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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.


*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.



  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.

    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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