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Obama Wins the Battle, Roberts Wins the War
Slate Scocca ^ | 28 June 2012 | Tom

Posted on 06/28/2012 12:15:09 PM PDT by Lorianne

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To: Lovely-Day-For-A-Guinness
Obfuscation - because keeping us confused benefits so many - its obviously not in the State's interests to have such a large segment of the country polarized against them.

People need to stop with the rationalizations and look at reality. It is what it is.

21 posted on 06/28/2012 12:34:34 PM PDT by skeeter
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To: Lorianne
The chief justice’s canny move to uphold the Affordable Care Act while gutting the Commerce Clause.

BFD, he legitimized this monstrosity and invited future governmental incurstions by upholding it under the Necessary and Proper Clause. Remember, he discussed the importance of precedence in his confirmation hearings. He's just set it.....and badly.

Attempting to explain this away by suggesting Roberts is giving us a wink and a nod, allowing us to save ourselves in November is being too clever by way more than half.

22 posted on 06/28/2012 12:35:05 PM PDT by edpc (Wilby 2012)
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To: Lorianne

Roberts ruled differently than Scalia, Thomas, Alito, and Kennedy. That’s all I need to know. He did nothing but further hurt our country today.

It took an hour or two for the “spin” to start flying to try to quell the dissent, but it’s in full force now.


23 posted on 06/28/2012 12:35:34 PM PDT by mmichaels1970
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To: Lorianne

bflr


24 posted on 06/28/2012 12:36:10 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: eddie willers
How is that better than Roberts joining the originalists on the court, throwing the whole abomination out and making a statement about governmental overreach in the majority opinion?
25 posted on 06/28/2012 12:36:25 PM PDT by skeeter
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To: skeeter

On the contrary, he reaffirmed the manner in which Congress can tax us. He removed the veil of fraud that allowed the Commerce Clause to be used to tax us to death. The GOP had a strong majority in the House for 12 years. They squandered it by being over the top liberal in their spending and eventually collapsed into the hands of Pelosi and the wild left.

Roberts basically put it back on We the People to kill this monstrosity. He took away the Left’s use of Commerce to do it. The monster was born of politics and will live or die from politics. Do We the People have the will to kill it?

By the way, old man Stephens is long gone. Alas, not so old man Breyer lives to destroy us yet again.


26 posted on 06/28/2012 12:36:31 PM PDT by untwist
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To: Lorianne
interesting read.......Roberts may have done three things for us.....1. Now we are after bambi big time.....2. IT IS A TAX....I would run ads with him saying it isn't and the supreme court saying it is.....3. and the commerce clause has been limited.....4. states can opt out of the medicare portion

And Roberts is right...if you don't like the asshole in congress vote them out....

27 posted on 06/28/2012 12:37:32 PM PDT by The Wizard (Madam President is my President now and in the future)
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To: untwist

He could’ve thrown the entire POS out AND gutted the commerce clause. With Roberts the votes were there.


28 posted on 06/28/2012 12:39:05 PM PDT by skeeter
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To: The Wizard

The average “American Idol” watching American isn’t going to care about whether it’s a tax or not, all they know today is that the SCOTUS ruled ObamaCare constitutional, then they will go back to watching American Idol or whatever dreck they watch on TV these days.


29 posted on 06/28/2012 12:39:23 PM PDT by dfwgator
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To: untwist

“Roberts basically put it back on We the People to kill this monstrosity. “

You mean ‘We the People of Mexico’ after that Arizona ruling.


30 posted on 06/28/2012 12:39:46 PM PDT by ari-freedom
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To: Lorianne

So many idiots trying to crawl through their own bunghole to contort this expansion of federal tax power into something more palatable.

If (in)justice roberts were half the genius they are pretending him to be, he would not have handed that room temperature IQ bunch of moral degenerates in congress unlimited power under any circumstances.


31 posted on 06/28/2012 12:41:20 PM PDT by Dr.Zoidberg (With (R)epublicans like these, who needs (D)emocrats?)
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To: edpc
Attempting to explain this away by suggesting Roberts is giving us a wink and a nod, allowing us to save ourselves in November is being too clever by way more than half.

It happens every time one of our representatives stabs conservatives in the back.

Their motives are obvious and my heart goes out to the optimists who buy the line.

32 posted on 06/28/2012 12:41:37 PM PDT by skeeter
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To: skeeter

Some few rich parents may choose to pay extra to cover children up to 26.

Most 18 to 26’s will pay the tax (granted, they may get the money to do so from their parents, but that’s less money their parents can give them for partying, rent, drugs, or whatever).

Thanks kids! (No, seriously, I do feel bad for them.)


33 posted on 06/28/2012 12:41:50 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: eddie willers
Because he took the court out of it and gave it back to the people.

The people who elected the idiots in the first place.

The court was supposed to be a check against a runaway government violating the Constitution, regardless of how many people voted for them. Not a body that simply states "elections have consequences".

If the majority of the American people decide to elect people that support something unconstitutional, the court is supposed to be the last line of defense against mob/majority rule.

At least as I understand it.

The message I get from the court today is: Command and punish your subjects as you see fit. Simply call it a "tax" and it's all good.
34 posted on 06/28/2012 12:41:50 PM PDT by mmichaels1970
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To: Lorianne

Sounds like a Faustian bargain to me. Clobber the Commerce Clause on the nose and tell it to go no further, but at the same time open up the door for any cockamamie tax Uncle Sam can think of? A tax for not having insulated windows? A tax for drinking Big Gulps?

It could be hoped that when THIS is pushed back before the USSC, Roberts will then agree, this is a bad tax. Like it took more than one trip before campaign finance reform died.


35 posted on 06/28/2012 12:43:28 PM PDT by HiTech RedNeck (let me ABOs run loose, lew)
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To: Lorianne

Time will tell if the longterm goal of Robert’s decision will hold up. I can understand a little more of where he’s coming from...but will we actually live long enough to see it?

Repealing this POS legislation will take forever..I don’t trust the next adminstration to do it.

Cripes, look how long it takes for a damn vote on contempt charges..


36 posted on 06/28/2012 12:43:56 PM PDT by SueRae (The Tower of Sauron falls on 11.06.2012)
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To: Nateman
The logic of this article seems to be somewhat in denial of what actually happened in this SCOTUS decision today. As I have mentioned on another thread, Roberts has just said that there are essentially no serious limits on federal power, and that the individual mandate--which is clearly a penalty and not a tax--is a tax. Roberts also said that the government could tax things which don't even relate to federal enumerated powers. The Congress no longer needs the Commerce Clause but can now "regulate" (and in this case that means penalize) activity over which it has no authority to directly regulate. Roberts argued this is allowed under the Taxation clause in Art I Sec 8. Congress and the President can penalize any behavior and have the Court construe it as a tax.

Besides, from a pragmatic point of view, does it matter whether the court uses the Commerce Clause or the taxation clause to justify its expansion of power beyond the Constitution's enumerated powers? The result is the same either way, increasingly unrestricted authority is centralized in the federal government, and ultimately in the president. At this rate, the Taxation Clause will be the new Commerce Clause, and using that clause the government won't even need to prove that their legislation substantially affects interstate commerce...only that the government's power to penalize--I mean tax--is legal. (This will probably not be too hard to do with the SCOTUS redefinition of a penalty into a tax.)

37 posted on 06/28/2012 12:43:56 PM PDT by old republic
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To: steve8714
Roberts said it. His job is not to protect us from our elected officials. Vote ‘em out. Insist upon repeal.

And then impeach the Roberts. Make him prove that he did not SELL his changed vote.
38 posted on 06/28/2012 12:44:44 PM PDT by Tzfat
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To: steve8714

BS, his job is to rule on the constitionality of laws. To me that statement sounded like whiner who did not have the courage to do what was right. To me that is a frightening argument, if we elect leaders that do unconstitutional things, too bad.


39 posted on 06/28/2012 12:44:44 PM PDT by BLOC77 (i was pro-life before pro-life was cool)
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To: Darteaus94025

Yes.


40 posted on 06/28/2012 12:47:29 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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