by Smitty
Via the comments at Breitbart:
Justice Elena Kagan asked whether refusing to buy insurance would constitute breaking the law, to which Verrilli responded that if people “pay the tax, then they are in compliance with the law.” That caught the attention of Justice Stephen Breyer.
“Why do you keep saying tax?” Breyer interjected, to more laughs.
At a high enough level of abstraction, this guy is an Administration comic unable to keep it straight while delivering his lines. In his decadence, he recalls Stefon on SNL.
What this pack of jackwagons are about is tantamount to an Article V re-write of the Constitution. And the stare decisis argument is hogwash. If George Clooney personifies Progress, then the Constitution is a sweet young thing that has been pushed just a little too far over these last years, IYKWIMAITYD. Does stare decisis mean a pass for George to do whatever? I think not.
A Professor Randy Barnett audio of day 1 is available here. Right-clicking and downloading the .mp3 worked better for me.
Virginia AG Cuccinelli’s commentary is here.
After listening to the audio, I think that the Administration’s Postmodern attempt to argue that ObamaCare isn’t a tax, except for when it is, gets right to the heart of the diabolical falsehood in question here.
Update: linked by That Mr. G Guy
This is what pisses me off about this election cycle. If Palin hadn’t been run out of the race, or if conservatives could have gotten behind Bachmann, the one and only Tea Party conservative in the race, we might have had a chance of fielding conservative jurists who would have made short work of this and other liberal laws and judicial activist decisions. But no, you guys allowed yourselves to be distracted by fucking delusional bullshitters like Perry, Cain, and Santorum. Thanks a fucking lot. If Obama wins reelection and manages to stack the court, my conscience is clear.
They are being quite the Postmodernists.
Thankfully, even Justice Ginsberg was not amused by the twisted logic and reasoning on display:
…The Tax Injunction Act does not apply to penalties that are designed to induce compliance with the law rather than to raise revenue. And this is not a revenue-raising measure, because, if it’s successful, they won’t — nobody will pay the penalty and there will be no revenue to raise.
It is clearly not a tax, but a penalty.
Source: http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Monday.pdf
Perhaps it is a taxing mandate?
It’s a steaming load of poo, and these dogs deserve to have their faces rubbed in the feces.
But no, you guys allowed yourselves to be distracted by fucking delusional bullshitters like Perry, Cain, and Santorum.
Kindly focus your anger at the assholes who pushed Palin out of the race.
And by “assholes”, I do include the idiots in the RNC.
PS: You forgot to include Romney in your venting up there.
I’m wondering when someone will bring up the fact that if it wasn’t a tax, it couldn’t have passed the Senate under “reconciliation”, but under normal rules allowing a filibuster.
I’m sure that’s in somebody’s brief.
If I forgot to include anybody it would be Gingrich, who I allowed myself to be distracted by, but in my defense by that time Bachmann was out of the race, and Newt was the closest thing there was to a Tea Party conservative, though that was probably just another delusional bunch of crap.
Romney is Romney. The only people he’s distracted are those who believe he’s the most electable candidate, but most of those aren’t conservatives. But as time goes on there are those of us who have been resigned to him, because none of these other clowns have what it takes.
And actually I’m starting to feel good about him. At least he has some gravitas as a man who knows how to cut waste, fraud, and abuse. And he probably can do so in all areas of government, including areas Santorum not only probably wouldn’t touch, but would probably add to the waste in the same old musical chairs routine that’s been going on for fucking years.
In the meantime Santorum has dissed the Tea Party and the Libertarian wing of the party while talking bullshit out of the other side of his mouth about how he was “tea party before tea party was cool”.
Seeing is believing. If Mitt can honestly respect and govern by federalist principles that’s more than good enough for me.
So, if you pay the tax, you can vote…..puts a whole new spin on the issue when put forth like that, eh?
If SCOTUS upholds the mandate then all bets are off because it will be the final nail in the coffin of The Constitution. Therefore, we, as the Sovereignty, will have the right and the duty at that point to invoke The Declaration Of Independence.
[…] through about $2 million for nothing.” – Robert Stacy McCain, Jan. 30In a comment on Smitty’s post this morning, Pagan Temple begins his complaint with these two hypothetical regrets:“If Palin hadn’t […]
“Seeing is believing.”
Until someone shakes his Etch-a-Sketch.
“If Mitt can honestly respect and govern by federalist principles that’s more than good enough for me.”
That however is the big unknown that a lot of people are hesitant to gamble on.
His record is not that encouraging — stating that you are upholding the will of the people, when what you are desiring to pass as legislation takes away the expression of that same will makes for a very shaky response.
I’m not checking those guys’ briefs, no way!
Reconciliation is for all budget matters, which is how it was presented, NOT as a tax (remember at the time they were furiously denying it was a tax).
It is also the method by which it can be repealed over a Democratic filibuster if we take the Senate.
Let’s not start popping the champagne corks just yet… But this is potential good news.
It feels sort of like Lord of the Rings, but instead of a relying on two little hobbits to destroy the ring in Modor, we are relying on Tony Kennedy to do the right thing. Maybe I do need a drink right now.
No one “pushed” Palin out of the race. For one thing, that would imply that Palin actually got into the race, instead of playing her little game up to the point where she said “oh, crap, I forgot to put together a staff” and I missed all the debates.
IF anything, you should be pissed of at Palin for jerking all her supporters around for years, and then not having the fortitude to do more than talk. Oh, and trying to fund-raise the night before she finally dropped the axe on running.
Wombat, I linked you guys to that post.
I linked above. FWISW.
http://www.pixiq.com/article/deputy-loses-job-after-photographed-mowing-lawn-in-underwear This guy got fired for mowing the grass in his briefs!
”
And actually I’m starting to feel good about him.”
Eating boogers’ll do that to you TPT.
[…] but he sure brought forth the laughs during his arguments before the Supreme Court yesterday. Smitty at TOM has the video plus this little snippet; Justice Elena Kagan asked whether refusing to buy insurance […]
LOL
Sorry, I couldn’t give yoour post any credibility: your negatives were too high.
Plus, you look like you might be a Christian.
Lord of the Mandates
Yesterday it was not tax but a penalty and now it is a tax again. They cannot even get their own arguments straight.
Romney couldn’t identify principles let alone “federalist principles” if they assaulted him in prison.
I suspect the final nail has already been driven however your assessment is correct. 1776 moment or 1861?
If SCOTUS upholds the mandate then all bets are off because it will be the final nail in the coffin of The Constitution. Therefore, we, as the Sovereignty, will have the right and the duty at that point to invoke The Declaration Of Independence.
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