The Power of the SCOTUS II: "Release the Kagan!"

[Priceless]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I liked Scalia's rebuttal when the Solicitor General said people received care at ER's because of "societal norms to which we've obligated ourselves"

Scalia's response: Don't obligate yourselves

Translation: Doctors should let people die rather than treating them.

I also like that Scalia was excluding himself from society.

[amherstblackbear]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Someone should have asked whether it's the ER's place to determine applicability and breadth of coverage or, failing that, ability to pay.

Or perhaps Scalia had already thought it out, and reasoned that we could simply start micro-chipping people, pet dog-style, with information about health insurance or private escrow accounts for emergency care.

[WeWantMore]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I liked Scalia's rebuttal when the Solicitor General said people received care at ER's because of "societal norms to which we've obligated ourselves"

Scalia's response: Don't obligate yourselves

Translation: Doctors should let people die rather than treating them.

I also like that Scalia was excluding himself from society.

His point was, Congress has created this problem for itself. Can they then come back and say, "My god, look at this problem! Give us the power to fix it."?

Kennedy asked something similar, "Can you create commerce in order to regulate it?"

[WeWantMore]

Re: The Power of the SCOTUS II: "Release the Kagan!"

You just said you supported my position and half a post later its laughable. Hmmm...

Yeah, not quite.

I support ending subsidies, loopholes, tax breaks, etc. across the board. You aren't seriously suggesting that's Obama's position are you? He loves them long time. Just not for "big oil".

[FlagDUDE08]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Try again.

The judicial activism of the last 10 years has come from the right, not the left.

I never said that Roberts, Alito, and Scalia weren't put there for political reasons... after all, I think we all remember the Harriet Myers mess...

[GrinCDXX]

Re: The Power of the SCOTUS II: "Release the Kagan!"

His point was, Congress has created this problem for itself. Can they then come back and say, "My god, look at this problem! Give us the power to fix it."?

Kennedy asked something similar, "Can you create commerce in order to regulate it?"

If his point is that congress created society's unwillingness to let people die when they come to the ER, it's a really bad point.

[FlagDUDE08]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I liked Scalia's rebuttal when the Solicitor General said people received care at ER's because of "societal norms to which we've obligated ourselves"

Scalia's response: Don't obligate yourselves

Translation: Doctors should let people die rather than treating them.

I also like that Scalia was excluding himself from society.

You might not like it, but it makes sense. They're trying to legislate because "that's the way it's always been".

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

You might not like it, but it makes sense. They're trying to legislate because "that's the way it's always been".

How did this become Defense of Marriage?

[5mn_Major]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Yeah, not quite.

I support ending subsidies, loopholes, tax breaks, etc. across the board. You aren't seriously suggesting that's Obama's position are you? He loves them long time. Just not for "big oil".

So here's the GOP's chance to prove its against government interference in business while placing the debt as the priority all with no strings...and it didn't. Anything else is just excuses...

[MinnFan]

Re: The Power of the SCOTUS II: "Release the Kagan!"

So here's the GOP's chance to prove its against government interference in business while placing the debt as the priority all with no strings...and it didn't. Anything else is just excuses...

Then you'd have to get rid of them for all businesses. There is no way it would hold up in court. You can't just single out a specific industry and say that they don't get the same deductions that everyone else gets just because you don't like them.

[MinnFan]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I find it interesting that nobody that leans left here has come up with where the limit of gov't power should be yet.

To my mind, if the individual mandate is held up then there is no limit to gov't power anymore and the constitution is now worthless. Regardless I'm very curious to read the opinion from the democrat nominated (is that a better term) justices to see how they think congress gets that power from.

[FlagDUDE08]

Re: The Power of the SCOTUS II: "Release the Kagan!"

How did this become Defense of Marriage?

What is it with Cornell grads trying to assume my words on another tangent? First French Rage, now you... is LynahFan next?

I was referring to Antonin Scalia's response of "Don't obligate yourselves". Placing all of the artificial limits by means of habit is what's causing these issues.

[FlagDUDE08]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I find it interesting that nobody that leans left here has come up with where the limit of gov't power should be yet.

To my mind, if the individual mandate is held up then there is no limit to gov't power anymore and the constitution is now worthless. Regardless I'm very curious to read the opinion from the democrat nominated (is that a better term) justices to see how they think congress gets that power from.

That's because they don't want a limit in government power. They want mommy/daddy government to do everything for them.

[Priceless]

Re: The Power of the SCOTUS II: "Release the Kagan!"

His point was, Congress has created this problem for itself. Can they then come back and say, "My god, look at this problem! Give us the power to fix it."?

Kennedy asked something similar, "Can you create commerce in order to regulate it?"

Congress didn't legislate it. That's why the SG explained that they are "societal norms." Congress didn't say, "We have a crisis where poor people go to the ER, are refused care and die." It's the other way around. People who don't have the economic means go to the ER and receive care. The cost is then spread out to everyone. The Congress is responding to the morality in society. We, as a society, are not willing to stomach people being turned away by the hospital because they can't pay for care. If someone has a heart attack, the first paramedics on the scene do not go through the victim's wallet to look for proof of insurance before putting them in the ambulance. Maybe in Scalia's view they should.

[LynahFan]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I liked Scalia's rebuttal when the Solicitor General said people received care at ER's because of "societal norms to which we've obligated ourselves"

Scalia's response: Don't obligate yourselves

Translation: Doctors should let people die rather than treating them.

I also like that Scalia was excluding himself from society.

The solicitor general is an idiot. People receive care at hospitals because the hospitals are legally required to treat them. Congress may have chosen to pass COBRA because of societal norms, but whatever the reason, it is now the law of the land.