ABL Live-Tweets the #ACA Oral Arguments (Day 2)

Today was pretty boring. Basically, they argued whether or not the individual mandate could be severed from the rest of the bill should the Court decide to strike down the individual mandate. It was fairly uneventful. Kneedler did a better job than Verrilli for the government. In my view, Clement was flailing. Also Scalia acted like a dillhole. That's not my view -- it's an objective fact. Read More
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Imani Gandy @AngryBlackLady
Ok peeps! I’m wearing my #TeamUterati #Bitchfork and I’m ready to live-tweet this shit. Let’s see what Ruthie B and the gang are up to.
Imani Gandy @AngryBlackLady
Clement is up first. If the individual mandate cannot stand, then the law cannot stand.
Imani Gandy @AngryBlackLady
You kno what else cannot stand? THIS AGGRESSION, MAN.
Imani Gandy @AngryBlackLady
Clement: If you don't have the IM forcing ppl into the market, the community rating and guaranteed issue will cause premiums to skyrocket.
Imani Gandy @AngryBlackLady
Community rating --> http://t.co/qj5AGhYq Guranteed issue is guaranteeing ins. to ppl with preexisting conditions.
Imani Gandy @AngryBlackLady
Sotomayor right out of the gate: Yeah, yeah, we don't care about what the economists say. What do we do about rising costs? (1)
Imani Gandy @AngryBlackLady
Sotomayor cont'd: Why don't we just kill the IM and then let Congress figure out a way to FIX IT. #keenanthompsonvoice
Imani Gandy @AngryBlackLady
Clement is saying court nees to figure out whether it wants to task Congress with fixing the bill sans IM, or task Congress w/ fixing HC.
Imani Gandy @AngryBlackLady
Because we know how super awesome Congress is when we task it to do MOTHERFUCKING ANYTHING. *ahem*
Imani Gandy @AngryBlackLady
Sotomayor calls bullshit. If we don't kill the entire bill, Congress can still fix healthcare, vs. fixing the bill. Cong. has a choice.
Imani Gandy @AngryBlackLady
The issue is severability. Clement wants 2 look at congr. intent. Sotomayor is all, kill the part that's unconst. Why start from scratch?
Imani Gandy @AngryBlackLady
Scalia spoonfeeding arguments 2Clement: We ignore severability provisions all the time. Why shouldn't we do that here? Screw congr. intent.
Imani Gandy @AngryBlackLady
Clement - yeah, yeah, yeah! let's do that! #eyeroll
Imani Gandy @AngryBlackLady
Oh, wait. I'm all screwed up. Clement wants to look at congressional intent. Scalia says we ignore congressional intent all the time.
Imani Gandy @AngryBlackLady
Frankly, I don't know wtf Scalia is talking about and I don't care. I'm moving on. I'll return to this bit if it seems important.
Imani Gandy @AngryBlackLady
I need to listen to more than a few minutes at a time and quit trying to guess where they're going. But I'm a law nerd and I can't help it.
Imani Gandy @AngryBlackLady
Clement is all "Look at the text!" Kagan chimes in: based on the text, the guarantee issue & community ratings provision are tied to the IM.
Imani Gandy @AngryBlackLady
OK, from here on out, I'm referring to the "guarantee issue and community rating provisions" as GI/CRP. Got it? Sweet. #TweetinAintEasy
Imani Gandy @AngryBlackLady
Clement wants to start from scratch. Kagan now making the case for killing the mandate but leaving the "exchanges." http://t.co/6gDrJv37
Imani Gandy @AngryBlackLady
Clement: BUT YOU CAN'T. KILL WHOLE THING. EXCHANGES NO WORKY. KAGAN: Uh, Utah does it. Clement: Utah sucks. (not a direct quote.)
Imani Gandy @AngryBlackLady
Kagan: A half loaf is better than no loaf. (And now I've said loaf twice and that kinda grosses me out. I don't like the word "loaf.")
Imani Gandy @AngryBlackLady
Clement whines a lot. It's annoying to listen to.
Imani Gandy @AngryBlackLady
R.B.Gins: There's a lot of good shit in this bill that has nothing to do with the individual mandate. WTF, dude.
Imani Gandy @AngryBlackLady
RBG: It's difference b/w wrecking job & a salvage job. "The more conservative approach wld be salvage rather than throwing out everything."
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