Patterico's Pontifications

3/15/2010

The Constitutionality of the Slaughter Solution

Filed under: Health Care,Law — DRJ @ 10:53 am

[Guest post by DRJ]

Via Jonathan Adler at Volokh, “It May Be Clever, but It Is Not Constitutional.”

– DRJ

42 Comments

  1. [...] ObamaCare stuff: Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and ObamaCare: Vultures suddenly appear and Pelosi Logic and Democrats’ Newest Strategy: [...]

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  2. [...] We have to pass the bill so you can find out what’s in it! Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Democrats may have Health Care Deal; Choose Student Loans Over Babies and ObamaCare: Vultures [...]

    Pingback by Appalling: Full Year Wasted by Obama on ObamaCare Obsession… Sen. Scott Brown Lets POTUS & Pelosi Have It (video) « Frugal Café Blog Zone (a66042) — 3/15/2010 @ 11:21 am

  3. well, now i know why i was getting “database errors” when i tried to reload… %-)

    Comment by redc1c4 (fb8750) — 3/15/2010 @ 11:46 am

  4. It’s only clever in theory, in that House Dems think this would allow them to deny that they voted for the Senate bill… but it falls apart in real life as it exists outside the machinations of Capitol Hill.

    Do the Dems think the public is too stupid to realize that their Congressman voted ‘yes’ in some way that made Obamacare possible? Or that the GOP isn’t going to runs ads charging that each yes vote bore responsibility for enacting Obamacare?

    Comment by steve sturm (369bc6) — 3/15/2010 @ 12:31 pm

  5. 4.It’s only clever in theory, in that House Dems think this would allow them to deny that they voted for the Senate bill… but it falls apart in real life as it exists outside the machinations of Capitol Hill.

    Well, as a practical matter, this unconstitutional maneuver is “clever” in that they don’t have the votes to pass Senate bill unamended. Passing the amendments along with the bill gets them the vote.

    I really don’t think they care about getting re-elected. As has been widely reported, this fundamentally transforms the US and greatly expands government. I doubt anyone has been stupid enough to offer a quid pro quo a la Sestak. I.E. you’ll be taken care of if you sacrifice your electoral chances. But I doubt any of these people are worried about having a job if they get voted out over this.

    Don’t get me wrong. This is an authoritarian bill that tramples upon the citizen. But it’s also a huge federal boondoggle. That needs to get out more. There are going to be a lot of new jobs for those federal bureaucrats coming between you and your doctor. And activist organizations who will get slices of the pie.

    After all, this will not bring costs down. You’ll be paying more for less. What do you think you’ll be paying for? All those people living large on your taxes, that’s what.

    Comment by Steve (7d8b00) — 3/15/2010 @ 12:41 pm

  6. I heard a caller on a radio talk show today suggest that the Repubs call Obama’s bluff about “an up or down vote”. That all the Repubs should stand up and say, “OK, let’s vote on it. The president has said ‘we’ve had enough talk, it’s time for action’, so act, we’re not standing in the way”.

    I guess it would be horrendous if they passed it out of spite, but there is a certain logic to it.

    What ya’ll think?

    Comment by MD in Philly (70a1ba) — 3/15/2010 @ 1:02 pm

  7. I think the real purpose of the Slaughter plan (how appropriate a name) is to take the focus off the fact that reconciliation is also cheating.

    Repubs: You don’t have the votes to pass it in a democratic manner.

    Dems: Well, we’ll do it in reconciliation then. And if that isn’t undemocratic enough, we’ll start really cheating. Louise, get in here.

    Comment by Hadlowe (077382) — 3/15/2010 @ 1:25 pm

  8. “That all the Repubs should stand up and say, “OK, let’s vote on it.”

    So which republicans would vote for cloture? All of them? This would be great!

    Comment by imdw (829dfa) — 3/15/2010 @ 1:30 pm

  9. Agreed, MD, since they obviously do not have the notes. If they had them, they would have voted already.

    Comment by JD (cfb3e8) — 3/15/2010 @ 1:58 pm

  10. [...] We have to pass the bill so you can find out what’s in it! Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies and [...]

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  11. Note to Imadickwad….
    There is no cloture in the House, as there is no “extended debate”, and it is the House vote that is on the table.
    Please try to keep up.

    Comment by AD - RtR/OS! (913281) — 3/15/2010 @ 5:44 pm

  12. I’m curious as to any provisions in either the House or Senate bill for trauma-care – since the fit may hit the shan if this passes, will our wounded be taken care of?

    Comment by AD - RtR/OS! (913281) — 3/15/2010 @ 5:47 pm

  13. No, but theirs will be.

    Comment by Kevin Murphy (3c3db0) — 3/15/2010 @ 8:14 pm

  14. ”
    There is no cloture in the House, as there is no “extended debate”, and it is the House vote that is on the table.”

    Yes I’m aware of this. But if we could go back to the senate and get cloture, things would be a lot simpler now.

    Comment by imdw (8f8ead) — 3/15/2010 @ 8:20 pm

  15. Yes, you would not have to lie, cheat, or steal if you could get cloture.

    MD hit on a point that interests me. Obviously they do not have the votes. Maybe the Republicans should push for an immediate vote.

    Comment by JD (7cdb18) — 3/15/2010 @ 8:36 pm

  16. But if we could go back to the senate and get cloture, things would be a lot simpler now. Comment by imdw

    But if my Aunt had testicles she’d be my Uncle.

    Comment by Have Blue (854a6e) — 3/15/2010 @ 10:30 pm

  17. That boy must surely be tired from moving those goal-posts all over the field.

    Comment by AD - RtR/OS! (913281) — 3/15/2010 @ 10:54 pm

  18. [...] Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

    Pingback by Obama’s Math Lie: Health Care Premiums Will Decrease 3,000%, So You Should Get a Raise When/If ObamaCare Is Passed (video) « Frugal Café Blog Zone (a66042) — 3/16/2010 @ 8:33 am

  19. [...] Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  20. [...] Health Care and Pelosi: I Like This Unconstitutional Sleight of Hand for Passing ObamaCare and The Constitutionality of the Slaughter Solution and Health Care 101 The Lonely Conservative: No Lie Too Big for Obama: Health Care Reform Will [...]

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  21. [...] Health Care and Pelosi: I Like This Unconstitutional Sleight of Hand for Passing ObamaCare and The Constitutionality of the Slaughter Solution and Health Care 101 The Lonely Conservative: No Lie Too Big for Obama: Health Care Reform Will [...]

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  22. [...] Health Care and Pelosi: I Like This Unconstitutional Sleight of Hand for Passing ObamaCare and The Constitutionality of the Slaughter Solution and Health Care 101 The Lonely Conservative: No Lie Too Big for Obama: Health Care Reform Will [...]

    Pingback by Priceless: Phone Meltdown in DC Against ObamaCare, DC Tea Party Protest Rally Inspiring… Keep It Up, America! (video) « Frugal Café Blog Zone (a66042) — 3/16/2010 @ 6:09 pm

  23. [...] Health Care and Pelosi: I Like This Unconstitutional Sleight of Hand for Passing ObamaCare and The Constitutionality of the Slaughter Solution and Health Care 101 The Lonely Conservative: No Lie Too Big for Obama: Health Care Reform Will [...]

    Pingback by Priceless: Phone Meltdown in DC Against ObamaCare, DC Tea Party Protest Rally Inspiring… Keep It Up, America! (video) « Frugal Café Blog Zone (a66042) — 3/16/2010 @ 6:09 pm

  24. [...] reading: Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  25. [...] Related reading: Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  26. [...] The Soft Bigotry of the Democrats abortion legislation Patterico’s Pontifications: The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  27. [...] Patterico’s Pontifications: ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  28. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  29. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  30. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  31. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution and Health Care 101 and Democrats may have Health Care Deal; Choose Student Loans Over Babies The [...]

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  32. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

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  33. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

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  34. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

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  35. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

    Pingback by Negative 20… Obama’s Prez Approval Index Still Terrible & Wolverines’ “One-Term President OTP” Music Video « Frugal Café Blog Zone (a66042) — 3/18/2010 @ 7:50 am

  36. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

    Pingback by Negative 20… Obama’s Prez Approval Index Still Terrible & Wolverines’ “One-Term President OTP” Music Video « Frugal Café Blog Zone (a66042) — 3/18/2010 @ 7:50 am

  37. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

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  38. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

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  39. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution The Powers That Be:Obama: Pass Health Care Bill and Employer Premiums Will Decrease 3,000 Percent [...]

    Pingback by “DemonPass Lambs-to-the-Slaughter” Bill Passed, 222 – 203… Call Congress Today « Frugal Café Blog Zone (a66042) — 3/18/2010 @ 12:07 pm

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    Pingback by “DemonPass Lambs-to-the-Slaughter” Bill Passed, 222 – 203… Call Congress Today « Frugal Café Blog Zone (a66042) — 3/18/2010 @ 12:07 pm

  41. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution Nice Deb: Video:Obama Tells Ohio Audience “Premiums Will Decrease 3000% Under ObamaCare”… and [...]

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  42. [...] of Hand for Passing ObamaCare and ObamaCare: Lazy WaPo bloggers relay bogus Dem talking point and The Constitutionality of the Slaughter Solution Nice Deb: Video:Obama Tells Ohio Audience “Premiums Will Decrease 3000% Under ObamaCare”… and [...]

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