Roberts, in his attempt to play Solomon and 'Split The Baby' created one huge freaking MESS for the entire legal community -- for both sides, prosecution and/or plaintiff, and all defense attorneys, for all cases that go before a judge or an appellate court.It is not our job to protect the people from the consequences of their political choices."This is a sentiment many of us seek in a jurist in a republic: a disposition to defer to the elected branches to set policy and make law. But Roberts here raises a grave question -- about himself. ~~~...~~~ While it is not the job of the Supreme Court "to protect the people from the consequences of their political choices," it is the job of the Supreme Court to pass on the constitutionality of laws.
Thanks to the precedent (written opinion) he's now set the bar that no matter what issue or grounds are being litigated the Men In Black can now follow his lead and rule on something that was never argued or presented into evidence by either side. How an attorney for either side can prepare for this possible outcome is mind boggling impossible. And if/when Trial Court judges start doing this we're -- Fu DOOMED. Appeals will be flying right and left and the courts will be overloaded to past the breaking line. Which they're almost at now anyway.
Not to mention, like Pat correctly states 'the gubmint' (on any level) can now call any Mandate they dream up a Tax and make you purchase, or do, or not do, 'something'. If you don't you're "taxed", not 'fined' -- a distinction without a difference.
And my first though on that was 'something' the FedGov has a vested interest in: Gubmint Motors and its Chevy Volt. Congress now CAN write a bill that its in the 'best interests of society' that we use alternative powered cars and purchase a Chevy Volt. Not that's its Mandate or anything like that, nooooo. We're just 'Taxed' if we don't comply.
Well screw them. I will NOT comply. Come and get me Coppers!
Re tax, section II Landmark Legal's brief:
http://landmarklegal.org/uploads/11-398bsacLandmarkLegalFoundation_FILED.pdf
During oral arguments, the government was actually allowed to argue both sides, namely, as a penalty one day, and as tax on another day.
RobertsCare = unconstitutional
Roberts = illegal alien
Except that Solomon realized that custody of the child ultimately had to be awarded to one individual or another. He simply had to call their bluff.
Idiot Roberts, on the other hand, honestly believed that, "splitting the difference", was the proper thing to do.