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Well, Justice Scalia, that’s what a lot of Democrats thought . . .

. . . and they still voted for the bill.

Scalia on severability: Making us read this entire bill [i.e., Obamacare] would be cruel and unusual punishment.*

So, I guess that means he could still vote to uphold the constitutionality of the unpopular legislation.

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*Well, maybe that explains why most congressional Democrats failed to read the bill before voting in favor.  Such an action would violate the Eighth Amendment to the United States Constitution.

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5 Comments

  1. Our entire freedom to make our own health care choices now depends on whether Anthony Kennedy’s bowels are acting up.

    Comment by V the K — March 28, 2012 @ 9:45 pm - March 28, 2012

  2. I am hesitant to read too much into oral arguments, but I must say, while I thought we had a fair shot of overturning it before, I feel even better after these three days. Now we wait.

    Comment by Ryan — March 28, 2012 @ 10:59 pm - March 28, 2012

  3. Dan, you assume that the Democrats in Congress could read. Were they just lazy or could it be they were illiterate?

    Comment by JohninDublin — March 29, 2012 @ 1:33 am - March 29, 2012

  4. #3 – If they are D’s from the South and from an ethnic minority, I would choose the latter. (Hello, Hank Johnson and Sheila Jackson Lee.)

    And yes, I went there. Deal with it.

    Regards,
    Peter H.

    Comment by Peter Hughes — March 29, 2012 @ 11:49 am - March 29, 2012

  5. What’s weird about this one is, there is small daylight between the best and worst outcomes for Obama.

    Best outcome for Obama: Mandate is overturned, rest of the law is left in place. Why best? Because the rest of the law, without the mandate, ruins the insurance companies *as businesses*, which was His secret wish all along. America is then forced into single-payer. (Hat tip, Steven den Beste at HotAir.)

    Worst outcome for Obama: Mandate is overturned, along with the rest of the law. Why worst? Because it exposes Obama’s impotence and incompetence. Even liberals will be disgusted with him.

    I’m 80% certain the mandate will be overturned, thus 80% certain we will get one of the above outcomes. But which? *Severability* is the key issue, where we need Kennedy to show up and do the right thing.

    Comment by ILoveCapitalism — March 30, 2012 @ 7:20 pm - March 30, 2012

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