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HereSince1628

(36,063 posts)
7. That's why he discusses striking down parts of the law that aren't in the law.
Thu Mar 29, 2012, 10:12 AM
Mar 2012

Scalia mocks health care law ‘Cornhusker Kickback’ provision—that no longer exists
By Olivier Knox | The Ticket – 17 hrs ago

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Conservative Justice Antonin Scalia suggested on Wednesday that the Supreme Court could strike the "Cornhusker Kickback" from President Barack Obama's landmark health care overhaul without having to invalidate the whole law. He was right, in a way: The notorious provision isn't in the law.

The "Cornhusker Kickback" was the derogatory nickname of one of several sweetheart deals designed to ensure that the law had enough votes to pass. Amid a public uproar, lawmakers ultimately stripped the measure from the law.

But no one—not Scalia's eight colleagues on the highest court in the land, not Deputy Solicitor General Edwin Kneedler, there to represent Obama, and not the superstar lawyer challenging the law on behalf of 26 states, Paul Clement—challenged his claim.

Latest Discussions»General Discussion»Scalia Says Court Can’t B...»Reply #7