Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

underpants

(182,877 posts)
Sat Jun 16, 2012, 08:18 AM Jun 2012

Ruth Bader Ginsburg speaks - did she drop any hints?

On eve of health ruling, Ruth Bader Ginsburg predicts 'sharp disagreement'

“Those who know don’t talk. And those who talk don’t know,” she quipped Friday night at a conference hosted by the American Constitution Society at the Capital Hilton.

Although she offered no insight into the tightly held decisions of her colleagues, Ginsburg did indicate that many of the court’s decisions over the next two weeks — which are also expected to include an FCC indecency ruling — might be close.

“It is likely that the sharp disagreement rate will go up next week and the week after,” she said.

Ginsburg noted that one ACA-related question the court must decide is whether the whole law must fall if the individual mandate is unconstitutional — “or may the mandate be chopped, like a head of broccoli, from the rest of it?”

But no, she didn't drop any hints about what the answer will be.


Read more: http://www.politico.com/news/stories/0612/77479.html#ixzz1xxSeJ9ZB

12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

longship

(40,416 posts)
1. Those that know don't talk; And those that talk don't know.
Sat Jun 16, 2012, 08:31 AM
Jun 2012

So all the idle speculation here and elsewhere (Pelosi) is just that, i.e., irrelevant.

GoCubsGo

(32,088 posts)
11. She might not be referring to Pelosi.
Sat Jun 16, 2012, 06:45 PM
Jun 2012

She could just as easily be referring to all of those who are speculating that it will be overturned. There are a lot more of them preaching this message than those who say the ACA will be upheld.

siligut

(12,272 posts)
7. Why is that?
Sat Jun 16, 2012, 12:07 PM
Jun 2012

Why won't those that know talk? It is my experience that when this is the case, it is because the truth is unacceptable to the majority of the people.

longship

(40,416 posts)
8. They won't talk because of Constitutional separation of powers
Sat Jun 16, 2012, 01:34 PM
Jun 2012

SCOTUS has power over the other two branches. They do not talk because they dont have to talk. In fact, if somebody did talk it could appear to be a breakdown in the Constitutional separation.

So, there is a very good and practicle reason for them to keep their poker hand hidden.

CTyankee

(63,912 posts)
5. I've heard an awful lot on the "overturn" side than any alternative.
Sat Jun 16, 2012, 11:50 AM
Jun 2012

Mark Halperin said a couple of weeks ago that the ACA will be overturned, that if the decision was different we'd have heard a leak by now. I don't get his reasoning but it's what he predicted...we'll see, won't we?

cthulu2016

(10,960 posts)
6. Her comments indicate that the mandate is being struck down
Sat Jun 16, 2012, 11:55 AM
Jun 2012

The question of whether the mandate is separable wouldn't come up until it was decided to strike it down.

If the mandate is not unconstitutional then the court does not need to "decide whether the whole law must fall if the individual mandate is unconstitutional"

The question would never come up.

Warren DeMontague

(80,708 posts)
12. The comm. clause only permits feds to arrest a cancer granny for smoking pot that she grew herself
Sat Jun 16, 2012, 06:50 PM
Jun 2012

It is NOT expansive enough to cover the health care mandate, silly!

Latest Discussions»General Discussion»Ruth Bader Ginsburg speak...