The Daily Caller: Justice Scalia scolds Obama solicitor general

[Patricia M. McBride]

I understand this was a high point yesterday, and the justices were quite actively asking a number of questions.  I also understand the solicitor general did not do well at all but was coached by Kagan and one other liberal justice (he kept saying "tax"; they kept correcting him by saying "penalty").  Scalia, however, apparently had him for lunch with several remarks....................not one of the Obama solicitor general's better days I suspect and from all reports, he did poorly.  (there is an audio at the link provided below).

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3.27.2012

While Solicitor General Donald Verrilli Jr. made the Obama administration’s  case for the constitutionality of the individual mandate in the health care law  Tuesday, Supreme Court Justice Antonin Scalia interrupted and lectured Verrilli  about American consumers, saying “These people [are] not stupid.”

Justice Elena Kagan, a former solicitor general appointed by President Obama  to the high court, sided with Verrilli in arguing that young people should be  required by the federal government to purchase health insurance because others  will subsidize their health care in the future.

Scalia shot back, arguing that young people will make the decision to buy  health insurance eventually and do not need to be forced by the federal  government to engage in commerce.

The transcript of the exchange is below:

GENERAL VERRILLI: To live in the modern world, everybody needs a  telephone. And the — the same thing with respect to the — you know, the  dairy price supports that — that the Court upheld in Wrightwood Dairy  and Rock Royal. You can look at those as disadvantageous contracts, as  forced transfers, that — you know, I suppose it’s theoretically true that you  could raise your kids without milk, but the reality is you’ve got to go to the  store and buy milk. And the commerce power — as a result of the exercise of the  commerce power, you’re subsidizing somebody else –

JUSTICE KAGAN: And this is especially true, isn’t it, General –

GENERAL VERRILLI: — because that’s the judgment Congress has made.

JUSTICE KAGAN: — Verrilli, because in this context, the subsidizers  eventually become the subsidized?

GENERAL VERRILLI: Well, that was the point I was trying to make, Justice  Kagan, that you’re young and healthy one day, but you don’t stay that way,  and the system works over time. And so I just don’t think it’s a fair  characterization of it. And it does get back to, I think, a problem I think  is important to understand –

JUSTICE SCALIA: These people not stupid. They’re going to buy insurance  later. They’re young and need the money now.

Read more:  http://dailycaller.com/2012/03/27/justice-scalia-to-obamas-solicito...

[Patricia M. McBride]

I think we are all aware of how important this is and certainly any outcome won't stop congress and the president from using the commerce clause again and again.  The only way to stop that would be for the supreme court to say and put in black and white exactly what the commerce clause applies to and it sure isn't health care.  I notice Scalia has also said that reading the 2,700 page health care bill was akin to cruel and unusual punishment (got to love this guys personality and tell it like it is attitude LOL), but that it had to be read "line by line".  I think some of it will be thrown out, and I truly contend that congress does not have the right to transfer there law making powers to the president and that it violates the separation of powers.  Just my thought on this, but I truly believe it does.

[Patricia M. McBride]

Agree John.  Not a chance and don't even have to guess what her vote will be!  Kennedy is the one we need to worry about and he is going to be hard to read.  He started off tough, but wimped sort of and chances are he will be the deciding vote, and I pray they throw the whole thing out which will get rid of the religious mandate too.