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The United States Supreme Court has finished issuing its decisions for today, per SCOTUSblog's continuing coverage.

This means that the Affordable Care Act decision will be released on Thursday, at some point after 10AM.

According to Tom at SCOTUS (Supreme Court of the United States) blog, "From the opinion authorship, health care is almost certainly being written by C[hief][Justice] [John] Roberts, perhaps in part with Justice Kennedy." Probably not good news, but we'll have to wait until Thursday to find out.

The above quote is from the same live blog coverage as the link. Click on "9:00-6:00 coverage" at the bottom of the page, then scroll down to the end of the coverage.

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Comment Preferences

  •  Sorry for the tiny diary (10+ / 0-)

    Considering the importance of this decision and the effects it will have on so many millions across our country - in some cases, a literal life-or-death situation - I hope I will be forgiven for bringing the news here as fast as I could!

    - Stephen

    "We are the leaders we've been waiting for." - Paul Wellstone

    by MrLiberal on Mon Jun 25, 2012 at 08:06:37 AM PDT

  •  How do we know (2+ / 0-)
    Recommended by:
    RonV, statsone

    that Roberts is writing the opinion?  I agree that if he is... that does not bode well for the law.

    I vote Democratic because I am a woman with self-respect , who rejects bigotry of all kinds, subscribes to science, believes in universal health care, embraces unions, and endorses smart internationalist foreign policy.

    by Delilah on Mon Jun 25, 2012 at 08:07:19 AM PDT

  •  I'd be much more worried if, say... (8+ / 0-)

    Scalia was writing the opinion. So, it may not spell certain doom to have Roberts as the author.

    "I was so easy to defeat, I was so easy to control, I didn't even know there was a war." -9.75, -8.41

    by RonV on Mon Jun 25, 2012 at 08:14:50 AM PDT

  •  I suppose... (3+ / 0-)

    ..this is good news for the Daily Kos front page writers.

    This gives them 2.5  more days to fear-monger the topic.

    Daily Kos Rule of Thumb #1: Any optimistic prediction for a Democratic candidate is a slippery slope to complacency.

    by wyvern on Mon Jun 25, 2012 at 08:14:55 AM PDT

    •  LOL (3+ / 0-)

      i'm so glad i'm not the only one.  sadly, the phenomenon is not limited to front pagers.

      : /

      Die with your boots on. If you're gonna try, well stick around. Gonna cry? Just move along. The truth of all predictions is always in your hands. - Iron Maiden

      by Cedwyn on Mon Jun 25, 2012 at 08:24:49 AM PDT

      [ Parent ]

      •  I am.. (2+ / 0-)
        Recommended by:
        Cedwyn, GRLionsFan

        ..willing to give everybody else a pass.

        But the front page people need to gain control of themselves.

        Daily Kos Rule of Thumb #1: Any optimistic prediction for a Democratic candidate is a slippery slope to complacency.

        by wyvern on Mon Jun 25, 2012 at 08:30:29 AM PDT

        [ Parent ]

        •  Do you honestly beleive (0+ / 0-)

          The aCA has a chance? In light of the rest of the term?  Let's us put it this way:  the US Chamber of Commerce has not lost once this term.  You really think this is the one they lose?   I find that astonishing

          Courtesy Kos. Trying to call on the better angels of our nature.

          by Mindful Nature on Mon Jun 25, 2012 at 08:39:47 AM PDT

          [ Parent ]

          •  what wyvern, myself, even the front pagers (1+ / 0-)
            Recommended by:
            Smoh

            "believe" doesn't matter here.  wyvern's complaint isn't that anyone is stating a belief; it's just the opposite.  the problem is that instead of stating actual beliefs, it's been a steady stream of "zomg!  oh noes!  look at teh catastrophe if this happens."

            like i said...it's handwringing for the sake of handwringing.

            Die with your boots on. If you're gonna try, well stick around. Gonna cry? Just move along. The truth of all predictions is always in your hands. - Iron Maiden

            by Cedwyn on Mon Jun 25, 2012 at 08:44:14 AM PDT

            [ Parent ]

            •  pee ess (0+ / 0-)

              it's also particularly galling because said diaries don't tell us anything we don't already know.

              Die with your boots on. If you're gonna try, well stick around. Gonna cry? Just move along. The truth of all predictions is always in your hands. - Iron Maiden

              by Cedwyn on Mon Jun 25, 2012 at 08:45:41 AM PDT

              [ Parent ]

            •  Well, sorta.. (1+ / 0-)
              Recommended by:
              Cedwyn

              ..I see it more as the front page writers using the looming ACA decision as a method to play on our emotions. Namely,  the emotion of fear.

              They usually use polls to reach this same desired effect; the ACA decision provides 100 times more oomph.

               When it comes to the ACA decision, you have the front page "experts" providing these hackneyed penny dreadfuls.

               It's meant to increase hits to the website & little else.

              Daily Kos Rule of Thumb #1: Any optimistic prediction for a Democratic candidate is a slippery slope to complacency.

              by wyvern on Mon Jun 25, 2012 at 09:13:13 AM PDT

              [ Parent ]

              •  Well I see it differently (0+ / 0-)

                it seems entirely reasonable for a political blog to consider the consequences of political events that are highly likely.  I think it also entirely legitimate to write about what would happen if the euro collapses or Romney wins the election.   Neither has happened, but both are likely albeit less likely that the ACA being overturned.  However, both are events worthy of consideration. I think that's the role of the blog to consider

                Courtesy Kos. Trying to call on the better angels of our nature.

                by Mindful Nature on Mon Jun 25, 2012 at 09:27:53 AM PDT

                [ Parent ]

                •  My point is... (1+ / 0-)
                  Recommended by:
                  Cedwyn

                  ..both you & I are both too intelligent to fall prey to Internet fear-mongering.  

                  And to be subjected to wild speculations that serves no purpose except to arouse our emotions.

                  Of course, if Daily Kos suddenly stopped trafficking in wild speculations that serves no purpose except to arouse our emotions, Daily Kos would cease to exist.

                  I suppose that is a legitimate consideration.

                  Daily Kos Rule of Thumb #1: Any optimistic prediction for a Democratic candidate is a slippery slope to complacency.

                  by wyvern on Mon Jun 25, 2012 at 09:34:36 AM PDT

                  [ Parent ]

                  •  It's hardly wild speculation. (1+ / 0-)
                    Recommended by:
                    metal prophet

                    The ACA is extremely likely to be overturned on Thursday.  Since the provisions have already been implemented, it behooves us to have a sense of what the political landscape will look like next week.  Of course, we have a pretty good idea, since it'll look like it looked two years ago.  Nevertheless, this is not wild speculation

                    And you'll recall that the purpose of this site is to promote electoral victory.  As I'm sure you are painfully aware, no one every wins American elections based on dispassionate analysis.  No, emotion, including outrage and an impassioned vision for the future, are the very coin of politics.  If one wants to win, one needs to have an emotionally engaged base.

                    Courtesy Kos. Trying to call on the better angels of our nature.

                    by Mindful Nature on Mon Jun 25, 2012 at 09:54:47 AM PDT

                    [ Parent ]

                    •  but there's no new info in these diaries (0+ / 0-)

                      that's the point.  

                      either ACA will be upheld/overturned or it won't.  freaking out over every opinion expressed on the matter is worse than useless.

                      Since the provisions have already been implemented, it behooves us to have a sense of what the political landscape will look like next week.
                      except that we can't know, because we don't know what's being struck/upheld/whatever.  and again, it's kind of a tautology that we lose the provisions of the ACA if it is struck down.  fucking duh.  

                      so diary after diary about losing this or that (good luck pulling already disbursed funds back in!) provision is not news in any sense of the word and they serve absolutely zero purpose.

                      Die with your boots on. If you're gonna try, well stick around. Gonna cry? Just move along. The truth of all predictions is always in your hands. - Iron Maiden

                      by Cedwyn on Tue Jun 26, 2012 at 07:07:54 AM PDT

                      [ Parent ]

  •  I dont think Roberts writing the opinion (5+ / 0-)

    means anything.

    It's a huge case, he would likely want to write the decision either way. And as MRobDC suggests, it could be good news since there is the possibility the law is upheld and Roberts wants to write a narrow opinion.

  •  I read this too (5+ / 0-)
    Recommended by:
    restondem, Fury, briefer, Smoh, GRLionsFan

    on the Scotusliveblog, and I take it to mean the mandate law will likely be upheld 6-3.

    YES WE DID! November 4th, 2008

    by Esjaydee on Mon Jun 25, 2012 at 08:17:01 AM PDT

    •  Chief Justice William Rehnquist (3+ / 0-)
      Recommended by:
      Catte Nappe, BasharH, GRLionsFan

      in the later part of his term was known to do this in many  5-4 decisions that became 6-3, so that the ruling would be viewed as narrowly as possible.  It is also important to note that Roberts was clerk for Rehnquist as well.

      I can't force you to do anything, I can just make you regret it!

      by restondem on Mon Jun 25, 2012 at 08:20:19 AM PDT

      [ Parent ]

    •  Or...the mandate is struck down, but the rest (1+ / 0-)
      Recommended by:
      statsone

      of the law remains.

      Or...[infinity]

      Liberals: Taking crap for being right since before you were born. - Driftglass (and the amazing Professional Left Podcast at http://professionalleft.blogspot.com/)

      by briefer on Mon Jun 25, 2012 at 08:21:10 AM PDT

      [ Parent ]

  •  I've got a bad feeling about this (1+ / 0-)
    Recommended by:
    joe wobblie

    "I have spent many years of my life in opposition and I rather like the role." - Eleanor Roosevelt. I would like to add that I am a happy atheist!

    by Rogneid on Mon Jun 25, 2012 at 08:22:54 AM PDT

  •  I must be dense. (1+ / 0-)
    Recommended by:
    statsone

    I am still trying to parse the sentence "From the opinion authorship, health care is almost certainly being written by C[hief][Justice] [John] Roberts".

    If you know the authorship, why do you have to speculate on who wrote it, doesn't "authorship" mean "who wrote it"? What am I missing Please?

  •  I do not think the whole law will be (1+ / 0-)
    Recommended by:
    Esjaydee

    Struck down ,lots of conservative will be disappointed on  Thursday, this law has far reaching social consequences that will last an eternity ,

    •  There is no way IMO (0+ / 0-)

      that the SCOTUS summarily throws out the whole law. Even if the administration says that the mandate is not severable, the court can still find that it is. There is nothing at all unconstitutional that could be said about any of the other ACA provisions (except that the medicaid expansion, but that is another topic all together). The problem will be that it will allow the insurance companines to charge people with pre existing conditions or high risk patients whatever they want with no thought to how that money has to be spent.

  •  Probably means they are parsing the law (1+ / 0-)
    Recommended by:
    Esjaydee

    I'm guessing that this means they are striking down the mandate but upholding other parts - or leaving it to Congress to figure out.  The fun part is there is no way Congress passes anything before the act actually becomes law in 2014 - meaning we could end up with no mandate but still a law regarding pre-existing conditions - which will lead one place -- a public option.

    The object of persecution is persecution. The object of torture is torture. The object of power is power. --George Orwell

    by jgkojak on Mon Jun 25, 2012 at 08:38:01 AM PDT

    •  It will be interesting to see how the GOP (0+ / 0-)

      handles this if they strike the mandate but keep everything else. Are they still going to go full tilt on repeal repeal repeal? I would love to see some of them defend taking away the rule that insurance companies spend 80% of revenues on actual care.

      •  Defend corporate profit, are you kidding? (0+ / 0-)

        They're willing to line up and defend Romney's/Bain's vulture capitalism and profitting off debt loading, outsourcing and bankrupting companies.

        Defending high profits for insurance companies is nothing, they won't even think twice about it.  And they'll call anyone who complains a godless marxist communist.

  •  I was somewhat bemused, as I often am (0+ / 0-)

    when it comes to Scalia's thinking, at the broccoli argument. As a straw man argument, it is vastly more straw than man, since he set up an unrealistically narrow question in order to direct an equally narrow response. The appropriate question would have been: Can the government direct people to eat broccoli in a situation where the United States were threatened by an epidemic that could only be halted by eating broccoli? To me, the security of the USA can be forcibly protected by requiring citizens - even subgroups of citizens - to undertake actions that they might not otherwise undertake. For example, the draft or going through screening at the airport or buying insurance for their car.

    The universe may have a meaning and a purpose, but it may just specifically not include you.

    by Anne Elk on Mon Jun 25, 2012 at 08:52:56 AM PDT

    •  or put another way (1+ / 0-)
      Recommended by:
      Anne Elk

      does the Commerce Clause allow Congress to regulate something (the purchase of broccoli) that does not have a significant impact on interstate commerce?

      Well, um, no. Obviously. That's the salient difference between the market for broccoli and the market for health care.

      •  Would striking down the ACA mandate (0+ / 0-)

        mean that States could not impose costs on individuals participating in interstate commerce then? How does this work when one considers interstate trucking? Does California have the right to charge Oregon truckers bridge tolls? Just wondering what the implications for other commerce activities are.

        The universe may have a meaning and a purpose, but it may just specifically not include you.

        by Anne Elk on Mon Jun 25, 2012 at 11:46:52 AM PDT

        [ Parent ]

        •  Cost of doing business separate from a life tax (0+ / 0-)

          Here's how the court would likely separate the issue.

          An Oregon truck driver does not have to drive into California, and he does not have to use the toll bridge.
          If the truck driver does want to drive into California for the purpose of doing commercial business, then the cost of the tolls to get there are taken on voluntarily as the cost of doing business.  And if the tolls are too high, the truck driver can find alternate routes or customers.

          But the health insurance mandate is essentially a tax on all life.  The only way not to pay is to be so poor as to not be able to afford it.  There is no option not to participate, or to go a different route.  The mandate says that as long as we are alive, we must make payments to a for-profit corporation, regardless of the benefit (or lack thereof) that we recieve.

          So yes, striking down the mandate still leaves a state able to charge tolls for crossing a bridge.  Because crossing that bridge is an optional activity.  Unlike breathing.

        •  The cynic in me (0+ / 0-)

          says the Court would simply distinguish any other fact pattern than the specific one in Obamacare. In other words, I suspect that Romneycare, passed by a Republican Congress and signed into law by a Republican president, would be hunky dory with the Republican 5 on the Supreme Court.

  •  Don't say "Obamacare," it's "Boehnercare" (0+ / 0-)

    The healthcare pLan IN ACA  is not what tHe Preisdnet set out to do, it is what they were able to do in face of huge oppostion and behind the scenes shenanigans, from Republcans, insurance industry, big employers, ALEC and all the rest. It is a pale shadow of what Obama hoped to accomplish. Hang the deed on the Republicans, so do not keep repeating "Obamacare." as that feeds the GOP's TV mantra/soundbite. Make it into "Boehnercare," with a"We want to do better, wttih your vote in November 2012."

    "...stories of past courage can define that ingredient..... But they cannot supply courage itself. For this each man must look into his own soul." JFK Profiles in Courage

    by ontario on Mon Jun 25, 2012 at 01:03:19 PM PDT

    •  Boehner[doesn't]care (0+ / 0-)

      Can't call it Boehnercare, please. It's an oxymoron. If anything, it's Nixoncare, given that most of the ideas were first promulgated by Tricky Dick back in the 1970s. He laid it out almost chapter and verse in his 1973 State of the Union address.

      I do not feel much hope that the law will stand as is. My principal hope is that its being struck down will piss off enough people that there will be a groundswell of support for REAL single-payer healthcare, which IMHO is the only serious solution to the problem. And I'm the first to admit that my principal hope, as stated, is kind of a longshot, when placed against the formidable opposition of the insurance industry, the pharmaceutical industry, and the conservative hostility to any and all legislative efforts to hold US citizens collectively responsible for one anothers' well-being. This isn't simply about a knee-jerk reaction to "socialized medicine" and all the assumptions and misinterpretations of that phrase; this is nothing less than an effort to reverse all of the legal protections and regulations instituted by the New Deal in the 1930s.

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