too much is at stake. Her master won't allow it. She will find it within her spirit (I don't want to say soul. Deference to atheists, you know and she is a liberal.) to jump in this mess with both feet.<br /><br />The sooner the Supreme Court rules against this Obamanation the better.Joel Farnhamhttps://www.blogger.com/profile/15856960977033430002noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-25612272399426210462011-06-09T09:09:39.616-04:002011-06-09T09:09:39.616-04:00Hawk - as a betting man, I would say she will not ...Hawk - as a betting man, I would say she will not recuse herself. I hate to use Weinergate or Clinton's impeachment as examples, but when it comes to "the cause" liberals seem to have little, if any, shame. In other words, it matters little if there were less valid reasons for a prior case where she did recuse herself. This is the enchilada and I simply cannot believe she would sit on the sidelines, particularly when this appears to be headed down to the Kennedy wire so to speak.<br /><br />Question: Any chance if this court ruled against Obamacare they might agree to the temporary injunctive relief that Vinson did not grant?Tennessee Jedhttps://www.blogger.com/profile/10604275115906776992noreply@blogger.com