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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: Dr. Sivana

Absolutely and in the coming years Roberts will be famous for his idiotic vote and his attempt to destroy American justice. This man will eventually go down in history as one of the WORST justices in the history of the Republic! All for this stupid vote to go along with the Liberal idiots of the time.

This will eventually be overturned or so changed that it will not be recognized as the bill of today! Shame on you Roberts for being the asshole of all time on the high court.


141 posted on 01/03/2014 10:35:54 PM PST by Deagle (ues)
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To: Kaslin

I have a different theory of Roberts’ rationale. I think he was working for/with Romney and wanted to keep Obamacare as an active issue for the 2012 election to keep the base motivated to vote.

I think he (and Romney) both believed that the issue could get him elected. If that proved to be correct, brilliant.

If not, screw the people: they deserve what they get.

That’s my take on what happened.


142 posted on 01/03/2014 11:03:12 PM PST by ziravan (Choose Sides.)
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To: Kaslin

Oh, spare me this silly argument again.


143 posted on 01/03/2014 11:20:27 PM PST by ModelBreaker
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...
... in hindsight, it appears that Roberts actually saved the Republican Party from going into a death spiral and imperiled the Democrats instead... Tevi Troy, a scholar at the Hudson Institute, made a remarkable prophecy a year and a half before the Court's decision... 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.
Thanks Kaslin.
144 posted on 01/03/2014 11:59:53 PM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
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To: Pollster1

A friend of mine, a lawyer in DC, thinks Roberts didn’t want to make the court look like a wing of the Republican Party by striking down the ACA all at once, but will instead undermine it in a series of smaller decisions until it becomes untenable.


145 posted on 01/04/2014 12:18:00 AM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: vg0va3

I think what Roberts did...was stand back and review this trend over the past decade of so...making laws in such a way that it invites the Supremes to meddle into the middle of it and get everyone all hostile. The term I’ll use....”made-for-frustration laws”.

He probably sat there one night...knowing how this would all be twisted around into a political fight and the 2012 election would be dragged into the mess.

I would imagine for five minutes in the White House...most of them sat there in shock, because they never expected it to pass via the Supreme Court, and it was never designed in a way to be successfully implemented. Even if you think that....you have to walk around in a daze, and pretend it will work, for the benefit of the party.


146 posted on 01/04/2014 12:22:53 AM PST by pepsionice
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To: Deagle

I ask, how can this law be constitutional if it cannot be applied equally. Does not the constitution afford its’ citizens equal protection?

OK I know it’s a tax. Then, if that’s the case, how come the senate can originate tax legislation if it is the constitutional responsibility of the house?

OK, I know this was a exceptional situation. Then, in that case, how can the president issue executive orders to change a tax law that has been affirmed by the SCOTUS.

OK, I know it’s because he can. In that case, it’s clear Judge Roberts has turned a blind eye to any one of these problems with the constitutionality of the ACA. He is a stain on the SCOTUS and the Constitution of the USA.


147 posted on 01/04/2014 1:14:57 AM PST by Texicanus
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To: Extremely Extreme Extremist

“Once a law is enacted, it will stay enacted...”

***********************************************************

Yeah, like prohibition.


148 posted on 01/04/2014 2:20:28 AM PST by billyboy15
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To: GreyFriar

I will ask the question which will get the flamers going. Will we soon see the day when the Democrats will start cursing Roberts for upholding Obamacare, and when Republicans will praise him for upholding it?


149 posted on 01/04/2014 3:31:10 AM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: wardaddy

When they burn your church to the ground you’ll have the moral standing to criticize Gov. Palin about that.


150 posted on 01/04/2014 3:42:07 AM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: Enterprise

That, supposedly, was his objective in that stupid decision.

But this is contradicted by his comment that it is not the job of the Court to save people from their bad political choices. IMHO, it’s a ridiculous comment, because that has always been the job of the Court. Bad political choices result in bad laws, and it is the job of the Court to review these in the light of the Constitution.

I honestly don’t think he had some sort of Machiavellian plan going. I think that he was somehow intimidated on a personal level - and it could merely have been that he didn’t want to be the target of Obama’s vicious rhetoric for the rest of his life - and his decision was intended to placate Obama while at the same time, by declaring it a tax, to open the door just a little to some other way of dealing with the problem.

Unfortunately, nobody has taken up the issue of the unconstitutionally created tax and in fact the largely unconstitutional way in which the law was created and has been enforced.

The Dems are going to do just fine with Obamacare, because they are already working on the narrative that it would be wonderful except that the evil GOP somehow blocked it. Personally, I think they’re probably going to sweep the 2014 elections specifically on the basis of Obamacare and the idea that we must become a one-party system in order to “get anything done.” And Roberts will actually have contributed to this.


151 posted on 01/04/2014 3:56:32 AM PST by livius
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To: Kaslin
Rah-Rah Roberts???

I guess everyone has some sort of a cheering squad.

152 posted on 01/04/2014 4:06:04 AM PST by trebb (Where in the the hell has my country gone?)
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To: Bubba Ho-Tep

If Roberts is playing chess, that may be good for “us” tactically, but it’s still bad for America when the Supreme Court decides a case based on anything but the Constitution. It’s not supposed to be about our party or their party, it’s supposed to be about following the Constitution as written to maintain freedom.


153 posted on 01/04/2014 4:21:37 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Dr. Sivana

Due to existing rulings on the books, it was indeed constitutional.

but, due to this ruling, it can never be again....

even if fubocare is overturned, and it will be, the ruling still stands....

the commies ans socialists are toast, and even that old bag ginsburg saw it...

I said it the day after I read the ruling that this ruling was the best thing that has happened to constitution loving americans in over 80 years, only to be called a traitor by most people on this site....

why do you think fubo and the lib republicans are delaying implementation?

Out of the goodness of their hearts?????

The tax ruling that all here disagreed with is going to be the undoing of this, and the ruling will still stand...

roberts is a genius


154 posted on 01/04/2014 5:48:37 AM PST by joe fonebone (a socialist is just a juvenile communist)
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To: TWhiteBear

“Mr. Snowedon has the relevant emails.”

How nice it would be to see a threatening email from a slimy, oily, psychotic, subversive, Progressive punk.

IMHO


155 posted on 01/04/2014 5:49:33 AM PST by ripley
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To: EternalVigilance
"I swear no one bothers to actually read the text of the opinion."

I've read it. And I just read it again. Chief Justice Marshall perfumed the opinion with fine references to noble principles, but when you stand back and look at it....it was still a power grab. Now, I'm not saying that it was an extra-Constitutional power grab. Because the Constitution doesn't prevent power grabs or even overt tyranny. All that it really ensures is that power be collaboratively hared amongst the three branches of government. If the three branches of government decide that power over the citizenry should be increased to unheard of levels, then there is nothing in the Constitution that stops it. Slavery? A-OK! Confiscatory taxes? No problem! Forcing the population to buy into a social or health insurance scheme? Go for it!

Lysander Spooner got it right well over 100 years ago when he noted that "The Constitution has either authorized such a government as we have had or has been powerless to prevent it."

156 posted on 01/04/2014 6:15:50 AM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
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To: 2ndDivisionVet
When they burn your church to the ground you’ll have the moral standing to criticize Gov. Palin about that.

It requires qualifications to criticize her?

Wow. Just wow.

157 posted on 01/04/2014 6:21:07 AM PST by humblegunner
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To: humblegunner

On that one item, IMO. YMMV.


158 posted on 01/04/2014 6:21:47 AM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: Deagle

“Absolutely and in the coming years Roberts will be famous for his idiotic vote and his attempt to destroy American justice. “

More likely he will be lauded as a hero for saving Americans from the freedom of individual choice. History is written by the winners.


159 posted on 01/04/2014 6:23:24 AM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
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To: RKBA Democrat
I still don't think that saying "we must follow the Constitution, and so must everybody else," constitutes a "power grab."
160 posted on 01/04/2014 6:33:39 AM PST by EternalVigilance
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