Politics

CNN Legal Analyst Downgrades Supreme Court Outlook for Obama Admin: From ‘Train Wreck’ to ‘Plane Wreck’

CNN senior legal analyst Jeffrey Toobin on Wednesday offered an even more dismal characterization of the Supreme Court hearings on President Barack Obama’s health care overhaul: What was a “train wreck” might also be a “plane wreck” for the administration.

“This still looks like a train wreck for the Obama administration, and it may also be a plane wreck. This entire law is now in serious trouble,” Toobin said on CNN after Wednesday’s hearings. “It also seems that the individual mandate is doomed.”

Toobin made his initial “train wreck” comment on Tuesday after the court heard arguments about the constitutionality of the law’s mandate for individuals to buy health insurance. Wednesday’s arguments focused on whether the entire law could be struck down if the individual mandate is scrapped.

Toobin also tweeted his “plane wreck” analysis to further punctuate his point.

CNN Legal Analyst Jeffrey Toobin Downgrades Supreme Court Outlook for Obama Admin: From Train Wreck to Plane Wreck

“Anthony Kennedy spent much of this morning talking about if we strike down the individual mandate, how should we handle the rest of the law?” Toobin said.

Justice Anthony Kennedy is traditionally the swing vote on closely divided Supreme Court decisions, and to hear him speak in terms of striking the individual mandate is a boon for those who want the law overturned.

Toobin continued:”Now, it is less clear that they are going to strike down the whole law. There does seem to be some controversy in the court about that. Certainly there are some members of the court — Antonin Scalia, Justice Alito — who want to strike down the entire law, but it seemed almost a foregone conclusion today that they were going to strike down the individual mandate, and the only question is does the whole law go out the window with it?”

Comments (89)

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  • Pat Alexander
    Posted on March 28, 2012 at 2:42pm

    The really sad part is how much time and taxpayer dollars were squandered passing a law they and every other thinking person knew was unconstitutional.

    Anyone that still thinks Barry was ever a “Constitutional Law Professor” needs to seek professional help now.

    Barry & Shelly will be going back to Chicago in January….

    Report Post »  
    • Steve28
      Posted on March 28, 2012 at 3:08pm

      Not to mention the 40,000 agents that sold insurance have lost their just and incomes have been cut drastically. Add to this the millions by carriers to start implementing this along with governments setting up plans. Those dollars dollars and jobs could have been saved and put to much better use. Just a waste and what happens when you try grab power that does not belong to you. Obama is falling off his thrown, but watch out he will try and tear us down another way.

      Report Post »  
    • VoteRightDammit
      Posted on March 28, 2012 at 3:15pm

      Pat

      I believe you are still holding on to some notion that ‘constitutionality’ is a question of merit to these “socialists” (what we used to call ‘communists’).

      I’d suggest it has been crystal clear for some time OBastard and his owners not only do not respect the Constitution, but care not in the least if they trample on it in plain sight of every American in the country.

      I’d also suggest caution about undue optimism, as I expect OBastard is employing his usual tactic of bribing & offering payola to get his way. On THIS issue OBastard would no doubt be willing to offer an unlimited supply of our tax dollars to a judge who agreed to fall in line. There must be SOME concern that the fix is in …..

      Report Post » VoteRightDammit  
    • Blackhawk1
      Posted on March 28, 2012 at 3:35pm

      Carville is already slamming the SCOTUS so we know Obamacare is in real trouble.

      Report Post » Blackhawk1  
    • turkey13
      Posted on March 28, 2012 at 6:13pm

      What do you mean -wasteed taxpayers dollars and wasted time? Nancy got her favorite toy out of her purse and used on Congress and us. My family Dr.(age 55) retired. With the little payments he got from Medicare and Medicade he wasn’t breaking even. It now takes 2 1/2 months to get a appointment at my new Dr. and I have Medicare and private Union Insurence. We have been using a walk in Emergency 1 clinic and don’t have to wait any more than 1/2 Hr at most. This is same clinic my 3 sons – wives and 4 grand sons go to since it takes so long to get appoinment at family Dr..

      Report Post »  
    • dmerwin
      Posted on March 28, 2012 at 7:06pm

      Perhaps we can see it as an investment in new management in 2013. Nothing makes me happier than seeing the liberals squirm AND admit that they will lose.

      Report Post » dmerwin  
    • NeoFan
      Posted on March 29, 2012 at 12:47am

      Do you remember how Obama invited the Justices to the State of the Union so he could insult them in front of the whole country? Do you think they will over look that when they render their decision?
      This is good. Very good. First ObamaCare then the election.

      Report Post »  
  • namyarg
    Posted on March 28, 2012 at 2:42pm

    More preaching to the choir: Obamacare, Solyndra, clandestine conversations with enemies of the US, and much more, will not mean anything if – and it’s highly probable – the Obamabots prevail; he can do no wrong. These people have let themselves be brainwashed by Obamania. Hitler was adored in much the same way.

    Why will they not vote for anyone else? One of the multitudinous reasons is that they cannot let the first black president be a one-termer. It would be too disturbing, reprehensible, for them, to think that BHO was not qualified and failed.

    More preaching: we all know – can predict – that if America prevails electing the GOP candidate, the left will cry voter fraud loudly and without ceasing; they will not accept the rule of law – popular/electoral vote – unless the election goes their way.

    Report Post »  
    • Chrison
      Posted on March 28, 2012 at 5:26pm

      They may also commit voter fraud themselves in order to swing the election in their favor. I’m deeply concerned that the Dems in power vehemently oppose voter ID laws (with BS reasons as to why) when it’s a fact that the vast majority of citizens (including democrats!) support such laws in order to prevent fraud. The only TRUE reason I can think of the Dems in power don’t want voter ID laws is that it prevents them from rigging the vote in their favor!

      Watch out, America! Something VERY fishy is going on!

      Report Post »  
    • dmerwin
      Posted on March 28, 2012 at 7:10pm

      The 20% confirmed off the chart liberals will vote democrat, but the independents may swing widely.

      Report Post » dmerwin  
  • FightingBear
    Posted on March 28, 2012 at 2:39pm

    Obama’s legacy is being thrown out. He deserves it. The way this bill was passed was simply unconscionable.

    Remember, the only thing bi-partisan about Obamacare was the votes against it.

    Report Post »  
  • PPMStudios
    Posted on March 28, 2012 at 2:30pm

    Wow! Bye bye Obama! And good riddance….

    Can’t wait for January to get here!!!

    Report Post » PPMStudios  
    • Economist
      Posted on March 28, 2012 at 2:40pm

      Don’t count your chickens before they hatch. I hope it is considered unconstitutional but we will have to wait to see.

      Interesting to note. I think Obama gets relelected if it is overturned. I see the Democrats rallying their base, and if gives the Repubs one less arrow to throw at Obama.

      Report Post » Economist  
    • GoodStuff
      Posted on March 28, 2012 at 2:54pm

      @Economist

      “I think Obama gets relelected if it is overturned. I see the Democrats rallying their base”

      I disagree. I don‘t see how overturning Obama’s signature achievement rallies the base. If anything, it demoralizes them; who wants to stay aboard a sinking ship?

      Report Post »  
    • PPMStudios
      Posted on March 28, 2012 at 3:02pm

      The only other shot Obama has (no pun intended), is the race-baiting that’s being perpetuated over the Martin/Zimmerman ordeal.

      Report Post » PPMStudios  
    • MarkL
      Posted on March 28, 2012 at 3:12pm

      I don’t get you people who think there is any chance of Obama losing. Have you not been paying attention the last 8 years? How can he possibly lose when the “news” will say nothing negative about him, and all stories about Romney will be negative and accusatory. You’ve just watched the media install Romney… all stories about Romney glowingly positive, all stories about anyone but Romney negative and accusatory. Mitt Romney was just installed as the Republican candidate by the “media”. Next it reverses and they will install Obama. The “news media” runs the country now, they will brainwashed the weak-minded to vote however they want them to vote. And they will vote that way.

      Obama could throw a baby in the air and catch it on a sword and the next day the headlines would read “Obama Saves Us All From Demon Baby!!!”. If Mitt Romney so much as tips a waiter 1% too little, that will be “headline news” for weeks.

      There is no chance at all of Obama losing the election, you people are deluding yourselves. This is not America anymore and the tyrant dictator will be installed by his personal propagandists in the media.

      Report Post »  
    • dmerwin
      Posted on March 28, 2012 at 7:09pm

      I’m with goodstuff on this. If the conservatives hammer the cost of the bad legislation, the increased debt, the failure to provide health care, the failure to lower HC costs and the failure to even address tort reform as requested they cannot explain such a HUGE blunder away.

      Report Post » dmerwin  
    • dmerwin
      Posted on March 28, 2012 at 7:39pm

      MarkL
      The issue is MAKING the media report it by having the conservatives mention this at every news conference. First item and last item should be mentioning the democrat failures.

      Report Post » dmerwin  
  • Aquinas
    Posted on March 28, 2012 at 2:30pm

    If, indeed struck down, due to the fact that the smartest people in the world (Democrat’s); failed to insert a severability clause, the whole damned thing will be gone. Praise Jesus!

    Report Post »  
    • m509
      Posted on March 28, 2012 at 2:38pm

      This was exactly what i was about to post. I do not understand why they would consider only striking the mandate, if one part goes it all goes.

      Report Post »  
  • McNamara
    Posted on March 28, 2012 at 2:19pm

    Hopefully one part down, a whole lot more to go. We need a momentum shift.

    Report Post » McNamara  
    • The_Jerk
      Posted on March 28, 2012 at 2:24pm

      Better remember that it was the Supreme Court that invented the expansion of the commerce clause as a tool to usurp power.

      Report Post »  
    • SpankDaMonkey
      Posted on March 28, 2012 at 2:27pm

      .
      We need a momentum shift…..

      Well Pull my Finger……

      Report Post » SpankDaMonkey  
  • Mojoron
    Posted on March 28, 2012 at 2:18pm

    I would rather be in a train wreck rather than a plane crash, you might survive a train wreck.

    Report Post » Mojoron  
    • oldguy49
      Posted on March 28, 2012 at 2:21pm

      having trouble spinning theis one …………………….

      Report Post »  
  • ThePostman
    Posted on March 28, 2012 at 2:07pm

    Too bad all the other unconstitutional laws and regulations cannot be struck down.

    The Commerce Clause is the worst offense against the American people there ever was. What should really happen is that the court decree the Clause unconstitutional. Yes, the constitution is unconstitutional. Every law associated or defended by the Commerce Clause should be struck down.

    Report Post »  
    • Zer0
      Posted on March 28, 2012 at 2:15pm

      Lol. I can hear CNN and the Left cry-cry as I read these articles all over the internet. Think, all that political capital spent, all the time wasted, and all those Progressives wiped out in 2010….and it‘s only going to get worse for them in November 2012 when the Obama’s pack their bags.

      Report Post »  
    • TomFerrari
      Posted on March 28, 2012 at 2:24pm

      The INTENT of the commerce clause I believe was sound. It is the poor interpretation of it, and the liberal abuse of it that were wrong. I agree it needs to be fixed, and most law based on it can go, too, as far as I am concerned. Especially rulings based on the 1942 Wickard v Filburn wheat case!

      Congress should regulate weights and measures. They should assure contracts in one state are valid in another. That’s about it, I believe.

      If congress wants or needs additional power, they should have to amend the Constitution, not te-interpret it and stretch it. New powers should be very carefully granted. That is how it is designed. Slow and difficult to change. The founders had it right, so, it should be very hard to change.

      Problem is, we have too many elected representatives who utterly #FAIL to defend the very Constitution they are sworn to protect and defend! In fact, they despise it for limiting their power, as evidenced by their repeated attacks upon The Constitution.

      Report Post » TomFerrari  
    • SquidVetOhio
      Posted on March 28, 2012 at 2:36pm

      I seem to remember from my Business Law class that the commerce clause was used to prevent a hotel owner from discriminating against blacks because his hotel sat on an Interstate highway. And there is federal laws against that sort of thing. They can make that clause say whatever they want it to say. That said, I believe/hope the mandate will be struck down.

      Report Post » SquidVetOhio  
  • vtxphantom
    Posted on March 28, 2012 at 1:59pm

    Bye, bye obamacare and goodbye obama.

    Report Post »  
  • The_Jerk
    Posted on March 28, 2012 at 1:58pm

    Never place your trust in the Supreme Court. There are four extreme liberal justices, Ginsburg, Breyer, Kagan and Sotomayor. Three are Jews. Jews are 1.7% of the population. What are the odds?

    There are 13 Jewish Senators. All are liberal, one of whom calls himself a socialist. What are the odds?

    Eric Cantor is the only Jewish Republican in Congress, and he is a moderate. All other Jewish representatives are liberal Democrats.

    The list in policy making positions in the Obama administration is to deep to review… Jews overwhelmingly supported an voted for Obama… tie all of this to the Jewish owned/run New York Times and the media, and you will get a glimpse of what this country is up against.

     
  • MeMadMax
    Posted on March 28, 2012 at 1:56pm

    Plane wreck?
    You mean plane crash…….

    Report Post » MeMadMax  
  • GoodStuff
    Posted on March 28, 2012 at 1:52pm

    Get rid of the whole dand thing!

    Report Post »  
    • Sirfoldallot
      Posted on March 28, 2012 at 2:08pm

      State Lines , think about it & how they want 2 use Commerce State Lines, u can’t even buy insurance across State Line. they r such nut jobs.

      Report Post » Sirfoldallot  
  • TexBork
    Posted on March 28, 2012 at 1:48pm

    What’s worse than plane-wreck? I guess it would be like the Hindenburg. The shining misguided pride of National Socialis going down in flames here in the United States, because of its own design by the socialists themselves.

    Report Post » TexBork  
    • TomFerrari
      Posted on March 28, 2012 at 1:57pm

      Titanic!?!?

      Report Post » TomFerrari  
    • TexBork
      Posted on March 28, 2012 at 4:24pm

      TomFerrari, Titanic? Hmmm… That’s possible. It was said that God Himself couldn’t sink that ship, but I suppose man ended up proving his power over God. Interesting…

      Report Post » TexBork  
  • RougeFastFingers
    Posted on March 28, 2012 at 1:48pm

    Its a big CENSORED deal.

    Report Post » RougeFastFingers  
  • American Chick
    Posted on March 28, 2012 at 1:41pm

    If reason prevails, O’care fails.

    Report Post »  
  • Bum thrower
    Posted on March 28, 2012 at 1:41pm

    SCOTUS is not going to read 2200 pages and ‘keep this’ and ‘no to that’………that is like picking fly **** outta pepper!! If it is declared ‘illegal legislaton’; it’s curtains for it ALL!

    Report Post »  
    • Gonzo
      Posted on March 28, 2012 at 1:46pm

      I hope you’re right Thrower!

      Report Post » Gonzo  
    • Baddoggy
      Posted on March 28, 2012 at 2:13pm

      They will kick it down to Congress to fix. In the mean time if it stands it can do a lot of harm, virtually ending the insurance companies or making the rates so high no one can afford care.
      Its a cluster@@@@

      Report Post » Baddoggy  
  • scuba13
    Posted on March 28, 2012 at 1:38pm

    Toobin is an idiot.

    Report Post » scuba13  
  • DSTSS2010
    Posted on March 28, 2012 at 1:37pm

    I don’t believe the Justices have the option to keep any part of the law if the mandate is unconstitutional. This law was written without a severability clause. It all has to go!

    Report Post » DSTSS2010  
    • TomFerrari
      Posted on March 28, 2012 at 1:51pm

      Yeah, they bet everything on if and lost (we “HOPE”)

      Do they want the SCOTUS to go through the law, all 2,700 pages of it, and second-guess congress’ intent and desire? That is not a SCOTUS power. Without a seveability clause, they don’t really have a choice.

      If the mandate is gone, there is no punishment for failure to insure. So, nobody will insure, until they have a catastrophic need for healthcare. With the pre-existing coverage mandate, you can buy insurance the morning of your open heart surgery! No need to pay in for decades “just in case!”
      It eliminates personal responsibility and accountability.

      So, we will have pre-existing coverage, TWENTY-SIX-YEAR-OLD ADULTS on their parents’ insurance, and… oh, yeah the “WHITE-TAX” on tanning beds.

      Wow. Now there’s some legislation to brag about in a campaign, huh?

      Report Post » TomFerrari  
    • infortheride
      Posted on March 28, 2012 at 5:01pm

      Don’t forget the additional 10,000 pages of new regulations attached to the law by Sebilius (sic) and gang.

      Report Post »  
  • The Goo
    Posted on March 28, 2012 at 1:36pm

    This will go in the spin cycle, too. It has already started. I cannot wait to hear what Pelosi says. I,think we will be in for a treat!

    Report Post »  
    • @leftfighter
      Posted on March 28, 2012 at 1:47pm

      Pelosi on the law’s Constitutionality: “Are you serious?”

      SCotUS: “Uh… yeah.”

      How much you wanna bet this prompts Obama to revive the FDR threat of court packing?

      Report Post » @leftfighter  
  • cloudsofwar
    Posted on March 28, 2012 at 1:29pm

    i hope with many others that the scotus will throw out this law and declare it unconsitutional.

    Report Post »  
  • The Conservative Catholic
    Posted on March 28, 2012 at 1:28pm

    Even if the Supreme Court rules that the mandate is unconstitutional, Obama will still keep the “pedal to the medal” on this….

    Report Post »  
    • TomFerrari
      Posted on March 28, 2012 at 2:10pm

      True!!!

      What form do we think that will take?
      They might go for a single-payer / tax plan, but, they no longer have the votes and I don’t think they have the political capital to spend in an election year. Just look at obama’s hot mic comments about Russia.

      What do you think ?

      Report Post » TomFerrari  
  • TheObamanation
    Posted on March 28, 2012 at 1:28pm

    Obamacare is like every Chevy Volt exploding at once …

    Report Post » TheObamanation  
  • IMCHRISTIAN
    Posted on March 28, 2012 at 1:28pm

    and in addition, I hope for a November wreck when we have our the legal voting process in and out he and all his cohorts go. We need our America back.

    Report Post »  
  • hi
    Posted on March 28, 2012 at 1:23pm

    What! You mean something that goes completely against the Constitution and shouldn’t have been shoved down our throats in the first place may be shot down??

    Report Post » hi  
    • AvengerK
      Posted on March 28, 2012 at 1:34pm

      Yeah…I noticed that too…Toobin is almost wearing a black arm band in mourning for something that‘s looking to be found unconstitutional and thankfully won’t be shoved down the nation’s throat by a democrat congress that used budget tricks, pay offs and three card monty to “deem” it passed.

      Report Post »  
  • ColoradoMaverick
    Posted on March 28, 2012 at 1:16pm

    He’s right about Obamacare being a train wreck. he’s wrong on the timing. It’s been a train wreck since the day Obama signed it against the will of the American People.

    Report Post » ColoradoMaverick  
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