Skip to comments.Chief Justice Roberts Is A Genius
Posted on 06/28/2012 1:43:28 PM PDT by Whenifhow
Before you look to do harm to Chief Justice Roberts or his family, its important that you think carefully about the meaning the true nature of his ruling on Obama-care. The Left will shout that they won, that Obama-care was upheld and all the rest. Let them.
It will be a short-lived celebration.
Heres what really occurred payback. Yes, payback for Obamas numerous, ill-advised and childish insults directed toward SCOTUS.
Chief Justice Roberts actually ruled the mandate, relative to the commerce clause, was unconstitutional. Thats how the Democrats got Obama-care going in the first place. This is critical. His ruling means Congress cant compel American citizens to purchase anything. Ever. The notion is now officially and forever, unconstitutional. As it should be.
Next, he stated that, because Congress doesnt have the ability to mandate, it must, to fund Obama-care, rely on its power to tax. Therefore, the mechanism that funds Obama-care is a tax. This is also critical. Recall back during the initial Obama-care battles, the Democrats called it a penalty, Republicans called it a tax. Democrats consistently soft sold it as a penalty. It went to vote as a penalty. Obama declared endlessly, that it was not a tax, it was a penalty. But when the Democrats argued in front of the Supreme Court, they said hey, a penalty or a tax, either way. So, Roberts gave them a tax. It is now the official law of the land beyond word-play and silly shenanigans. Obama-care is funded by tax dollars. Democrats now must defend a tax increase to justify the Obama-care law.
Finally, he struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding. Liberals, through Obama-care, basically said to the states comply with Obama-care or we will stop existing funding. Roberts ruled that is a no-no. If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government cant penalize the state by yanking other funding. Therefore, a state can decline to participate in Obama-care without penalty. This is obviously a serious problem. Are we going to have 10, 12, 25 states not participating in national health-care? Suddenly, its not national, is it?
Ultimately, Roberts supported states rights by limiting the federal governments coercive abilities. He ruled that the government can not force the people to purchase products or services under the commerce clause and he forced liberals to have to come clean and admit that Obama-care is funded by tax increases.
Although he didnt guarantee Romney a win, he certainly did more than his part and should be applauded.
And he did this without creating a civil war or having bricks thrown threw his windshield. Oh, and hell be home in time for dinner.
Baloney. Robert’s is traitorous scum.
He single handedly saved Obamacare.
So is Sotomayor then I suppose. Can’t forget that conservative stalwart Breyer either. They certainly outfoxed that idiot Scalia didn’t they?
God bless them. We are all freer citizens today.
Instead of machinations, Roberts’ contorted way to “get back at Obama” is akin to pissing in the wind that splatters everyone.
Why not a penalty tax for not sending your kids to public schools?
Why not a penalty tax for not buying an electric car?
Why not a penalty tax for not installing a government monitored thermostat in your home?
Why not a penalty tax for not creating a gun-free zone in your house?
I’m actually starting to agree with this. The individual mandate was the most important piece and it was struck down. That would have been irreversible damage if that had been upheld.
So Congress can tax, no news there. It’s the political backlash that keeps them from over-exercising that piece.
Hmmm, might not be so bad.
You are joking, right? Americans are being forced to buy health insurance or be taxed to death. What Roberts did is enshrine the right of Congress to force Americans to do anything they want through the use of the tax system. There are no limits or any charade any more like the Commerce Clause.
Obamacare has been deemed constitutional including the individual mandate. Congress can compel Americans to purchase anything period.
Interesting analysis...not sure I really concur though. I was able to read part of the ruling and not sure I agree that is how it reads.
Can you point to the actual text in his opinion that backs this assertion? I keep seeing it being asserted that he is some sort of genius, but haven’t seen the details behind it for my own confirmation.
As on cue, Obamster got in front of the cameras and spiked the ball. He needed this "victory" so badly he made no argument or offerred no reason why this is not a tax and therefore completed the ownership of this largest increase in taxes ever.
So yes I am a bit more cool than at 10:20 AM this morning.
I really don’t think Roberts put this much thought into his decision. He’s a progressive. This is what progressives do.
That’s putting the best face on it, but I think when people cool off a little they will see that there is some good that could come from this. No longer will the dems be able to say it isn’t a tax. and if many states opt out, the whole program will go belly up. Kind of cool actually...
“So Congress can tax,...”
AND... Congress can repeal taxes. Even better.
Roberts could have done all of that and more by voting with the 4 conservatives. How damn stupid can people be?
Perhaps or maybe its just perceived as strategy with Roberts. Irregardless Obama is intent on shoving this monstrosity down our throats so the objective remains the same. Dump his tyrranical butt and all complicit Dems in November. War on Dems-—dont walk to the voting booths—RUN!
As pissed off as I was, it never occurred to me that anyone would consider harm to Roberts; on the other hand, if that hellhole they call DC and all it's occupants were to suddenly disappear, I wouldn't volunteer for any search parties - I'd be doing partying of another sort.
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
Art 1, Sec 7 Constitution: 2 raise revenue (taxes) MUST originate in House OCare originated in Senate! Sup Court miss that?
Challenges to Ocare coming!
Another view here
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