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Sen. Mike Lee: Justice Roberts’ Obamacare ruling was ‘a betrayal of his judicial oath’
The Washington Examiner' Beltway Confidential ^ | June 20, 2013 | Joel Gehrke

Posted on 06/20/2013 1:27:29 PM PDT by 2ndDivisionVet

Sen. Mike Lee, R-Utah, was disappointed when the U.S. Supreme Court upheld Obamacare. One year later — having thought about the case, gotten some distance from the issue, reviewed the ruling opinion — he’s confident of one thing: Chief Justice John Roberts engaged in “a betrayal of his judicial oath,” one that amounts to “a form of tyranny.”

“In this case, I can’t be sure what exactly motivated Chief Justice John Roberts,” Lee said last night during a Charles Koch Institute event on “Freedom, Laws, and the Commerce Clause” at the Kirby Center for Constitutional Studies. “But what we do know is this: in this case, he appears to have undertaken a ‘split the baby strategy.’ It didn’t work. [It's] not just that it didn’t work, but it amounted, I believe, to a betrayal of his judicial oath. He engaged in law-making and this is wrong.”

Lee acknowledged that it’s a bit uncomfortable to criticize Roberts, due to his respect for the chief justice (a friend of the late Rex Lee, the senator’s father) and for the Supreme Court as an institution.

Here’s how I justify it in my own mind,” he said. “John Roberts did my job. I would not be criticizing him had he not treaded on my grass. He did my job and I’m going to call him out on it.”(continued)

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; US: Utah
KEYWORDS: abortion; aca; carbontax; charleskochinstitute; congress; deathpanels; energy; impeachment; justiceroberts; kenyanbornmuzzie; mikelee; obama; obamacare; opec; scotus; supremecourt; utah; zerocare
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Comments?
1 posted on 06/20/2013 1:27:29 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

I would suggest impeachment, but as bad, crooked or compromised that Roberts is, I’m certain he is better then ANYONE the kenyan would put on the court.


2 posted on 06/20/2013 1:31:15 PM PDT by The Sons of Liberty (Jesus, Please Save America!)
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To: 2ndDivisionVet

Comments?

What difference does it make.


3 posted on 06/20/2013 1:32:04 PM PDT by EQAndyBuzz (The reason we own guns is to protect ourselves from those wanting to take our guns from us.)
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To: 2ndDivisionVet

He either advocates impeachment or requests that congress override the ruling. Otherwise he is merely looking for conservatives donations.


4 posted on 06/20/2013 1:33:04 PM PDT by Raycpa
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To: 2ndDivisionVet

Justice Roberts will go down in history as one of the biggest traitors in all of American history. Traitor to the Constitution he swore to uphold. His ruling will haunt America for all eternity.


5 posted on 06/20/2013 1:33:51 PM PDT by Obama_Is_Sabotaging_America (PRISON AT BENGHAZI?????)
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To: The Sons of Liberty
I’m certain he is better then ANYONE the kenyan would put on the court.

I could imagine, in replacing Roberts, Obama would be more than happy to nominate Van Jones, then move Kagan into the Chief Justice slot.

6 posted on 06/20/2013 1:36:30 PM PDT by ScottinVA ( Liberal is to patriotism as Kermit Gosnell is to neonatal care.)
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To: 2ndDivisionVet

It appears the supreme court has frog marched at least one other big challenge to Obamacare that should go before them in the Fall of 2013.

Speculation is that if the supremes wanted to keep obamacare intact—they would not have rushed another challenge to their bench.


7 posted on 06/20/2013 1:37:33 PM PDT by ckilmer
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To: 2ndDivisionVet

Roberts was bought and sold himself out.
May his conscience bother him for eternity.


8 posted on 06/20/2013 1:38:04 PM PDT by Minutemen ("It's a Religion of Peace")
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To: 2ndDivisionVet

Is there anyone here who doubts that Roberts was coerced into this decision using NSA data?


9 posted on 06/20/2013 1:38:15 PM PDT by sonofagun (Some think my cynicism grows with age. I like to think of it as wisdom!)
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To: 2ndDivisionVet

Has the SCOTUS ever before this changed the wording of a Law to ‘make it Constitutional’? As the Justices changed the wording, thereby completely altering the Law, it should have been sent back to the House and Senate to be voted on again. That Law would have NEVER PASSED with the word ‘tax’ in it. Maybe Roberts had some blackmail issues? I will never respect him again.


10 posted on 06/20/2013 1:38:19 PM PDT by originalbuckeye (Never yield to force; never yield to the apparently overwhelming might of the enemy)
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To: 2ndDivisionVet

Still waiting for Big Announcement from the John Boehner’s son, Glenn Beck....


11 posted on 06/20/2013 1:40:08 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: 2ndDivisionVet
"He engaged in law-making and this is wrong.”

That in itself is grounds for overturning; however, Roberts would recuse himself and the decision would be 4-4...and not overturned.

We're so screwed!

12 posted on 06/20/2013 1:42:22 PM PDT by newfreep (Breitbart sent me...)
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To: 2ndDivisionVet
“In this case, I can’t be sure what exactly motivated Chief Justice John Roberts

Oh I think you have an idea what motivated him Mike.

13 posted on 06/20/2013 1:43:12 PM PDT by The Cajun (Sarah Palin, Mark Levin, Ted Cruz, Trey Gowdy......Nuff said.)
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To: 2ndDivisionVet

Good for Mike Lee to call Roberts out on this. Talk show hosts have done it, but I don’t recall any elected officials having done so.

Roberts was trying to triangulate for some reason, rather than strictly follosing the constitution. He lost all credibility in doing so.

BTTT


14 posted on 06/20/2013 1:43:37 PM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: Obama_Is_Sabotaging_America; All

Justice Roberts will go down in history as one of the biggest traitors in all of American history. Traitor to the Constitution he swore to uphold. “

Yep

What made him do it?

That is a real question.


15 posted on 06/20/2013 1:45:50 PM PDT by stephenjohnbanker
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To: Minutemen
may his conscience bother him for eternity

If by any chance he (Roberts) did this to save himself or his family some embarrassment he is beneath contempt.

16 posted on 06/20/2013 1:47:59 PM PDT by grania
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To: 2ndDivisionVet

Didn’t the other four also betray their oath? Of course, they were known traitors before the vote.


17 posted on 06/20/2013 1:50:45 PM PDT by GilesB
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To: 2ndDivisionVet

Might as well be called RobertsCare.


18 posted on 06/20/2013 1:54:46 PM PDT by TexasCajun
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To: stephenjohnbanker

A manila folder containing incriminating photos, phone call text, E-mails, etc., complements of 0bama’s NSA/DOJ/FBI?


19 posted on 06/20/2013 1:54:59 PM PDT by Obama_Is_Sabotaging_America (PRISON AT BENGHAZI?????)
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To: Obama_Is_Sabotaging_America

Do you remember some conservative commentators saying at the time that it was actually a very clever way of sabotaging Obamacare—by referring to the mandate as a tax? They were wrong.


20 posted on 06/20/2013 1:57:47 PM PDT by SC_Pete
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To: 2ndDivisionVet

Mike Lee has it exactly right


21 posted on 06/20/2013 1:58:12 PM PDT by Nifster
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To: 2ndDivisionVet

never forget the true traitor roberts. a name that will live in infamy.


22 posted on 06/20/2013 1:59:12 PM PDT by dadfly
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To: The Sons of Liberty; All
I would suggest impeachment, but as bad, crooked or compromised that Roberts is, I’m certain he is better then ANYONE the kenyan would put on the court.

But if Obama guard dog Fx News made sure that voters understood that Justice Roberts was being impeached for giving the green light to constitutionally indefensible Obamacare, wouldn't that reflect on Obama as a Constitution-ignoring activist, increasing Obama's chances of getting impeached if conservatives can win control of Congress in 2014?

Next, please note that the following critique is about the article, not you The Sons of Liberty.

The article didn't mention if Sen. Lee mentioned that Justice Roberts "overlooked" that the Gibbons v. Ogden opinion, which Roberts used to help give the green light to Obamacare, contained the following two statements. These statements clearly indicate that federal healthcare programs are constitutionally indefensible unless the states appropriately amend the Constitution.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphasis added)." --Gibbons v. Ogden, 1824.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.


23 posted on 06/20/2013 2:00:44 PM PDT by Amendment10
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To: Amendment10

NObama would get what he wants the whole system is corrupted.


24 posted on 06/20/2013 2:11:41 PM PDT by Resolute Conservative
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To: 2ndDivisionVet

I think Roberts was/is drugged.


25 posted on 06/20/2013 2:12:31 PM PDT by GVnana
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To: Obama_Is_Sabotaging_America

A manila folder containing incriminating photos, phone call text, E-mails, etc., complements of 0bama’s NSA/DOJ/FBI?”

Very possible.


26 posted on 06/20/2013 2:15:19 PM PDT by stephenjohnbanker
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To: Minutemen

Respect is earned not demanded, he should know this.


27 posted on 06/20/2013 2:15:58 PM PDT by glyptol
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To: 2ndDivisionVet

Roberts is either blackmailed or he;s another waste from a republican President.

Lee, Cruz, Sarah , the congressman from SC , forget his name and a couple of others are the only true people fighting


28 posted on 06/20/2013 2:20:21 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: 2ndDivisionVet

Okay, my LIMITED understanding was that the liberals on the court had the votes to get Obamacare through without Roberts, Scalia, Thomas, and/or Alito, and that Roberts switched his vote so that he could write the decision and disembowel it from within. Not that the ‘Pubbies seem to be doing much with whatever opportunities he created for them.

Alternately, there is that story about irregularities with the adoption of his children.


29 posted on 06/20/2013 2:21:11 PM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: ScottinVA

I still think Kagen was calling her messiah during the case and before the verdict to let bozo know how the vote might go and then low and behold Roberts probably after being blackmailed sides with the fairy pants


30 posted on 06/20/2013 2:21:33 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: stephenjohnbanker

BLACKMAIL IMHO


31 posted on 06/20/2013 2:22:04 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: ScottinVA

“I’m certain he is better then ANYONE the kenyan would put on the court.”

But in due time, he needs to go! My guess is that any moves will have to wait until after next year’s elections. If we manage to get a Republican Senate that can really be counted on not to approve any SCOTUS nominations from FUBO, then I’d like to see impeachment of Roberts.


32 posted on 06/20/2013 2:23:06 PM PDT by vette6387
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To: Minutemen

“May his conscience bother him for eternity.”

That’s all well and good, but it does the country little good. Now jail, that’s another matter!


33 posted on 06/20/2013 2:24:23 PM PDT by vette6387
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To: manc; ScottinVA

This IRS, and NSA scandal proved that the Obama admin is a criminal enterprise. Blackmail would be just routine.


34 posted on 06/20/2013 2:25:08 PM PDT by stephenjohnbanker
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To: manc

He ahas a job for life why should he care! Scotus needs to be looked at and amended for terms. For life is too long!
The idealogy of an appointment to last for life of a judge only perpetrates power to the nominating party!


35 posted on 06/20/2013 2:28:02 PM PDT by Conserev1 ("Still Clinging to my Bible and my Weapon")
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To: Raycpa

Count me in on this as well....

There are too many politicians putting on shows to get attention from talk radio and so on.

Over 90 percent of the GOP elected officials are posturing phonies.....


36 posted on 06/20/2013 2:36:19 PM PDT by Nextrush (A BALANCED BUDGET NOW AND PRESIDENT SARAH PALIN ARE AT THE TOP OF MY LIST)
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To: manc

Roberts is either blackmailed or he;s another waste from a republican President.
********************************************************************
I suspect blackmail. Not likely to be a ‘dead girl’ but could well be a ‘live boy’.


37 posted on 06/20/2013 2:36:30 PM PDT by House Atreides
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To: manc

I think the actual number is smaller than that....there are some emotional posers in the crowd.


38 posted on 06/20/2013 2:38:11 PM PDT by Nextrush (A BALANCED BUDGET NOW AND PRESIDENT SARAH PALIN ARE AT THE TOP OF MY LIST)
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To: 2ndDivisionVet

Commentators and others have often made such criticism but it is extremely rare for a sitting Senator of the same party as a Judge to make such a pronouncement after a serious reflection.

This is not worded as viewing the ruling as wrongly decided, or disagreeing with it, but instead, pinning it to the Chief Justice, citing where its wrong, attributing a poor foundation for the decison and assigning a base motive. Lee is going all-in with a pronouncement like this and he also does it in a book as I understand it.


39 posted on 06/20/2013 2:49:35 PM PDT by KC Burke (Officially since Memorial Day they are the Gimmie-crat Party.)
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To: Obama_Is_Sabotaging_America
Justice Roberts will go down in history as one of the biggest traitors in all of American history.

Not if the Commie left write the history of the 21st century.

40 posted on 06/20/2013 2:52:29 PM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: 2ndDivisionVet
He;s being BLACKMAILED because 1. He's either GAY or 2. His two adopted children were adopted ILLEGALLY...or 3. BOTH!! He is a BIGGER DISAPPOINTMENT than even RUBIO has been!!!

Is RUBIO BEING BLACKMAILED ALSO??? hmmmmmm

41 posted on 06/20/2013 3:52:46 PM PDT by Ann Archy (Abortion.....the HUMAN Sacrifice to the god of Convenience.)
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To: SharpRightTurn

Sen Lee is more than a Senator. He was a law clerk for Alito so worked in the belly of the beast.

Lee KNOWS exactly how these go. The “tax” was presented as a penalty and is a penalty so Obamacare should have been struck doewn.

Lee said Roberts said it is not valid as is, so I will re-write it. Totally illegal for a court to do that.


42 posted on 06/20/2013 4:00:32 PM PDT by shalom aleichem
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To: 2ndDivisionVet

Robert’s was RIGHT.

Obamacare is basicly a TAX, and it is not a violation of the government’s ability to tax. The Socialists didn’t want it called a “Tax”, but the allies in the media have made sure that the sheeple never hear that word.


43 posted on 06/20/2013 4:27:21 PM PDT by tcrlaf (Well, it is what the Sheeple voted for....)
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To: Amendment10
Roberts "overlooked" that the Gibbons v. Ogden opinion

He was rushed when he changed his position at the last moment and he may have "overlooked" the opinion accidentally, however since he was being controlled by the dictator, he had no choice.

I doubt if we'll ever get all the facts, but the 0bamacare decision will prove to be one of the darkest, and dirtiest days in American history. I just pray that Roberts has a very long memory and bears a large grudge, so that one day 0bama will get the payback he so richly deserves.

44 posted on 06/20/2013 4:49:51 PM PDT by The Sons of Liberty (Jesus, Please Save America!)
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To: tcrlaf; All
Obamacare is basicly a TAX, and it is not a violation of the government’s ability to tax.

Thank you for posting tcrlaf. And speaking of the Obamacare tax, did you notice the following two excerpts from Gibbons v. Ogden which were posted earlier in this thread?

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.

Since Justice Roberts referenced Gibbons v. Ogden in the Obamacare decision, the question is how did Roberts miss seeing that Justice Marshall had previously officially clarified the following? Not only is healthcare a state power issue, such issues protected by the 10th Amendment, but Congress is prohibited from laying taxes in the name of state power issues.

Note that state power issues are essentially any issue, such as healthcare, which Congress has no authority to address under its constitutional Section 8, Article I-limited powers.

45 posted on 06/20/2013 5:14:09 PM PDT by Amendment10
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To: shalom aleichem

“Lee said Roberts said it is not valid as is, so I will re-write it. Totally illegal for a court to do that.”

You’re absolutely right. I’m gratified that Lee publicly said this. I hope others will start speaking out about legislating from the bench.


46 posted on 06/20/2013 5:16:03 PM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: vette6387

You know he’s not going to jail.


47 posted on 06/20/2013 6:31:05 PM PDT by Minutemen ("It's a Religion of Peace")
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To: 2ndDivisionVet

Good for Mike Lee. Somebody needed to say it. Its true.


48 posted on 06/20/2013 6:46:17 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: 2ndDivisionVet

Arkancide in 3....2....


49 posted on 06/20/2013 6:52:24 PM PDT by Albion Wilde ("Remember... the first revolutionary was Satan."--Russian Orthodox Archpriest Dmitry Smirnov)
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To: SC_Pete
>> Do you remember some conservative commentators saying at the time that it was actually a very clever way of sabotaging Obamacare—by referring to the mandate as a tax? They were wrong. <<

You also had the "silver lining" people saying that thanks to Roberts' ruling, the GOP now has a campaign issue to hang around Obama's neck in November, and it guarantees he will lose re-election.

50 posted on 06/20/2013 7:53:59 PM PDT by BillyBoy (Impeach Obama? Yes We Can!)
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