VaticanAssassin
God Mod
- Joined
- Jul 21, 2011
- Posts
- 12,391
I hope my government doctor is not half as incompetent as my government lawyer.
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Quoting myself, since I ran out of original ideas in the 90s:
Mr. Verrilli seemed taken aback by the hostile reception from the court’s conservatives. He got off to a rocky start and never seemed to quite find his footing during his hour at the Supreme Court lectern.
http://www.nytimes.com/2012/03/28/u...ervative-justices-over-insurance-mandate.html
If this is true, and the law is overturned, it will be because of hubris not in the passage of the law, but in the defense of it. They clearly felt the Constitution was on their side, but Verrilli should not have walked in expecting it to be.
If that's the case, it's a fight they deserve to lose. This was a valid, intriguing and precedent-setting challenge to one of the largest social initiatives in the country's history. If they didn't recognize and value the process of vetting it, they deserve the KO for it.
Veteran Supreme Court watchers yesterday said the hearings were the first time since the fabled Bush v. Gore that the Supreme Court said "fuck precedents!" and went 100% partisan.
It started when "Justice" Scalia used RNC talking points in open court, and reached a climax when "Justice" Alito whined about insurance being "unfair" to those who don't make claims. Also, Kennedy appeared to be severely constipated yesterday, which usually signals conservative judicial activism.
The Solicitor General had argued 14 cases in front of the Supremes before, but he did an absolutely terrible job yesterday as he seemed profoundly bewildered by the Conservative bloc's willingness to discard "inconvenient" precedent.
For a moment it sounded like Alito was ready to rule against the entire idea of insurance...
Quoting myself, since I ran out of original ideas in the 90s:
Mr. Verrilli seemed taken aback by the hostile reception from the court’s conservatives. He got off to a rocky start and never seemed to quite find his footing during his hour at the Supreme Court lectern.
http://www.nytimes.com/2012/03/28/u...ervative-justices-over-insurance-mandate.html
If this is true, and the law is overturned, it will be because of hubris not in the passage of the law, but in the defense of it. They clearly felt the Constitution was on their side, but Verrilli should not have walked in expecting it to be.
If that's the case, it's a fight they deserve to lose. This was a valid, intriguing and precedent-setting challenge to one of the largest social initiatives in the country's history. If they didn't recognize and value the process of vetting it, they deserve the KO for it.
Veteran Supreme Court watchers yesterday said the hearings were the first time since the fabled Bush v. Gore that the Supreme Court said "fuck precedents!" and went 100% partisan.
It started when "Justice" Scalia used RNC talking points in open court, and reached a climax when "Justice" Alito whined about insurance being "unfair" to those who don't make claims. Also, Kennedy appeared to be severely constipated yesterday, which usually signals conservative judicial activism.
The Solicitor General had argued 14 cases in front of the Supremes before, but he did an absolutely terrible job yesterday as he seemed profoundly bewildered by the Conservative bloc's willingness to discard "inconvenient" precedent.
There is an excellent short writeup HERE about what we can expect if the Supreme Court starts ignoring precedent on a regular basis.
I am not qualified to gauge that, but if it's true, then even more reason to fault the lawyer his hubris. And if it's not hubris, preparation. And if not preparation...the law itself.Obviously I wasn't there, but it's hard to imagine that an Obama administration lawyer would walk into this Supreme Court expecting a fair shake. What planet has he been living on?
But I don't agree that the challenge is valid or intriguing. It's completely ridiculous, totally outside the boundary of mainstream jurisprudence, and anyone who gives it serious thought is a hack.