Justice Ginsburg: Turbulent Times at Supreme Court

Last night, Justice Ruth Bader Ginsburg spoke at a conference hosted by the American Constitution Society. While not giving any clues to how the court will rule on the Affordable Care Act, Arizona's immigration law, or other important cases still to be decided this term, she did say the justices were in "sharp disagreement."

"As one may expect, many of the most controversial cases remain pending," she noted. "So it is likely that the sharp disagreement rate will go up next week and the week after."

In the context of the healthcare law, she described the individual mandate issue this way: [More...]

"If the individual mandate, requiring the purchase of insurance or the payment of a penalty, if that is unconstitutional, must the entire act fall?" she said, then outlining another key question. "Or, may the mandate be chopped, like a head of broccoli, from the rest of the act?"

She also spoke about the power of dissenting opinions:

"I have spoken on more than one occasion about the utility of dissenting opinions, noting in particular that they can reach audiences outside the court and can propel legislative or executive change." she said.

While she didn't direct that comment to the health care law, it does seem like a bit of an omen, especially with the current makeup of the Court. Then again, she also said last night:

"At the Supreme Court, those who know don't talk," she said, smiling. "And those who talk don't know."

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  • Display: Sort:
    J: "omen" (your last par.). (5.00 / 1) (#1)
    by oculus on Sat Jun 16, 2012 at 11:18:39 PM EST
    I love her reference to broccoli in light of the oral argument.  

    The comments to the linked CNN article (none / 0) (#2)
    by oculus on Sat Jun 16, 2012 at 11:27:11 PM EST
    are extremely disrespectful of Justice Ginsberg.  Including insulting her appearance.  Disturbing.  

    aren't all (5.00 / 1) (#3)
    by Jeralyn on Sun Jun 17, 2012 at 12:02:47 AM EST
    mainstream news articles comments that way? I never read them, they are mostly such junk

    That's true.. (none / 0) (#7)
    by desertswine on Sun Jun 17, 2012 at 01:48:47 PM EST
    the comments for most mainstream news stories seem to be a forum of crackpots, making them virtually unreadable.

    This is true even (none / 0) (#11)
    by gyrfalcon on Sun Jun 17, 2012 at 08:27:46 PM EST
    in crunchy liberal VT.  Newspaper comments seem to bring out the ugliest of the population.

    I find the same typical setiments (none / 0) (#13)
    by Rojas on Sun Jun 17, 2012 at 11:23:46 PM EST
    expressed here often. I find the acceptability factor more a matter of how sweetly one pours the poison.

    Well, then (5.00 / 1) (#16)
    by gyrfalcon on Mon Jun 18, 2012 at 11:13:49 PM EST
    go somewhere else and we'll all wave good-bye-- very politely.

    (I think you lack perspective)


    Including anit-semetic remarks (none / 0) (#8)
    by DFLer on Sun Jun 17, 2012 at 02:14:23 PM EST
    There is no "flag for abuse" option, just "like" or "reply" on the CNN site...I emailed them about it....who knows?

    I watched her remarks on TV (none / 0) (#10)
    by gyrfalcon on Sun Jun 17, 2012 at 08:26:43 PM EST
    the other day on Cspan, and they were absolutely delightful.  Some of it was serious, but a lot of it was just fun, like her lengthy rundown of the humor quotient of the various justices.

    CSPAN I'm sure has the video still available on the site, and I highly recommend it.  Ginsburg is a real treasure.


    Unity is overrated (5.00 / 2) (#4)
    by Payaso on Sun Jun 17, 2012 at 01:23:52 AM EST
    Plessy v. Ferguson was 7-1

    Dred Scott was 7-2

    Took me a minute, Payaso... (none / 0) (#5)
    by jeffinalabama on Sun Jun 17, 2012 at 07:51:45 AM EST
    your humor is byzantine. Rich but byzantine.

    the politics of crime (none / 0) (#6)
    by dontknowme on Sun Jun 17, 2012 at 10:18:52 AM EST
    Perfect rubric for reports on the Roberts Court.

    If (none / 0) (#9)
    by lentinel on Sun Jun 17, 2012 at 08:01:09 PM EST
    the mandate part of the broccoli is chopped off, what exactly would be left?

    Not much (5.00 / 0) (#12)
    by gyrfalcon on Sun Jun 17, 2012 at 08:28:50 PM EST
    Got another question?

    Well, (none / 0) (#14)
    by lentinel on Mon Jun 18, 2012 at 03:35:27 AM EST
    how about that ol' public option that was left out to dry?

    Seems worth a try.


    Agree entirely, but (none / 0) (#15)
    by gyrfalcon on Mon Jun 18, 2012 at 11:12:58 PM EST
    since the PO wasn't in the legislation, it won't be "left" if the mandate is killed.

    I'm of two minds about it, and part of me would like to see this mishegoss of a kluge of a law killed so that something more sensible like single payer or at least a PO would be the only possible alternative-- after the GOP ideas are tried and crash and burn spectacularly.


    I agree with you. (5.00 / 1) (#17)
    by lentinel on Tue Jun 19, 2012 at 03:55:23 AM EST
    I find myself wanting to see this thing downed. It is a travesty.

    Single payer, or the public option, is the only way to have universal healthcare. It is the only way to get the for-profit healthcare industry off our backs.

    Obama knows this. But he wound up selling out behind closed doors. And his then press sect'y called those of us who wanted a system as good as our neighbors in Canada have, "professional leftists".

    Well, I'm on TalkLEFT right now.

    If we have to witness this dreck crash and burn before we get something sensible and honest, so be it.