Wednesday, March 28, 2012

ANTONIN SCALIA, THE NEW COURT JESTER

Scalia made fun of the infamous "Cornhusker Kickback" but it's not in the PPACA.  He was also smacked down by 3 of his colleagues:
A suggestion Wednesday from Scalia that forcing insurance companies to cover young people to age 26 on their parents’ plan might help bankrupt the insurance system drew a verbal slap from Justice Sonia Sotomayor. She accused Scalia of an about-face from Tuesday, when he argued that young people may not need insurance because they tend to be healthy.

“I thought that the 26-year-olds were saying that they were healthy and didn’t need insurance yesterday. So today they are going to bankrupt the … ” Sotomayor interjected, before trailing off.

Scalia sparked another brush-back when he said it would be arduous for him and his clerks to wade through the massive bill. Justice Stephen Breyer told his conservative colleague to toughen up a bit.

“We can’t reject or accept an argument on severability because it’s a lot of work for us. That’s beside the point,” Breyer said.

Scalia even earned a mild rebuke from Chief Justice John Roberts, who gently suggested that Scalia stop the “frivolity” when he posed a series of hypotheticals about a gunman giving someone a “your money or your life” ultimatum. He later tweaked the scenario to involve “your life or your wife’s life” — an adjustment that drew chuckles from the gallery.

It wasn’t entirely clear what point Scalia was trying to make, but Sotomayor suggested that Scalia wouldn’t be able to go home. Finally, Scalia admitted the hypothetical didn’t work.

“I won’t use that as an example. Forget about it,” Scalia said.

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