Nice try, Bob Tyrrell, but I’m not buying it. Perfume on a pig doesn’t make the pig a welcome guest at High Tea.
Don’t worry — Tyrell was vague enough to be both right and wrong, simultaneously, depending on the circumstances of the future, unless, of course, someone in the future chooses, more or less, to ignore this nebulous, yet firm, precedent.
Hey Bob, what if we all go to the polls and Obama still wins? Sorry, Roberts screwed us.
The real determination of whether Roberts was crafty or sold us out will never be made if we succeed in taking the White House and both houses of Congress and the folks in Congress have the stones to pass a full repeal by using reconciliation to get it though the Senate (or mirable dictu we get 60 Senate seats), so in way, I hope we never find out.
But, while Obamacare is law, there are is still a manifestly unconstitutional provision lurking in it, but one not addressed in the suits the SCOTUS ruled on a week ago: the IPAB provision which attempts to bind future Congresses, and thus is prima facia unconstitutional. The same provision could also be challenged on the basis of the precedent in (of all things) Roe v. Wade, where the “reasoning” had nothing to do with abortion per se, but with government intrusion into the “private” patient-physician relationship. The IPAB is nothing but one huge intrusion of government into the “private” patient-physician relationship.
If a suit on either basis reaches the SCOTUS and Roberts leads a majority to invalidate Obamacare, notes it contains no severability clause and tosses the whole thing into the ashbin of history, he would indeed have out-foxed the left by establishing a precedent that limits Federal coercion of the states and the expansion of the Commerce Clause.
Very well put!
Tyrrell always gets it wrong.
First, Emmet, Dipwad’s decision dicta shouldn’t have to be translated. Second, if you need the likes of Prof Elliot (of Yale) to translate it for you - you’re an effing idiot.
http://www.acus.gov/acus-welcomes-back-an-administrative-and-environmental-law-thought-leader/
Apparently, you like being pissed on and being told it’s rain, dumbass.