UPDATE II — Well, at least today wasn’t a complete loss — Eric Holder was found guilty of contempt of Congress (17 Democrats voted, making it a truly bipartisan majority).
UPDATE — Obamacare upheld, as Roberts joins the Liberals. Un-fucking-believable.
Bottom line, (via SCOTUSblog):
In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn’t comply with the new requirements, rather than all of their funding.
SCOTUS insider reports on Chief Justice Roberts’s morning instructions to the justices: “At my signal, unleash hell.”
— Joshua Treviño (@jstrevino) June 28, 2012
Breaking: Justice Kennedy’s request to have the “Jaws” theme played as he arrives at the Supreme Court has been denied.
— John Hayward (@Doc_0) June 28, 2012
For a rabid political junkie, today feels like Christmas. And I still have to wait another hour and a half for my parents (the Supreme Court of the United States) to wake up so I can open my presents (a full repeal of Obamacare [or at least the Individual mandate] and finding Attorney General Eric Holder guilty of contempt of Congress.)
It’s going to be a terrible, horrible, no good, very bad day for Obama. Which means it will be a great day for America.
And you can betchyour ass I’ll be ‘spiking the football’ (and doing the Iggy Shuffle) in celebration.
- My predictions? Lots of tea leaf reading (and Obama [via the still-alive-and-well Journolist] tipping his hat to the leaked decision) lends me to believe that the Individual Mandate goes down 7-2, but that won’t be the big story. The big story will be that the entirety of Obamacare will be struck down 5-4.
- RELATED prediction — Oh, and this prediction isn’t a very big stretch — but upon repeal, there will be much crying, handwringing, calls of racism, and threats to murder the conservative members of SCOTUS. The MFM will spin like an F4 trying to convince us that this is somehow good for Obama and bad for Romeny. And there will be lots and lots of gloating, mockery, and spiking-of-the-football for those who love the Constitution and our country.
- A bipartisan House (with at least 14 Democrats) will vote to find Attorney General in Contempt of Congress for obstructing their investigation into the carried-out-according-to-plan (it was not botched) Operation Fast & Furious, which resulted in the death of Border Patrol Agent Brian Terry (White House Press Secretary Jim Carney: “Who is that?”) and hundreds of Mexican citizens.
- RELATED prediction — the U.S. attorney for the District of Columbia, Ronald C. Machen Jr., who is an Obama appointee, will ignore the citation and do absolutely nothing about it. Which is par for the course; a penalty for contempt has not been served since 1934 when President Hoover’s commerce secretary, William McCracken, was “jailed” at the Willard Hotel in Washington, D.C.. The MFM will spin this as a win for Obama and bad for Romney. The Congressional Black
CaucusBigots will storm out of the chambers, because RACISM! The Congressional White Caucus will remain and vote to hold Holder in contempt, because RACISM!