WH Shifts Its Healthcare Defense

The Obama administration has shifted its legal arguments as it prepares to defend the president’s healthcare law before the Supreme Court.

Written briefs in the landmark case increasingly have focused on a part of the Constitution that didn’t get much attention in lower courts.

Some legal experts say the shift could steer the case in a direction that would make Justice Antonin Scalia more likely to uphold the healthcare law’s mandate requiring individuals to purchase health insurance.

Oral arguments in the landmark case are set to begin March 26, and the justices are expected to give a ruling in June, just months before the presidential election.

A ruling that the mandate is unconstitutional could make it nearly impossible to implement other parts of the healthcare law—which is exactly the point the Department of Justice is highlighting in its most recent briefs.




Post Continues on thehill.com




Posted in Government, Health Care, Law, Politics
39 comments on “WH Shifts Its Healthcare Defense
  1. Ducky says:

    I think that this is all a big political anti-Obama campaign; it's all about it being an election year. If they were smart, they would hold off and wait till next February to take this to court when the, hopefully, next guy is in. This way the Obama Administration won't fight against it, and the guy that is in office will have to follow up on his word.

    • Looking4Sanity says:

      That is probably the stupidest thing I've heard this century.

      • Ducky says:

        Well, good thing it's only 12 years (or maybe 11) into it.

        I'm just saying Obama Administration will try to do anything even criminal to win this case. I don't trust them. It's, too, risky, and I think the Republicans know it. Yet, they don't seem to care; it's just another opportunity to put dirt onto Obama. Yes, I'm all for that, but I'm also for getting rid of this law to protect the Constitution and American people. I think it's just reckless what they're doing. I admit; I hope I'm wrong.

        • Looking4Sanity says:

          Never put off until tomorrow what you can do today.The longer the wait, the heavier the weight.We're not putting dirt on Obama. He did that himself. We're just pointing it out in a timely and convenient manner.Did it ever occur to you that he might get re-elected? How does that scenario play out in your little strategy?

        • Ducky says:

          Well, if he gets re-elected, what would it matter if they win in court? He's already demonstrated that he goes around the law anyways. I understand what you're saying about the longer we wait, but I just question the sincerity of the Republicans doing this right now.

        • Looking4Sanity says:

          You question Republicans on principle at every opportunity. You don't need a reason. I call that bigotry.

        • Ducky says:

          Pfft. Bigotry? You call libertarians names as well. So is that bigotry? Whatever…

        • Looking4Sanity says:

          I could explain the difference to you, but you would neither understand it nor agree with it, so what's the point?

        • Ducky says:

          Yep, you got me I wound't agree so I guess you don't need to explain just thinking that you're right is all that you need to justify yourself. Duh, I wouldn't agree.

        • Looking4Sanity says:

          Fine. Here is your explanation.I ridicule Libertarians based upon their own stated beliefs.You ridicule the Republican Party NOT based on their stated beliefs (platform), but based upon the actions of RINO's, which you use to smear the entire group with.THAT is why you are a bigot and I am not.Understand it? Agree with it? Satisfied?

        • Ducky says:

          No, you ridicule libertarians stated beliefs because you distort what they are saying.

          I ridicule not the all the individuals in the Republican Party but the Party in general. Bigot? Try another word. It doesn't even apply even if I was doing what you are saying. Besides nobody really believes what you saying anyways.

        • Looking4Sanity says:

          You show me ten Libertarians that don't want dope legalized and I'll eat my hat!Do you understand? No.Agree? No.Satisfied? Evidently not, since you are still producing distortions and outright lies.You're entitled to your position and opinions…just stop lying about it.

        • Ducky says:

          Yes, name calling because gullible people will actually change their minds about a person or something if the name calling actually sticks.

          Yeah, because we do want dope to be legalized. Why are talking to me as if this is something I should have known.

        • Looking4Sanity says:

          You are what you are, son. I can't change that. Only you can do that. I see you're not there yet. I don't think less of you because of that. I'm only trying to speed up the process. We need Patriots, not cock-eyed optimists.

        • Ducky says:

          Plus, if the Administration does win the case and it seems that Romney will get the nomination which may send him to the White House, Romney will only be too happy with the case being won and won't do anything more about it. Remember it's his plan in the first place. But, if they took it to court under Romney, then, Romney won't have a choice but to go along with it. But, whatever it's all against the people anyhow.

        • Looking4Sanity says:

          The only way Obama has a chance of winning is IF Romney gets the nomination. Why do you think all the others are staying in the race?

        • Ducky says:

          Didn't say he would win, but at the same time I can't see Obama winning as well. I think something is going to come to a head this election year. Something different. The only people that are into Obama are the ones that are dependent on welfare. I mean the people that you see demonstrating for Obama are getting paid like $60 to do so; for real, one of the so-called protesters said so. Just playing out the scenarios.

        • Raymond says:

          Barack Hussein Obama & his communist friends
          stole the last "election" & I believe they will steal
          the next one.

        • Looking4Sanity says:

          It will be much more difficult to pull off this go 'round.Everyone is watching and expecting it. There is also the little problem of his record…which he didn't have to worry about last time.

        • Raymond says:

          George Soros once said "it's not who casts the votes, it's who counts
          the votes that matters." Sadly, he's right.

        • Looking4Sanity says:

          There are literally millions of voting locations in this country. I refuse to believe that Obama has that many criminals working for him. And if he does, we've got much bigger problems than who is our next President.

        • Raymond says:

          "And if he does, we've got much bigger problems than who is our next President."

          Now you're beginning to understand.
          Raymond

        • Looking4Sanity says:

          I've always understood. That is why my house is a fortress and an armory.

        • Raymond says:

          It would seem that we do have things in common.
          In my opinion, if Barack Hussein Obama gets another
          term or just seizes his office, America is finished.
          Let's remember that the machine that put him in
          office is very powerful & very very wealthy.

        • Looking4Sanity says:

          I've always known we had things in common. I was just waiting for you to realize that when I disagree with you on a particular point, that doesn't mean that I'm trying to invalidate everything else you believe.Will Rogers said it best. “There's some good in the worst of us, and some bad in the best of us.”

        • Looking4Sanity says:

          I have also been quietly enjoying some of your more humorous posts. I really liked the question “Are you better off than you were 4 trillion dollars ago?”.That's pure gold!

        • spelunker7 says:

          Won't be necessary to steal it. The Republican candidates are virtually giving it to him.

  2. Looking4Sanity says:

    Government has neither Constitutional authority OR a mandate to practice social engineering on the American free market. There is no monopoly in the health care industry…which would be their only defense. The Commerce Clause can not be stretched far enough to cover them and neither can the "Necessary and Proper" clause! There is NOTHING necessary OR PROPER about ObamaCare…period.

    This is just typical desperation from the DoJ trying to defend the indefensible. Notice how they cherry pick the seemingly vaguest parts of the Constitution to attack? They are going to walk into court and attempt to play the liberals favorite game…twisting the plain meaning of words into unrecognizable pretzels. It isn't going to fly.

    • up2biz says:

      You're absolutely right and the deciding factor will be who hears the case. If they get a judge that Obama appointed which is what I have heard then it is a slam dunk for them as it was on the birth certificate in GA.

      On the other hand if the judge has the integrity it takes to really be a judge then they loose.

      • Looking4Sanity says:

        The full SCOTUS is going to hear this case. Kagen SHOULD recuse herself, but she won't…not that it will make any difference. It will be 5-4 against Obama no matter what defense they go with.

  3. don says:

    you 2 need to take a hike else where

  4. Raymond says:

    "The Obama administration has shifted its legal arguments as it prepares to defend the president’s healthcare law before the Supreme Court."

    Obama is attempting to gain more control over our lives.
    Raymond

  5. Pegi says:

    I'm so hoping the Supreme Court does the right thing and declares Obamacare unconstitutional. His plan will likely bankrupt us all!

  6. navy vet1 says:

    If the SC rules in favor of Obamacare, the jails will be full of us who refuse to purchase it. And guess what ? The jails have free healthcare, food and beds. Not to mention free TV, and a health club. What more could we ask for ?

  7. Dr. Real says:

    I can forsee the obama healthcare lawyers using an insanity defense.