Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Sen. Mike Lee: Justice Roberts’ Obamacare ruling was ‘a betrayal of his judicial oath’
The Washington Examiner' Beltway Confidential ^ | June 20, 2013 | Joel Gehrke

Posted on 06/20/2013 1:27:29 PM PDT by 2ndDivisionVet

Sen. Mike Lee, R-Utah, was disappointed when the U.S. Supreme Court upheld Obamacare. One year later — having thought about the case, gotten some distance from the issue, reviewed the ruling opinion — he’s confident of one thing: Chief Justice John Roberts engaged in “a betrayal of his judicial oath,” one that amounts to “a form of tyranny.”

“In this case, I can’t be sure what exactly motivated Chief Justice John Roberts,” Lee said last night during a Charles Koch Institute event on “Freedom, Laws, and the Commerce Clause” at the Kirby Center for Constitutional Studies. “But what we do know is this: in this case, he appears to have undertaken a ‘split the baby strategy.’ It didn’t work. [It's] not just that it didn’t work, but it amounted, I believe, to a betrayal of his judicial oath. He engaged in law-making and this is wrong.”

Lee acknowledged that it’s a bit uncomfortable to criticize Roberts, due to his respect for the chief justice (a friend of the late Rex Lee, the senator’s father) and for the Supreme Court as an institution.

Here’s how I justify it in my own mind,” he said. “John Roberts did my job. I would not be criticizing him had he not treaded on my grass. He did my job and I’m going to call him out on it.”(continued)

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; US: Utah
KEYWORDS: abortion; aca; carbontax; charleskochinstitute; congress; deathpanels; energy; impeachment; justiceroberts; kenyanbornmuzzie; mikelee; obama; obamacare; opec; scotus; supremecourt; utah; zerocare
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-63 next last
To: 2ndDivisionVet
He;s being BLACKMAILED because 1. He's either GAY or 2. His two adopted children were adopted ILLEGALLY...or 3. BOTH!! He is a BIGGER DISAPPOINTMENT than even RUBIO has been!!!

Is RUBIO BEING BLACKMAILED ALSO??? hmmmmmm

41 posted on 06/20/2013 3:52:46 PM PDT by Ann Archy (Abortion.....the HUMAN Sacrifice to the god of Convenience.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SharpRightTurn

Sen Lee is more than a Senator. He was a law clerk for Alito so worked in the belly of the beast.

Lee KNOWS exactly how these go. The “tax” was presented as a penalty and is a penalty so Obamacare should have been struck doewn.

Lee said Roberts said it is not valid as is, so I will re-write it. Totally illegal for a court to do that.


42 posted on 06/20/2013 4:00:32 PM PDT by shalom aleichem
[ Post Reply | Private Reply | To 14 | View Replies]

To: 2ndDivisionVet

Robert’s was RIGHT.

Obamacare is basicly a TAX, and it is not a violation of the government’s ability to tax. The Socialists didn’t want it called a “Tax”, but the allies in the media have made sure that the sheeple never hear that word.


43 posted on 06/20/2013 4:27:21 PM PDT by tcrlaf (Well, it is what the Sheeple voted for....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Amendment10
Roberts "overlooked" that the Gibbons v. Ogden opinion

He was rushed when he changed his position at the last moment and he may have "overlooked" the opinion accidentally, however since he was being controlled by the dictator, he had no choice.

I doubt if we'll ever get all the facts, but the 0bamacare decision will prove to be one of the darkest, and dirtiest days in American history. I just pray that Roberts has a very long memory and bears a large grudge, so that one day 0bama will get the payback he so richly deserves.

44 posted on 06/20/2013 4:49:51 PM PDT by The Sons of Liberty (Jesus, Please Save America!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: tcrlaf; All
Obamacare is basicly a TAX, and it is not a violation of the government’s ability to tax.

Thank you for posting tcrlaf. And speaking of the Obamacare tax, did you notice the following two excerpts from Gibbons v. Ogden which were posted earlier in this thread?

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.

Since Justice Roberts referenced Gibbons v. Ogden in the Obamacare decision, the question is how did Roberts miss seeing that Justice Marshall had previously officially clarified the following? Not only is healthcare a state power issue, such issues protected by the 10th Amendment, but Congress is prohibited from laying taxes in the name of state power issues.

Note that state power issues are essentially any issue, such as healthcare, which Congress has no authority to address under its constitutional Section 8, Article I-limited powers.

45 posted on 06/20/2013 5:14:09 PM PDT by Amendment10
[ Post Reply | Private Reply | To 43 | View Replies]

To: shalom aleichem

“Lee said Roberts said it is not valid as is, so I will re-write it. Totally illegal for a court to do that.”

You’re absolutely right. I’m gratified that Lee publicly said this. I hope others will start speaking out about legislating from the bench.


46 posted on 06/20/2013 5:16:03 PM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
[ Post Reply | Private Reply | To 42 | View Replies]

To: vette6387

You know he’s not going to jail.


47 posted on 06/20/2013 6:31:05 PM PDT by Minutemen ("It's a Religion of Peace")
[ Post Reply | Private Reply | To 33 | View Replies]

To: 2ndDivisionVet

Good for Mike Lee. Somebody needed to say it. Its true.


48 posted on 06/20/2013 6:46:17 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Arkancide in 3....2....


49 posted on 06/20/2013 6:52:24 PM PDT by Albion Wilde ("Remember... the first revolutionary was Satan."--Russian Orthodox Archpriest Dmitry Smirnov)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SC_Pete
>> Do you remember some conservative commentators saying at the time that it was actually a very clever way of sabotaging Obamacare—by referring to the mandate as a tax? They were wrong. <<

You also had the "silver lining" people saying that thanks to Roberts' ruling, the GOP now has a campaign issue to hang around Obama's neck in November, and it guarantees he will lose re-election.

50 posted on 06/20/2013 7:53:59 PM PDT by BillyBoy (Impeach Obama? Yes We Can!)
[ Post Reply | Private Reply | To 20 | View Replies]

To: BillyBoy

Yeah, and then we ran Mitt—the one Republican with absolutely NO CREDIBILITY in arguing against Obamacare.

We will be better off with a conservative party—at least the arguments could be made. With the passage of the Amnesty Bill and Obamacare, the GOP will become even more liberal—and still suffer minority status for generations. We now have one party in Washington—the Re-Election Party (or is it an orgy?)


51 posted on 06/21/2013 4:41:21 AM PDT by SC_Pete
[ Post Reply | Private Reply | To 50 | View Replies]

To: vette6387
That’s all well and good, but it does the country little good. Now jail, that’s another matter!

Traitors ought to be hanged, not jailed... and yes, I do believe the USSC has committed Treason (though perhaps not on this matter).

52 posted on 06/21/2013 7:24:31 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 33 | View Replies]

To: stephenjohnbanker

“...What made him do it? That is a real question...”

Could have something to do with all of that data gathering that’s been going on?

Info is a Damoclean sword to a ruthless mind...


53 posted on 06/21/2013 7:25:45 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Amendment10
Since Justice Roberts referenced Gibbons v. Ogden in the Obamacare decision, the question is how did Roberts miss seeing that Justice Marshall had previously officially clarified the following?

He didn't miss it, he merely found what in that case supported his position while discounting all else.

54 posted on 06/21/2013 7:26:49 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: sonofagun
Is there anyone here who doubts that Roberts was coerced into this decision using NSA data?

I haven't completely dismissed the possibility that he is simply a big-government statist like so many politicians (and judges today are nothing but politicians) supposedly on the 'right.' Now that he is in power, he can show is true fascist colors. On the court, you have 4 raging, nut-job liberals, two conservatives and three 'moderates.' However, at least 7 of the 9 believe the power of the state is the solution to any problem.

55 posted on 06/21/2013 8:30:50 AM PDT by tnlibertarian
[ Post Reply | Private Reply | To 9 | View Replies]

To: OneWingedShark

” I do believe the USSC has committed Treason”

Yes, I do too. The problem is that no one is every punished for anything anymore. John Roberts is dirty! He needs to be thoroughly investigated, tried, convicted, removed from office, and sent to jail. but only when we can be assured by a Conservative Senate that the will not allow an Obama appointee to be confirmed as a replacement.


56 posted on 06/21/2013 8:52:28 AM PDT by vette6387
[ Post Reply | Private Reply | To 52 | View Replies]

To: OneWingedShark; All
He didn't miss it, he merely found what in that case supported his position while discounting all else.

Exactly! Outcome-driven cherry picking.

57 posted on 06/21/2013 9:57:37 AM PDT by Amendment10
[ Post Reply | Private Reply | To 54 | View Replies]

To: The Sons of Liberty

But, Chief Justice Roberts MAY have been blackmailed about his adopted children by the Obama administration. It seems the kids were adopted OUT of Latin America, but are of IRISH extraction. That is automatically illegal under Irish law.


58 posted on 06/21/2013 11:10:16 AM PDT by 2harddrive
[ Post Reply | Private Reply | To 2 | View Replies]

To: sonofagun

As I recall Roberts is epileptic. His forehead is a marker for erratic behavior. I’ve never trusted him as reliable just for health issues alone. And who knows what kind of mental cycles he was running when he double X’d us with the obamacare ruling?


59 posted on 06/21/2013 1:00:20 PM PDT by cherokee1 (skip the names---just kick the buttz)
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2ndDivisionVet

Lee’s right.

Welcome to the serfdom.


60 posted on 06/21/2013 3:06:46 PM PDT by Tzimisce (The American Revolution began when the British attempted to disarm the Colonists.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-63 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson