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The Case for John Roberts
The Weekly Standard ^ | 6:00 AM, Jun 29, 2012 | JAY COST

Posted on 06/29/2012 9:04:57 PM PDT by Ernest_at_the_Beach

Many conservatives are feeling betrayed by the chief justice's vote to uphold Obamacare. But there's a counterintuitive case to be made that John Roberts's decision is largely a victory for conservatives.

Every time I visit Washington, D.C., I am struck by a single, terrible thought: It is not just that conservatives are losing the various battles over big government, but they have been losing the war for generations. The most conservatives are ever able to do is tinker at the margins – and celebrating small victories like lowering marginal tax rates is a sign of just how low our sights are set.

Why has this happened? After all, this was a country founded in direct opposition to unlimited governmental power. How have we arrived at a point when the feds can do just about anything they want?

It is because, at critical moments in the nation’s history, the advocates of limited government were on the losing side of the political equation, and the opposition was very effective at consolidating its victory. Not only did big government advocates implement policy changes, they also brought about huge structural innovations to the way the government functions.

The progressives of the early 1900s managed this with the 16th Amendment, legalizing the income tax and opening up whole avenues of power that had been previously off limits. The political genius of that move must be admired: The left got its hands on the government for a relatively short period of time, but it sure made hay while the sun was out. We’re still paying the price today -- quite literally. Similarly, the New Deal took advantage of a national emergency to ram through ......

(Excerpt) Read more at weeklystandard.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: abortion; benedictroberts; deathpanels; jaycost; obamacare; scotus; zerocare
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To: doc1019
I just have a gut feeling that Roberts is playing a back game

Let's assume for the sake of argument that he is. Is that his job? This line of reasoning rests on the idea that the court system and the Constitution are just fodder for payback and politics and now mean nothing.

Whatever the reason, he went way, way out on a limb to do it because the opinion is just first rate gibberish.

141 posted on 06/30/2012 5:23:08 AM PDT by Poison Pill (Take your silver lining and SHOVE IT!)
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To: LibLieSlayer; KC Burke

I’m sorry. I should have italicized the first part of my post.


142 posted on 06/30/2012 5:28:30 AM PDT by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Jim from C-Town
he reason why he is on the bench is because we have to sly everyone of our appointments through the process or they will get the Bork treatment. Yet we can not even get absolute hacks like Kagan, Ginsburg and Sotomeyor to even be scrutinized by the Republican members of the Senate!

Yes that is very true but the real reason is the MSM who night after night will lead the news with any left wing cause

That is what cows the GOP and would do the same thing to the Democrats if it was reversed

Politicians by their nature are driven by only one thing--love of power

Once in a while we get Statesmen but that is rare

The only thing politicians respond to is pressure and sadly the left through the MSM has a huge advantage in that regard
143 posted on 06/30/2012 5:28:37 AM PDT by uncbob
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To: Jim from C-Town
He should be IMPEACHED. plain and simple!

What about the other 4 who voted with him
144 posted on 06/30/2012 5:30:25 AM PDT by uncbob
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To: Ken H
"...gives the Federal Government considerable influence even in areas where it cannot directly regulate. The Federal Government may enact a tax on an activity (or an inactivity) that it cannot authorize, forbid, or otherwise control."

I can see where this may become very useful for our gov't in the future...

145 posted on 06/30/2012 5:34:49 AM PDT by Iscool (You mess with me, you mess with the WHOLE trailerpark...)
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To: ChiMark
How did the left get Roberts? Drugs,sex maybe a gambling debt was fixed. perhaps he is promised a private meeting with Sarah Jessica... Remember the Chicago machine is at work.

How come they didn't get to Kennedy--He seemed like a more likely target
146 posted on 06/30/2012 5:37:06 AM PDT by uncbob
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To: doc1019

Face it America; John Roberts, he’s just not into you.


147 posted on 06/30/2012 5:38:20 AM PDT by Smokeyblue
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To: Smokeyblue

Face it America; John Roberts, he’s just not that into you.


148 posted on 06/30/2012 5:40:14 AM PDT by Smokeyblue
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To: uncbob
He is the Chief Justice... that carries a different set of skills and credentials. None of those other four would ever pass the procedures. They never were considered because they are not qualified. Roberts was an originalist by his testimony. By his presenting himself in the way that he did, he convinced the Senate to accept his appointment. HE promised to decide cases based only upon the Constitution and Stare Decisis. He violated his sworn oath. The other four should be impeached but there is not the will to do it. There is no will to do it with roberts. DC is corrupt and broken... nothing works as designed and satan reigns there.

LLS

149 posted on 06/30/2012 5:42:03 AM PDT by LibLieSlayer (Don't Tread On Me)
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To: jonrick46

This is where the evidence comes in that Roberts changed his vote after the opinions were written. The Dissent talks about this very issue- but doesn’t address it because they say it isn’t necessary.

It wouldn’t be necessary if the Dissent has originally been the Majority Opinion .

200 years from now people will look at this and say What the hell happened..why wasn’t the discussion necessary. Is it really not a tax????


150 posted on 06/30/2012 5:47:55 AM PDT by RummyChick
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To: oyez
You might say that Roberts laid a fork in the road.

You could say that, but it wouldn't be true!

Roberts put a fork into the Constitution and declared it dead.

And all these articles trying to declare that Roberts is a political genius is just RINO propaganda.

151 posted on 06/30/2012 6:01:19 AM PDT by CharacterCounts (A vote for the lesser of two evils only insures the triumph of evil.)
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To: LibLieSlayer

Doesn’t matter all the left needed was ONE vote whether it came from Roberts or Kennedy and Kennedy seemed like an easier target


152 posted on 06/30/2012 6:02:58 AM PDT by uncbob
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To: uncbob
Kennedy by his own admission was ready to strike the law down in its entirety. It was roberts alone that killed Constitutional rule of law.

LLS

153 posted on 06/30/2012 6:14:03 AM PDT by LibLieSlayer (Don't Tread On Me)
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To: freedomfiter2

Sorry if I missed your intent.

LLS


154 posted on 06/30/2012 6:23:55 AM PDT by LibLieSlayer (Don't Tread On Me)
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To: Ernest_at_the_Beach

excellent read and maybe we should thank Justice Roberts and do the job of killing bambi care ourselves......


155 posted on 06/30/2012 6:26:32 AM PDT by The Wizard (Madam President is my President now and in the future)
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To: All

To the left the end always justifies the means.
We forever fight them the hard way - let them freely create a lop-sided playing field because for us the end can never justify the means. We watched helplessly as they usurp the presidency, steal the elections, shove obozocare down our throats, mock us for not being able to stop their lawlessness.......
Isn’t it time to level the playing field?
If CJ Roberts was indeed diabolically (yet observing the constitution) allowing obozocare stand as a tax issue thus opening the doors for us to more easily repeal it, or shocking us into voting out obozo and the bums, we should be glad that we finally are in the offense, instead of always stuck in the defense mode.
There is nothing wrong with diabolically working within the constitutional framework to surround them in order to achieve our goals.
When doing the obvious (a simple ruling that obozocare is unconstitutional) will hand them the victory, wouldn’t you do the less obvious to snatch victory from them?
We all know obozo will simply ignore the supreme if they rule obozocare unconstitutional and they will fight even harder, blaming the supreme while rallying their obots to another election victory.

The end - removing obozo, obozocare and the dems
The means - less obvious but still within the bounds of the constitution, such as -
***exposing their lies (it is a TAX!)
*** fanning the fire to vote them out (must remove obozo to remove obozocare!),
*** forcing them into defense while giving them a false sense of ‘victory’.

In an ideal world, the supreme will do the obvious.
This not an ideal world! It is a matter of survival. Wouldn’t you do things to survive?

If CJ Roberts had been coerced/threatened into a ruling for obozocare, his ruling has accomplished 2 things at once - hand them a false victory, and, save his own skin while dealing them a gigantic blow!

Embrace the winning strategy!
Know your enemies. Do not fight blindly!


156 posted on 06/30/2012 6:38:33 AM PDT by chrisnj
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To: LibLieSlayer

I know that my point is why did as you say Roberts get pressured by the left but not Kennedy who would seem a more likely target


157 posted on 06/30/2012 6:39:09 AM PDT by uncbob
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To: chrisnj
"If CJ Roberts was indeed diabolically"

He was diabolical only to liberty loving people.

"(yet observing the constitution)"

He didn't. He obliterated the Constitution.

"allowing obozocare stand as a tax issue"

He wrote law, saved Obama, Obamacare, and opened the door to tyrannies never before possible.

"thus opening the doors for us to more easily repeal it"

Sure, why take a guaranteed win today when you can delay and hope and pray for a non-guaranteed victory later?

You know the old saying. Two in the bush is better than one in the hand.

"shocking us into voting out obozo and the bums,"

Not his job.

"we should be glad"

You are delusional.

"that we finally are in the offense"

Yah!!! Roberts handed our enemies a victory so we have to fight another battle for no good reason. He snatched defeat from the jaws of victory. Yah!!!

What a kind and just overlord Justice Roberts is. I'm so thankful he's benevolent.

158 posted on 06/30/2012 7:02:18 AM PDT by Smokeyblue
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To: Ernest_at_the_Beach
It is pathetic to watch people try to make a rosy scenario out of this disaster. Roberts could have said everything he said about the Commerce Clause AND ruled all of Obamacare unconstitutional. That is what he should have done.

The Supreme Court is political and ideological. All Justices are hired in the hope that they will tend to rule in the chosen direction. Claims to the contrary are lies.

159 posted on 06/30/2012 7:20:53 AM PDT by Anti-Bubba182
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To: chrisnj

It does not matter... the ONLY thing that matters is that a Chief Justice of the Supreme Court operate strictly within the confines of the Constitution and his oath of office. If he violates that for any reason... he or she is not worthy to hold that position.

LLS


160 posted on 06/30/2012 7:24:11 AM PDT by LibLieSlayer (Don't Tread On Me)
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