OpEdNews Op Eds

Will Supreme Court Kill the Obama Health Care Reform Plan?

By (about the author)     Permalink       (Page 1 of 1 pages)
Related Topic(s): ; ; ; ; ; ; ; ; ; ; (more...) , Add Tags  (less...) Add to My Group(s)

Must Read 8   Well Said 5   Supported 2  
View Ratings | Rate It

opednews.com Headlined to H1 3/19/10

Become a Fan
  (283 fans)

photo and image processing by Rob Kall
A Dark, Forboding Supreme Court Building


CBS reports that Idaho Will Sue If Health Care Bill Passes.
The Virginia attorney General has similar plans.
The rogue five right wing radical extremists who are running the reputation of the Supreme Court into cesspool territory could decide on whether the congressional vote on Health Care goes into law.
They crowned George Bush president, brazenly violating separations of powers laws. They turned the use election system into a corporatocracy, corruption the election process, perhaps irreparably. It may seem unlikely that the Supreme court would try to over-rule congress-- that it would go against the constitution's separation of powers rules. But the radical Supreme Court right wingers have already proven that they don't respect precedent or the constitution. Some of them, like Alito and Roberts, lied their way into their jobs, testifying they would not engage in legislation from the bench, that they would respect Stare Decisis. Some have called for their impeachment because of those lies-- not likely with Nancy Pelosi running the House.
I asked a few attorneys their take. Here's the question I presented to them:
I'm working on an article speculating that the supreme court could ultimately decide whether the obama healthcare legislation is enacted.
Two state Attorney generals have already said they'll sue the government if it passes. After the activism we've already seen from the SCOTUS, it would not be beyond the imagination for them to accept the case, then rule that the process the Democratic congress used was unconstitutional-- since they seem to have no problem breeching the bounds of separation of powers. What's your take?
Michael Ratner, attorney and president of the Center for Constitutional Rights, one of the first attorneys to defend Guantanamo prisoners , replied,
"I don't know the issue that well But as bad as Roberts is and much of the court, the general rule is that they will not interfere in how the Congress conducts itself on these matters---so I don't think such a suit would be successful. "
I asked the same question of Marjorie Cohn, immediate past president of the National Lawyers Guild, and she replied,
The Court will strike down laws Congress passes but I doubt it would get involved in micromanaging how Congress does its business.
I countered with this question, " And would you have said the same thing before the SCOTUS handed Bush the presidency?"
Ratner replied, with his last remark, perhaps, being the most telling.,
"Not really the same taking on this health bill--assuming it passes-- would be a direct interference with how congress does its business and an intervention would be very unusual to say the least on that issue
But of course everything is up for grabs with this court.
And Cohn replied,
Bush v Gore was an anomaly and didn't involve getting into how Congress does its business. The AGs can file their suits but I doubt the Court will hear the case. I could be wrong.
I put the two questions, combined, to attorney Andrew Kreig, executive director of the Justice Integrity Project, who replied,
"I agree. Bush v gore is the new legal standard and there is scant fight in most of the so called liberals, who are really centrists.
It's hard for some of these attorneys to imagine justices on the Supreme Court breaking precedent, breaking legal standards and even violating the constitution, but clearly, not entirely beyond the range of possibilities they consider.

Jane Hamsher reports there are 36 challenges to the bill already. She told me, in an interview, that Virginia already passed a law, challenging the law, saying they would not abide by the mandate. "There are at least five states" Hamsher reports, "That will challenge it. It's going to be the Gay Marriage of 2010. "

Hamsher's "Gay Marriage of 2010" take is a political one. But the right wing uses claws and fangs to go for the kill. They've used the five troglodyte majority they have on the Supreme Court to dismantle century old precedent. I think they'll try to castrate the Democratic congress's health reform bill-- they've been incredibly effective at making the Senate Democrats impotent already.

The movement of the right towards taking health reform to the Supreme court has already started with the lawsuits and laws passed challenging the legislation. This WILL be on the table, whether the Democrats like it or not, whether it has been done before, whether it is legal or not. The Roberts, Scalia, Thomas, Alito, Kennedy axis of right wing evil has shown they care not about precedent and are willing to re-draft huge volumes of the constitution. They have shown themselves to be willing and able to be dangerous to democracy and the separation of powers.

They have gone this way because Obama, Pelosi and the Democratic leaders have proven to be spineless in the face of high level crime and corruption. Alito should at least be questioned, with hearings held, considering impeachment, for lying to congress about his stare decesis intentions. It is not too late to visit the illegal actions of Bush appointees like Leura Canary and others in the DOJ. If the Democrats don't fight back hard, we will see the power the electorate endowed them with melt away. Power unused is not just power abdicated and thrown away. The failure to use Power given by the people is a betrayal of the people's faith and trust. When power is given and un-used the people have every reason not to trust those to who it was endowed.


The Democrats have a bit more than six months to find and use the power they were given-- no more excuses about filibusters, no more explanations that they are there to govern. They must act and not react. They must strike boldly against the right wingers who have, so far, neutralized and overcome them. They can do it, but it requires leadership that we have not yet seen. Harry Reid and Nancy Pelosi must appoint political Generals to engage in battle. I leave Obama out because at this point, knowing he cut a deal to kill the public option, I consider him a player who cannot be trusted as an ally.

 

Rob Kall is editor-in-chief, publisher and site architect of OpEdNews.com, President of Futurehealth, Inc, and an inventor. He hosts the Rob Kall Bottom Up Radio Show, aired in the Metro Philly area on AM 1360, WNJC. Over 200 podcasts are archived for downloading here, or can be accessed from iTunes. Rob is also published regularly on the Huffingtonpost.com

Rob Kall Wikipedia Page

Rob is, with Opednews.com the first media winner of the Pillar Award for supporting Whistleblowers and the first amendment.

See more Rob Kall articles here and, older ones, here. To learn more about Rob and OpEdNews.com, check out A Voice For Truth - ROB KALL | OM Times Magazine and this article. For Rob's work in non-political realms mostly before 2000, see his C.V..  and here's an article on the Storycon Summit Meeting he founded and organized for eight years. Press coverage in the Wall Street Journal: Party's Left Pushes for a Seat at the Table

Here is a one hour radio interview where Rob was a guest- on Envision This, and here is the transcript. 

To watch Rob having a lively conversation with John Conyers, then Chair of the House Judiciary committee, click hereWatch Rob speaking on Bottom up economics at the Occupy G8 Economic Summit, here.

Follow Rob on Twitter & Facebook. His quotes are here

My articles express my personal opinion, not the opinion of this website.


Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Follow Me on Twitter

Contact Author Contact Editor View Authors' Articles

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

A Conspiracy Conspiracy Theory

Terrifying Video: "I Don't Need a Warrant, Ma'am, Under Federal Law"

Cindy Sheehan Bugged in Denver

Ray McGovern Discusses Brutal Arrest at Secretary Clinton's Internet Freedom Speech

Libertarian Legacy? Ron Paul's Campaign Manager, 49, Dies Uninsured, Of Pneumonia, Leaving family $400,000 Debt

Interview: McCain Fellow Hanoi Hilton POW & Naval Academy Dorm-mate; Why He Won't Vote For McCain

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
24 people are discussing this page, with 57 comments
To view all comments:
Expand Comments
(Or you can set your preferences to show all comments, always)

but it does seem that SCOTUS is a part of the righ... by Mark Sashine on Friday, Mar 19, 2010 at 3:22:56 PM
there are progressives who believe Obama is indist... by Rob Kall on Friday, Mar 19, 2010 at 3:29:37 PM
Rob, you may be right that this whole procedure is... by William Cormier on Friday, Mar 19, 2010 at 5:11:38 PM
Not only is this court trying to stop any reform b... by Marika on Saturday, Mar 20, 2010 at 9:45:14 AM
Pray tell what statement is Roberts negating Marik... by Recce1 on Tuesday, Mar 23, 2010 at 8:16:09 PM
Please name an Obama led reform.I'm waiting.... by Miriam Callaghan on Saturday, Mar 20, 2010 at 1:41:49 PM
Taxes to pay for something we all require is one t... by Roger on Friday, Mar 19, 2010 at 5:38:59 PM
If SCOTUS overturns our Congress, I sincerely beli... by William Cormier on Friday, Mar 19, 2010 at 5:45:32 PM
gets away with this we can kiss everything goodbye... by Michael Shaw on Saturday, Mar 20, 2010 at 1:48:52 PM
to the best of my knowledge, can only rule onconst... by John Shriver on Saturday, Mar 20, 2010 at 3:10:12 PM
What Constitution are you reading John? The US Con... by Recce1 on Tuesday, Mar 23, 2010 at 8:23:26 PM
A slip of the fingers, recce1. My point was that t... by John Shriver on Wednesday, Mar 24, 2010 at 9:12:36 AM
I won't count the number of times I've has a slip ... by Recce1 on Thursday, Mar 25, 2010 at 6:42:44 PM
No, that is not the plan. And if they did so rule ... by thepen on Saturday, Mar 20, 2010 at 2:27:12 AM
Let me say up front that I am a progressive who ... by Nathan Nahm on Saturday, Mar 20, 2010 at 3:36:39 AM
If the individual states do file a petition and in... by William Cormier on Saturday, Mar 20, 2010 at 8:50:03 AM
The Police State is in full swing and this is only... by 911TRUTH on Saturday, Mar 20, 2010 at 1:09:11 PM
911Truth, can we assume you favor illegal immigrat... by Recce1 on Tuesday, Mar 23, 2010 at 8:26:28 PM
What I am saying is that the gov't always uses one... by 911TRUTH on Tuesday, Mar 23, 2010 at 10:31:01 PM
appears to be the only way to protect our rights, ... by John Shriver on Saturday, Mar 20, 2010 at 3:22:01 PM
that the lower court rulings, which seem almost ce... by John Sanchez Jr. on Saturday, Mar 20, 2010 at 8:59:13 AM
If the SCOTUS does this, it will be a massive smac... by Rob Kall on Saturday, Mar 20, 2010 at 10:21:16 AM
and if I may further speculate, it might be a tipp... by John Sanchez Jr. on Saturday, Mar 20, 2010 at 1:40:51 PM
God, let's hope so. Somebody's gotta do it and Con... by Techknowledgie on Saturday, Mar 20, 2010 at 1:12:03 PM
Buying insurance is the move that will make Americ... by charles mcgee on Saturday, Mar 20, 2010 at 1:15:48 PM
God help us! It just keeps getting "better and bet... by Michael Shaw on Saturday, Mar 20, 2010 at 1:16:07 PM
This bill forces everyone to pay thousands of doll... by Miriam Callaghan on Saturday, Mar 20, 2010 at 1:38:13 PM
With all due respect, Americans are already suffer... by William Cormier on Saturday, Mar 20, 2010 at 3:17:18 PM
The "majority" is forcing everyone to buy a corpor... by Miriam Callaghan on Saturday, Mar 20, 2010 at 3:31:39 PM
First, why are health care costs skyrocketing? We ... by William Cormier on Saturday, Mar 20, 2010 at 4:03:16 PM
On the straw man of the uninsured's use of ER's dr... by Miriam Callaghan on Saturday, Mar 20, 2010 at 10:57:40 PM
However, I do believe in Medicare for all that are... by William Cormier on Sunday, Mar 21, 2010 at 11:29:41 AM
Oh, and BTW, I did note that you basically ignored... by William Cormier on Saturday, Mar 20, 2010 at 4:08:45 PM
Article I, Section 7, of the Unites States Constit... by tomj on Saturday, Mar 20, 2010 at 2:12:43 PM
but there is a body of settled law and precedent r... by John Sanchez Jr. on Saturday, Mar 20, 2010 at 3:12:18 PM
"Article I, section 8 of the U.S. Constitution del... by Carol Thompson on Saturday, Mar 20, 2010 at 3:33:58 PM
Regardless of the damage done to us by "derived" c... by Techknowledgie on Saturday, Mar 20, 2010 at 6:20:46 PM
Carol, I hastily misread your comment. It appears ... by Techknowledgie on Saturday, Mar 20, 2010 at 6:32:24 PM
WOW!!! This article has almost as many diversified... by John Shriver on Saturday, Mar 20, 2010 at 3:41:28 PM
But, John... just look at all the goodies and shin... by Techknowledgie on Saturday, Mar 20, 2010 at 6:30:18 PM
be damned, I want my freedom back. I want the free... by John Shriver on Sunday, Mar 21, 2010 at 8:49:12 AM
The idea that " It may seem unlikely that the Sup... by Carl Reynolds on Saturday, Mar 20, 2010 at 6:57:30 PM
When our system is working as it should, your stat... by William Cormier on Saturday, Mar 20, 2010 at 7:15:05 PM
Bill,No Justices, even liberal ones, have ever cla... by Recce1 on Tuesday, Mar 23, 2010 at 8:11:26 PM
"In a new national poll, 65 percent of Americans s... by William Cormier on Wednesday, Mar 24, 2010 at 9:31:47 AM
Although we do have a cadre of fascist lackeys inf... by Bryan Emmel on Sunday, Mar 21, 2010 at 1:21:19 AM
I would love to see the lying Supremes impeached a... by HarveyY on Sunday, Mar 21, 2010 at 10:34:15 AM
I'm rereading my copy of the Constitution and stil... by John Shriver on Sunday, Mar 21, 2010 at 11:10:36 AM
I'm forced to consider whether Mr. Kall's title is... by John L. Mann on Sunday, Mar 21, 2010 at 2:00:25 PM
Your comment i valid to some extent, however, ther... by William Cormier on Sunday, Mar 21, 2010 at 2:27:47 PM
The Supreme Court works for the Health Insurance I... by Guitar Chris on Sunday, Mar 21, 2010 at 2:40:44 PM
In as much as I would have preferred single payer ... by Michael Shaw on Monday, Mar 22, 2010 at 12:34:20 PM
How are they going to object to the procedure? The... by Maxwell on Monday, Mar 22, 2010 at 9:09:10 AM
I believe health care along the lines of Canada or... by Maxwell on Monday, Mar 22, 2010 at 9:15:30 AM
As for the forced bit, not really, though a penalt... by Michael Shaw on Monday, Mar 22, 2010 at 2:20:07 PM
Proceedural! I know Obama expects to sign it into ... by Michael Shaw on Monday, Mar 22, 2010 at 2:30:59 PM
Nancy Pelosi's position that "impeachment is off t... by Paul Karsh on Monday, Mar 22, 2010 at 6:46:12 PM