Day 3: Scalia Shows Out


Excerpted from NPR on this mornings Supreme Court HealthCare hearing:

Here, then, are our top five Scalia moments from Wednesday morning’s arguments:
Supreme Torture: On
Kneedler’s suggestion that justices pick parts of the bill that could
survive, Scalia invoked the Eighth Amendment — the one prohibiting cruel
and unusual punishment.

Scalia:
Mr. Kneedler, what happened to the Eighth Amendment? You really want us
to go through these 2,700 pages? (Laughter.) And do you really expect
the court to do that? Or do you expect us to give this function to our
law clerks? Is this not totally unrealistic? That we are going to go
through this enormous bill item by item and decide each one?

Speaking His Language: Scalia challenged Farr’s argument that when Congress said the insurance mandate was “essential” to the law, it meant “useful.”

Scalia: Is there any dictionary that gives that definition of “essential”? It’s very imaginative. Just give me one dictionary.
Farr: Well, but I think my point, Justice Scalia, is that they are not using it in the true dictionary sense.
Scalia: How do we know that? When people speak, I assume they are speaking English.

Deep Pockets: Scalia
grew sarcastic about the math involved when Farr asserted that federal
subsidies embedded in the health care law could help people afford
premiums even without an individual mandate that would drive more people
into the insurance market.

Scalia: And there is nothing about federal support that is unsustainable, right? That is infinite.

This guy should have been a comedian.  Read more of NPR article here.

If you are interested, but missed the SCOTUS Health Care oral arguments, here are the links to the three days of arguments:

http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Monday

http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Tuesday

http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-400


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