Transcript of hearing clues swing vote
The tenor of the the questions the justices are asking the plaintiff attorney and the U.S. Solicitor General makes it easy to see how they are leaning on the question of the constitutionality of Obamacare. A ruling is expected in June, but the Court is meeting today to take a preliminary vote and select the author of the majority opinion.
Knowledgeable observers say the crucial swing vote will be cast by Mr. Justice Anthony Kennedy.
- The Legendary
JUSTICE KENNEDY:
If the inevitable consequence of your position was that the Federal Government could just do this on its own, the Federal Government could have Medicaid, Medicare, and these insurance regulations, assume that's true, then how are the interests of federalism concerned? How are the interests of federalism concerned if, in Florida or Texas or some of the other objecting States, there are huge Federal bureaucracies doing what this bill allows the State bureaucracies to do? I know you have thought about that. I would just like your answer.
MR. CLEMENT:
I have, and I would like to elaborate that the one-word answer is "accountability."
If the Federal Government decides to spend money through Federal instrumentalities, and the citizen is hacked off about it, they can bring a Federal complaint to a Federal official working in a Federal agency. And what makes this so pernicious is that the Federal Government knows that the citizenry is not going to take lightly the idea that there are huge, new Federal bureaucracies popping up across the country. And so they get the benefit of administering this program through State officials, but then it makes it very confusing for the citizen, who doesn't like this. Do they complain to the State official because it's being administered by a State official in a state building...
JUSTICE KAGAN:
But, Mr. Clement, that is very confusing because the idea behind cooperative Federal/State programs was exactly a federalism idea. It was to give the States the ability to administer those programs. It was to give the States a great deal of flexibility in running those programs. And that's exactly what Medicaid is.
MR. CLEMENT:
Well, that's exactly what Medicaid was. The question is, what will it be going forward?
One need only click here to read the entire transcript of the day's oral arguments regarding the constitutionality of the health care act of 2010 before the Supreme Court:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-400.pdf
JUSTICE KENNEDY:
If the inevitable consequence of your position was that the Federal Government could just do this on its own, the Federal Government could have Medicaid, Medicare, and these insurance regulations, assume that's true, then how are the interests of federalism concerned? How are the interests of federalism concerned if, in Florida or Texas or some of the other objecting States, there are huge Federal bureaucracies doing what this bill allows the State bureaucracies to do? I know you have thought about that. I would just like your answer.
MR. CLEMENT:
I have, and I would like to elaborate that the one-word answer is "accountability."
If the Federal Government decides to spend money through Federal instrumentalities, and the citizen is hacked off about it, they can bring a Federal complaint to a Federal official working in a Federal agency. And what makes this so pernicious is that the Federal Government knows that the citizenry is not going to take lightly the idea that there are huge, new Federal bureaucracies popping up across the country. And so they get the benefit of administering this program through State officials, but then it makes it very confusing for the citizen, who doesn't like this. Do they complain to the State official because it's being administered by a State official in a state building...
JUSTICE KAGAN:
But, Mr. Clement, that is very confusing because the idea behind cooperative Federal/State programs was exactly a federalism idea. It was to give the States the ability to administer those programs. It was to give the States a great deal of flexibility in running those programs. And that's exactly what Medicaid is.
MR. CLEMENT:
Well, that's exactly what Medicaid was. The question is, what will it be going forward?
One need only click here to read the entire transcript of the day's oral arguments regarding the constitutionality of the health care act of 2010 before the Supreme Court:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-400.pdf
This Obamacare is going to be a bigger mess than the CEC taking care of our jails in McLennan County. Can you say, "State income Tax". I don't see how either entity can pull these things off without raising & creating new taxes at the Federal & State levels. What a mess.
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