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The Roberts Trap Is Sprung
American Thinker ^ | January 2, 2014 | Bill Dunne

Posted on 01/03/2014 4:49:02 PM PST by Kaslin

One of the most overlooked aspects of the year just ended is the vindication of Chief Justice John Roberts -- a vindication that showed up as the national catastrophe known as ObamaCare got rolling. Roberts may have also doomed Hillary Clinton's chance to live in the White House again.

The chief justice, an appointee of President George W. Bush and reputedly a constitutionalist in his jurisprudence, set his diabolical trap (diabolical to Democrats) on June 28, 2012, when he joined with the four liberal justices on the Supreme Court to uphold the constitutionality of ObamaCare. Conservatives and Republicans across the land were apoplectic. But in hindsight, it appears that Roberts actually saved the Republican Party from going into a death spiral and imperiled the Democrats instead. This suggests amazing foresight, but it wouldn't be the only instance.

For example, Tevi Troy, a scholar at the Hudson Institute, made a remarkable prophecy a year and a half before the Court's decision. It was soon after the November 2010 midterm elections, in which Democrats in Congress and in state legislatures suffered huge losses. In an article in Commentary magazine, Troy wrote:

The Pyrrhic victory Democrats secured for themselves [when President Obama signed the Affordable Care Act into law] may prove not to have been a victory at all but rather an ever-roiling, ongoing, and recurring act of political and ideological self-destruction.

How's that for prescience?

When the Supreme Court ruling came down, a shocked conservative historian, Paul Rahe, cited as a cause the PR pressure that President Barack Obama had been exerting on the Court in the fevered weeks leading up to the decision. It was "an act of judicial cowardice," he fumed. But then he added, "There is, I am confident, more to it than this."

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


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: 2007; 2008; 201206; 20120628; 2014election; abortion; aca; bhoscotus; billdunne; bsarticle; chiefjustice; courtpolitics; deathpanels; dunne; healthcare; hillarycare; hudsoninstitute; idiocy; izzydunne; johnroberts; judicialpolitics; lawsuit; lunacy; obama; obamacare; politics; predictions; roberts; robertscourt; robertsobama; romneycare; scotus; singlepayer; socializedhealthcare; stupidlogic; tevitroy; trap; troy; ussc; whatacrock; zerocare
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To: HiTech RedNeck

Roberts?


81 posted on 01/03/2014 6:18:47 PM PST by ZULU (Impeach that Bastard Barrack Hussein Obama the Doctor Mengele of Medical Care)
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To: HiTech RedNeck
Wow, you’re really in Satan’s cheering section aren’t you.

Shouldn't you be strumming a banjo and sipping whiskey out of a Mason jar?

82 posted on 01/03/2014 6:20:04 PM PST by Extremely Extreme Extremist
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To: TWhiteBear

Do you really think Snowden has relevant E-mails? If he does, I wish he would release them .


83 posted on 01/03/2014 6:20:18 PM PST by Texas Songwriter
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To: Dr. Sivana

I don’t think you can consider something the supreme court decides as unconstitutional.

That’s their job, they are the final authority (besides ball and musket).


84 posted on 01/03/2014 6:21:54 PM PST by Usagi_yo
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To: Extremely Extreme Extremist

If that’s what it takes to get people to hear the gospel, yes.

God never stopped intending our good. It’s we who stopped wanting to receive it.


85 posted on 01/03/2014 6:26:16 PM PST by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
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To: Kaslin

All this might be good if the Democrat’s death grip on the vote count can be sprung before November. The dems control the counting of votes from the touch screen voting machines and the other varieties of electronic voting machines are eminently hackable. The right doesn’t do that to any extent. The left does it as SOP.


86 posted on 01/03/2014 6:26:43 PM PST by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: Usagi_yo

“I don’t think you can consider something the supreme court decides as unconstitutional.”

I just did. When the oath is taken, it is taken to the ideas, not to Dred Scott or Plessy v Ferguson or Roe v Wade. Taken to the logical conclusion, five members of the court can declare one member Emperor , and all attempts to impeach are hereby unconstitutional.


87 posted on 01/03/2014 6:28:34 PM PST by Dr. Sivana (Five years, my brain hurts a lot.)
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To: Kaslin
I'm choosing to hold my final judgment regarding Roberts.

I think Obozocare will end up back before the Supreme Court, but this time arguing the origination clause.

Violation of the origination clause would kill Obozocare outright, not allowing portions to survive a challenge.

Dr. Hotze here in Texas filed a lawsuit back in May of 2013 challenging ACA on two grounds. This bill originated in the senate, not the house.

Secondly, Obamacare’s employer mandate violates the takings clause of the Fifth Amendment. It bars the federal government from requiring citizens to transfer their “wealth directly to others without a ‘public use,’” the lawsuit says. Governments can't require people to do business with other people.

If this ends up back before the SCOTUS and fails the constitutional challenge on these two grounds...Robert's will have pulled off a brilliant tactic.

For more on this, take a look at the link. Lotsa info.
http://www.hotzevobamacare.com/news/

88 posted on 01/03/2014 6:29:11 PM PST by servantboy777
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To: Talisker

Thank you for posting that link, I really appreciate it. I missed it when you originally posted.

I took the time to read it all the way through and intend to read it again. I learned quite a bit. I see John Roberts differently now. Every American should read that.

Thanks again.


89 posted on 01/03/2014 6:30:14 PM PST by smoothsailing
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To: Kaslin

The SCOTUS ruled Obamacare was a tax.

The Congress labels Obamacare as the implementation of healthcare as a human right.

Why do the Democrat Socialists demand we tax the rights of the people?

Rights aren’t taxable.

Ergo, Obamacare may not be funded by taxation.


90 posted on 01/03/2014 6:31:37 PM PST by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: Dr. Sivana

You are exactly right. Roberts is supposed to determine constitutionality, not play politics. But at the same time, the authors reasoning is as convoluted as Roberts’ reasoning was. I don’t believe for a minute this is what happened.


91 posted on 01/03/2014 6:36:17 PM PST by falcon99
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To: xzins

Roberts was just imitating his “boss”, GWB.


92 posted on 01/03/2014 6:48:22 PM PST by Theodore R. (People in TX in 2014: Cornball and George P.!)
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To: Dr. Sivana
I just did.

No you didn't. You just laughably asserted it was unconstitutional. Imagine that, the constitution is unconstitutional. That's about the bottom line of your argument.

93 posted on 01/03/2014 7:12:29 PM PST by Usagi_yo
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To: Kaslin

Since the penalty was ruled a tax, and tax legislations is supposed to originate in the House not the Senate, I thought there was a lawsuit against it on that basis?


94 posted on 01/03/2014 7:19:44 PM PST by Rusty0604
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To: servantboy777

in the meantime how many people will die and how much money will have been wasted implementing this garbage?


95 posted on 01/03/2014 7:24:42 PM PST by rolling_stone
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To: Rusty0604
Since the penalty was ruled a tax, and tax legislations is supposed to originate in the House not the Senate, I thought there was a lawsuit against it on that basis?

There is.

96 posted on 01/03/2014 7:25:30 PM PST by okie01 (The Mainstream Media -- IGNORANCE ON PARADE)
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To: Kaslin

So Roberts violated his oath and the Constitution to save the GOP. In other words, the system doesn’t work unless someone cheats.


97 posted on 01/03/2014 7:28:13 PM PST by gitmo (If your theology doesn't become your biography, what good is it?)
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To: okie01

Is it also true that the citizens of those States that chose not to set up exchanges and/or expand Medicaid can’t be charged the penalty (tax)?


98 posted on 01/03/2014 7:31:39 PM PST by Rusty0604
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To: Kaslin

When, next this law comes before the high court they will again adjudicate on the law, but which law? The law as passed by the Congress or the law as it is being enforced now. Obama is doing things that are not allowed for in the ACA.


99 posted on 01/03/2014 7:32:15 PM PST by Mike Darancette (Do The Math)
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To: Usagi_yo
No you didn't. You just laughably asserted it was unconstitutional.

“I don’t think you can consider something the supreme court decides as unconstitutional.”

If I can assert it, then I can consider it. The fact is that I cited three Supreme Court decisions that run counter to the Constitution. In the case of Plessy v. Ferguson, it was found unconstitutional (9-0) with no pertinent amendments in between. If we follow the Constitution and its meaning, and not the whims of men, either Plessy or Brown was unconstitutional.

NOWHERE in the Constitution is judicial review asserted. It was created outside of the Constitution by Justice Marshall.

The Oath that every president takes is to uphold the Constitution, not the Supreme Court's rulings, which may well be unconstitutional.

I noticed you completely ignored my statement of the bottom line of YOUR argument, that if SCOTUS came out tomorrow and declared that one of the justices was the Emperor, and that any attemptes to impeach would be unconstitutional, that this would also be Constitutional. That might work in Oliver Wendell Holmes' warped mind, and it might be the end game of what Justice Marshall had in mind, but it is NOT in the Constitution. A Constitutionalist is NOT a legal positivist.
100 posted on 01/03/2014 7:34:28 PM PST by Dr. Sivana (Five years, my brain hurts a lot.)
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