Posted on 10/19/2013 9:01:26 AM PDT by LS
Few people are as unpopular on the right at Chief Justice John Roberts. He is viewed as having legitimized Obamacare. But did he?
My understanding of the "leiu" (the law, according to Inspector Clouseau) is that for a suit to have merit there must first be a harm. Keep that in mind.
Matt Sissel currently has a suit against Health and Human Services on appeal claiming that Obamacare, since it was ruled a "tax," in fact violates the Constitution's origination clause that all tax bills must originate in the House. According to Andrew Kostler at the Heritage Foundation, the concept has merit.
The difficulty, he argues, is that often courts don't want to get into the legislative one-upsmanship. However, Sissel's case will come up for review soon.
According to Kostler, the Origination Clause was breached. It was first introduced on in the House as a resolution called the "Service Members Home Ownership Tax Act of 2009." The House passed that measure, but the Senate used it as a vehicle for a health-care overhaul. The House bill in the Senate was "gutted almost entirely" and retitled the "Patient Protection and Affordable Care Act," passed in 2009.
If the appeals court rules in Sissel's favor, he could obtain an injunction.
Personally, I think a real case will await the first imposition of a real tax penalty or fine in January which would generate a new, possibly stronger case. If that occurs, Roberts could very well have been admonishing conservatives to get on the stick when he said that it wasn't the Court's job to correct bad legislation and may have been winking and nodding a message: "you have the means right now to stop this once I deemed it a tax and no one objected."
It will be interesting to see where this path leads.
If Roberts was trying to send a message or a clue why didn’t he just write it into his decision or just come out and say it? So what, in 5 years when the country can no longer function he’s going to come out and say, “hey if only you would have read between the lines or been a brilliant legal mind you could have stopped this”? B.S., he screwed us!
I wonder if his rope-a-dope act was related to his photo being taken with a briefcase going into the Vatican Bank on Malta. I think this is what was shown on the internet. At least somewhere in the files of the net there is a photo.
I'm with you on that, especially if the "tax" argument wasn't brought up in the Supreme Court hearings.
Question to those more familiar with what happened in those hearings ...
Was the taz aspect brought up in the hearings?
Spot on. Wiser, uncorrupted minds simply voted to flush the obvious Obamaturd.
Roberts could have ruled against Obama care based on the 10th Amendment but instead supposedly ruled against it and allowed it to be implemented while throwing out the 10th. What kind of logic is that?
How old are those kids now? When does the threat become useless?
I remember the NY slimes came out with a piece about Robert’s kids a few months before the ruling. It must have been the shot across the bow, he horse’s head in his bed... “sell out the entire country or lose your kids”.
No profile in courage for him.
Roberts would just vote with the libs again. His legacy means more to him than the Constitution.
I strongly believe Robert’s legacy is very dependent on his personal situation including money. The guy was conditioned to supporting the ‘new world order’.
Of note is the first case in this review that tests the Origination Clause. They are unclear as to whether the Court would consider this a "technicality" or would scuttle the whole thing over it.
On the one hand, the Senate took a bill that originated by Charlie Rangel in the House, but gutted it entirely and replaced it with Obamacare. On the other hand, if the Court doesn't uphold the spirit of the Origination Clause, they are effectively removing the power of the purse from the House forever more.
So the question is, is John Roberts up to the task of spliting that hair? Will he be seen as overturning Obama's "signature" transformational law on a technicality now, when he had the opportunity to stop it previously on much surer ground?
-PJ
I wonder which system will have the best medical professionals and more options being made available to patients.
I hope so, but I think they managed to blackmail him. Scalia was livid at his last minute change and his opinion was incoherent by Robert’s standards. Just wish he had the guts to say” I am gay, so what?” Or whatever it is they got on him.
So still young.
He should resign for that ruling but then zero would replace him which would probably be worse.
Thanks for the photo.
Beautiful Oregon - where the state will tell you you’re not worth the money and will only give you pain pills until you die.
Now at some point most of us will be stuck with the “not worth it to the state” mentality.
This is no longer my country.
John Roberts is a miserable failure, his sins will never be expunged, if Obamacare destroys America the blood will be on his hands. I hope the goody two-shoes wife and kids are real proud of him.
It wasn’t Roberts’s job to wink at anybody. His job was to find that the penalty was an unConstitutional attempt by the Congress to coerce citizens’ to buy something.
In a healthy republic, most of the USSC justices of the past century would have been impeached.
Check for yourself. ANY INDICTMENTS for any thing thus far??? (Fast & Furious, Benghazi, IRS, NSA)
Welcome to Washington's version of Kabuki theater.
"Welcome my friends to the show that never ends"
"President Bush made his announcement on national television that John Roberts would be the next Supreme Court justice in July 2005. Their five-year-old son Jack..."
Read More:
http://www.irishcentral.com/news/Life-with-Chief-Justice-Roberts--.html#ixzz2iJNv1prx
Jane and John with their children Jack and Josie at the Glen of Aherlow in Tipperary in 2008
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Thanks, Lucy. Interesting. I don’t know if anyone would try to take the kids away at this point. But if it’s true that they were illegally adopted, in violation of Irish law, that could be awkward for a Supreme Court Justice.
Well if no one else is gonna spill the beans I guess I will.I have been posting this for months now.Roberts was blackmailed by the regime.
Did you all think he had Kennedy up his butt for a month just for grins! He was gonna vote against o-care but the regime busted his butt. Do not ask for links they are all over the web. Even the nyt looked into this and they stopped once they found out he adopted blue eyed blonde haired kids supposedly from central America,yeah rightttt.
They were of course from his wifes familys home town in Cork County, Ireland. He smuggled them into the states and got busted by the regime. This is only the 50th time I have written about this crap finally its getting a little traction. Heres one you can look up the rest yourselves.
http://patriotaction.net/profiles/blog/show?id=2600775%3ABlogPost%3A6094861
ok heres another
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