Mar 28, 2012

QUOTE OF THE DAY: Justice Scalia, "Can that possibly be the law?"

From today's Supreme Court oral argument on the Affordable Care Act regarding severability:
JUSTICE SCALIA: Mr. Kneedler, there are some provisions which nobody would have standing to challenge. If the provision is simply an expenditure of Federal money, it doesn't hurt anybody except the taxpayer, but the taxpayer doesn't have standing. That -- that just continues.

Even though it is -- it should -- it is so closely allied to what's been struck down that it ought to go as well. But nonetheless, that has to continue because there's nobody in the world that can challenge it.

Can that possibly be the law?

Unfortunately, Justice Scalia, under the current legal interpretation of "Standing," that is exactly what our law is today.