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The Vindication of John Roberts
American Thinker ^ | 11/19/2014 | Gene Schwimmer

Posted on 11/19/2014 5:12:10 AM PST by Servant of the Cross

At the time of this writing, six “Gruber videos” have been released and “gone viral,” as they say in YouTube land. These are the videos of course, in which “Obamacare architect” Jonathan Gruber lets the cat out of the bag on the process of enacting the Patient Protection and Affordable Care Act, aka Obamacare, aka The Greatest Consumer Fraud Perpetrated on the American People, Ever.

Of the many Gruber quotes burning up the internet, I was especially struck by this one, to which Charles Krauthammer refers in a recent article:

Gruber said, the bill’s authors manipulated the nonpartisan Congressional Budget Office, which issues gold-standard cost estimates of any legislative proposal: “This bill was written in a tortured way to make sure CBO did not score the mandate as taxes.” Why? Because “if CBO scored the mandate as taxes, the bill dies.” And yet, the president himself openly insisted that the individual mandate – what you must pay the government if you fail to buy health insurance – was not a tax.

Obviously, writing a bill “in a tortured way” to prevent scoring the individual mandate as a tax is to admit that the individual mandate is, in fact, a tax.

But the Gruber did something else, too, which was to trigger a memory of another, earlier quote (emphasis mine, citation omitted):

In answering that constitutional question [of whether the Affordable Care Act’s individual mandate is a tax], this Court follows a functional approach, “[d]isregarding the designation of the exaction, and viewing its substance and application.”

Such an analysis suggests that the shared responsibility payment [i.e.¸ the individual mandate] may for constitutional purposes be considered a tax.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: aca; americanthinker; california; cbo; datamanipulation; dreadjohnroberts; geneschwimmer; gruber; grubergate; johnroberts; jonathangruber; nancypelosi; obamacare; robertscourt; scotus; scotusobamacare
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To: bigbob
"...fire trucks, police uniforms, road graders..."

State, State, State, etc... See Amendment X.
41 posted on 11/19/2014 6:21:30 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: iontheball

yes, verbal gymnastics...intellectual gymnastics too - he was trying to be too smart by half.


42 posted on 11/19/2014 6:24:12 AM PST by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: Servant of the Cross

Interesting take.....I’ll chew on it.


43 posted on 11/19/2014 6:25:55 AM PST by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: Servant of the Cross

I always felt that Roberts had really given the GOP a way to get the whole law overturned, because a tax must originate in the House, and this one didn’t.

I thought GOP leaders missed their big chance (whether intentionally or not).


44 posted on 11/19/2014 6:30:28 AM PST by livius
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To: Dr. Sivana

as far as I am aware there are no limits on what the government can tax.


45 posted on 11/19/2014 6:30:36 AM PST by TexasFreeper2009 (Obama lied .. the economy died.)
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To: livius
Totally immaterial. GOPe leadership has no intention of overturning this, and they used the convenient excuse of being in the minority at the time.

Now that they've been handed a majority they'll find some other feckless reason to not oppose it.

In fact, I'd hazard a guess that the GOPe leadership views their majority in both houses as a liability and an inconvenience; it makes them have to go make other excuses for doing nothing about anything.

46 posted on 11/19/2014 6:33:20 AM PST by OKSooner
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To: OKSooner

As I said, the GOP may have dropped the ball intentionally - or they may simply have been too stupid and intimidated to pick it up when it was handed to them. But I think Roberts did give them a way of overturning the whole law, and for some reason, they just chose not to do so.


47 posted on 11/19/2014 6:35:05 AM PST by livius
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To: originalbuckeye
IIRC, The Senate took a Bill that had originated in the House, took every word out of THAT Bill, and inserted the wording for Obamacare. In that manner, the Bill has a House designation even though ‘written’ completely by the Senate.

That's my recollection also.

48 posted on 11/19/2014 6:41:48 AM PST by Madame Dufarge
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To: livius

Yes, I agree with what you said.


49 posted on 11/19/2014 6:45:57 AM PST by OKSooner
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To: LS
All that said, I COMPLETELY disagree with your approach that "well, look at all the bad stuff that happened and opened peoples' eyes." This is trying to win by losing, and is almost always a bad plan. I fail to see how we have gained by having this obscenity now fixed into American law.

First, I think this is an interesting topic to debate and discuss. I'm not sure whether Roberts is a traitor, a genius or something in between. It is not "my approach" and I don't buy everything the author has written at all.

My primary point is that if SCOTUS had declared 0bamacare unconstitutional in June, 2012, everything that was wrong with 0bamacare would have been blamed on this SCOTUS decision rather than the bad law, the Left would have launched a scorched earth attack on the rule of law and SCOTUS that would have made Bush v Gore look tame, ending in a scenario where we truly "could have lost by winning".

50 posted on 11/19/2014 6:47:25 AM PST by Servant of the Cross (the Truth will set you free)
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To: Servant of the Cross

We’ll see how it works out- which form Roberts is true to.


51 posted on 11/19/2014 7:01:52 AM PST by arthurus
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To: Servant of the Cross
Okay, fine. I'm not a Constitutional scholar but as I understand it, taxes must originate in the House of Representative and ObamaDon'tCare originated in the Senate.

If that's true, shouldn't Roberts have ruled against it on those grounds?

52 posted on 11/19/2014 7:05:30 AM PST by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: rollo tomasi

Also, enumeration plus the fact those goods and services “the People” need are provided by the government that raised revenue in a Constitutional manner to provide “general welfare” qualities. An individual does not directly purchase “...fire trucks, police uniforms, road graders...”, for themselves. They are taxed directly in PROPORTION to everyone else or choose to exercise an action where they could be taxed. ACA fails on the enumeration side and on the tax/penalty side. You are PUNISHED for not purchasing an distinct service tailored specifically to you and for you, while another individual is exempt from that “tax”/penalty. Explain that one.


53 posted on 11/19/2014 7:31:37 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: bigbob
Sorry, Post #53 was a continuation to my original post to you. Accidentally replied to myself.
54 posted on 11/19/2014 7:33:29 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: Servant of the Cross
I'm not sure at all with Bush v. Gore we lost by winning. Gore was out of politics within two years, and while the Dems got some mileage out of the case, we were vastly better off with Bush in office, especially after 9/11, than with Gore.

I don't think you'd find many military historians who think losing to win is a viable scenario, and you know Patton's motto, "Don't pay for the same real estate twice."

55 posted on 11/19/2014 7:50:19 AM PST by LS ('Castles made of sand, fall in the sea . . . eventually.' Hendrix)
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To: LS
I'm not sure at all with Bush v. Gore we lost by winning.

I have NO IDEA how that was your takeaway from my post. In relation ONLY to 0bamacare, we 'may have lost by winning'.

I don't think you'd find many military historians who think losing to win is a viable scenario, and you know Patton's motto, "Don't pay for the same real estate twice."

Yes, this is a war but in NO WAY SHAPE OR FORM is this a true military war with human life at stake. Therefore, "losses of real estate" are less grave in intermediate battles in order to win the overall war.

56 posted on 11/19/2014 7:55:20 AM PST by Servant of the Cross (the Truth will set you free)
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To: Old Sarge
The fact is, Roberts declared an unconstitutional tax (the Jizyah) as law of the land - because the Chicago Way priomised his kids would be deported if he didn’t.

This

57 posted on 11/19/2014 7:57:06 AM PST by RckyRaCoCo (Shall Not Be Infringed)
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To: grania

He and his wife adopted 2 children from a country that required residency in that country which the Roberts did not do thus making adoption likely illegal. No doubt Holder would threaten to deport them afterall the children are not violent cartel members.


58 posted on 11/19/2014 8:39:47 AM PST by nclaurel
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To: nclaurel

Would the children having to be cared for in Ireland be worse than selling out the future of the US? Assuming this is the blackmail issue, Roberts has not thought it through.


59 posted on 11/19/2014 8:44:02 AM PST by grania
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To: grania

I disagree with his decision and think America would have been shocked if he had made blackmail threat known. But that aside the children would likely not have been “cared for” in Ireland. The adoption would have likely have been void and they would have lost them. They then could have worked on doing the adoption legally since moms were willing to let them have the children.


60 posted on 11/19/2014 9:07:57 AM PST by nclaurel
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