Laura Ingraham Show: Rivkin confident government lawyers will lose ObamaCare case

Lawyer from 26-state lawsuit believes Justice Kennedy will undo ObamaCare

Published on June 22, 2011

by Brent Baldwin


OfficialWire PR News Bureau

Former White House lawyer David B. Rivkin, Jr. was the first public figure to question the constitutionality of the individual mandate in the Affordable Care Act. His argument has proven to be a winner in the courts.

Radio host and author Laura Ingraham recently invited Rivkin on her June 20, 2011 broadcast to talk about the president’s actions in Libya as well as give an update on the major lawsuit against ObamaCare, which is heading for a Supreme Court showdown.

Rivkin said he remains “very optimistic” that by June of next year, the statute “either in its entirety or its most objectionable provisions, will be taken down by the Supreme Court in a 5-4 decision.”

Rivkin said the government was trying to argue that there is a limiting principle that applies to the Commerce Clause. But well over a year into the case, they were having no such luck. “You would expect the government’s arguments to be sharpened, that they would improve, that you would see some opportunities for life down the road,” Rivkin said. “Nothing like that has happened.”

Rivkin called the government’s argument the “time travel theory” and noted that even the American Medical Association was seeking to end its support of the mandate.

When asked by the host to predict the outcome at the Supreme Court level, Rivkin said he had faith that Justice Anthony Kennedy would vote against the constitutionality of the mandate. He noted that Kennedy recently wrote a majority opinion that affirmed a strong conviction that the dual sovereignty system was the essence of our constitutional architecture.

After being congratulated by Ingraham for his tireless work on the case, Rivkin said the case “went beyond healthcare . . . This is really about what kind of country we live in.”

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