DJP Update 3-28-2012 The last day of the SCOTUS hearings on PPACA: Severability & Medicaid – audio & transcripts
The audio and transcripts are now posted at:
Excerpt from Supreme Court Website & my posting of actual link if the “this link” doesn’t work for you
The Court heard arguments today, Wednesday, March 28, 2012, on the Severability issue and Medicaid issue of the Patient Protection and Affordable Care Act cases. The audio recording and unofficial transcript of the oral argument on the Severability issue (Nat. Fed. Indep. Business v. Sebelius, Sec. of H&HS, 11-393; and Florida v. Dept. of H&HS, 11-400) are available at this link. The audio recording and unofficial transcript of the oral argument on the Medicaid issue (Florida v. Dept. of H&HS, 11-400) are available at this link. http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-393
Severability: http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-393
Medicaid: http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-400
The orders, briefs, and other information regarding the Patient Protection and Affordable Care Act cases are available at this link.
http://www.supremecourt.gov/docket/PPAACA.aspx
DJP: Get and save this information at Supreme Court site for posterity. This is case that will be discussed for years and the future of medical care will be affected greatly by the decision expected in June of 2012.
To give you one example of the back and forth in the court room (need to read the entire transcript to put in context!)
This is from the Medicaid Expansion discussion in afternoon of 3-28-2012.
APPEARANCES:
PAUL D. CLEMENT, ESQ., Washington, D.C.; on behalf of Petitioners.
DONALD B. VERRILLI, JR., ESQ., Solicitor General, Department of Justice, Washington, D.C.; on behalf of Respondents.
PAGE 26: MR. CLEMENT: The answer is no, and that’s because we’re here saying there are three things that make this statute unique.
JUSTICE SCALIA: What are your second and third? I’m on pins and needles to hear your second –
(Laughter.)
MR. CLEMENT: One is the sheer size. Two is the fact that this statute uniquely is tied to an individual mandate which is decidedly nonvoluntary. And three is the fact that they’ve leveraged the prior participation in the program, notwithstanding that …
Then continue on to page 31 and you see more evidence there is some frivolity even in Supreme Court back and forth.
More on coercion discussion in this transcript: for example, see page 42.
JUSTICE SCALIA: You can’t imagine a case in which it is both germane and yet coercive, is what you are saying. There is no such case as far as you know.
GENERAL VERRILLI: Well, I am not prepared to — to say right here that I can — that –
JUSTICE SCALIA: I wouldn’t think that is a surprise question. I mean, you know ––
GENERAL VERRILLI: I mean, you know, Congress has authority to act and -JUSTICE SCALIA: Hey, I can’t think of one. I’m not blaming you for not thinking of one. (Laughter.)
—-
SEVERABILITY issue (the morning hearing 0f 3-28-2012) – excerpt from page 35
Justice Scalia: …That’s an enormously different question from whether you get the votes initially to put them into the law. What — there is no way that this Court’s decision is not going to distort the congressional process. Whether we strike it all down or leave some of it in place, the congressional process will never be the same. One way or another, Congress is going to have to reconsider this, and why isn’t it better to have them reconsider it — what should I say — in toto, rather than having some things already in the law which you have to eliminate before you can move on to consider everything on balance?
MR. KNEEDLER: We think, as a matter of judicial restraint, limits on equitable remedial power limit this Court to addressing the provision that has been challenged as unconstitutional and anything else that the plaintiff seeks as relief. Here the only…
—–
Here is an article in the Washington Post today dealing with the severability issue and giving some selected excerpts from the hearing:
Obamacare suffers a severability trainwreck at the Supreme Court
By Jennifer Rubin
If yesterday was a surprise to the liberal defenders of Obamacare, today must have been a shocker. …
Go to this link to read entire article:
http://www.washingtonpost.com/blogs/right-turn/post/obamacare-suffers-a-severability-trainwreck-at-the-supreme-court/2012/03/28/gIQAzZnxgS_blog.html
—————–
Now back to finishing my new book on leadership. Tick Tock, the deadline approaching rapidly!
Stay well.
Donald
Some past selected DJP Updates can be found at: http://djpupdate.com/
Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax
DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us
DJP Updates: http://www.DJPupdate.com
Twitter: www.twitter.com/DJPNEWS
YouTube: http://www.youtube.com/user/IntrepidResources
This DJP Update goes to over 2400 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.