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To: Kaslin

The biggest potential good news in the exposure of Jonathan Gruber’s lies is that it implies Chief Justice Roberts was essentially correct in ruling Obamacare a tax. If he really was ruling based on the letter of the law and the merits of the case, that improves our chances of restoring freedom when the Supremes rule on King v. Burwell in round 2 of the Obamacare decisions.

I still think Roberts should have ruled on the letter of the law and the lack of a severability clause, invalidating the whole evil law, but there is hope for America if Roberts is willing to decide honestly.


13 posted on 11/12/2014 4:10:00 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Pollster1
.. if Roberts is willing to decide honestly.

Given his capitulation to date, I'll not be holding my breath.

17 posted on 11/12/2014 4:30:30 PM PST by tomkat
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To: Pollster1

I am no staunch defender of Roberts, but it strikes me that he could have been smart enough to recognize the need to put this to sleep permanently, not just until the liberals could figure some way to salvage it.

The case before them was it a tax or was the government able to dictate citizens had to purchase something. His ruling it a tax made it then vulnerable to the Origination Clause. Severability was the key the dems in such a rush forgot, and which makes the whole thing require re-doing by Congress if any part is not constitutional. Origination due to it being a tax, can kill it whenever a case filters up on Origination.

Had the Court allowed the fee to stand (as opposed to being a tax)the constitutional argument would have gone to the Commerce Clause, which has never worked out well when challenged by many previous SCOTUS’s. Many not so good laws have survived due to calling up the Commerce Clause quagmire, Roberts did us a favor in keeping nobamacare out of it.


28 posted on 11/12/2014 6:11:42 PM PST by X-spurt (CRUZ missile - armed and ready.)
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