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John Roberts, evil genius
NEW YORK DAILY NEWS ^ | 6/28/2012 | Robert E. Malchman

Posted on 06/28/2012 11:50:49 AM PDT by nerdgirl

Chief Justice John G. Roberts is an evil genius. The ruling to uphold the Affordable Care Act is, on its face, a win for President Obama both because the media are saying it is and because it is the signature piece of legislation of his first term. But it may turn out to be a pyrrhic victory, as Roberts accomplished numerous, subtle victories for conservative Republicans.

Read more: http://www.nydailynews.com/opinion/john-roberts-evil-genius-article-1.1103982#ixzz1z7DsG4zU

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


TOPICS: Constitution/Conservatism; Editorial; News/Current Events
KEYWORDS: 2012issues; bhohealthcare; roberts; robertscourt; scotus; victory
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To: Ronald_Magnus
They’re fretting over this issue at DailyKos:

“—the Roberts five seek to dismantle the New Deal jurisprudence. With no need to even opine on the Commerce and Necessary and Proper question, Chief Justice Roberts has written an unfathomable opinion whose motive can only be the laying of groundwork—the groundwork to undo the New Deal.”

I would certainly hope the Kossacks are onto something there.

61 posted on 06/28/2012 12:20:57 PM PDT by cynwoody
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To: nerdgirl

B/S.... Roberts was dead wrong. The law, as written, is unconstitutional.


62 posted on 06/28/2012 12:22:03 PM PDT by Gator113 (***YOU GAVE it to Obama. I would have voted for NEWT.~Just livin' life, my way~)
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To: nerdgirl

Ohhhhhhh, I see, Roberts curtailed the expansion of government by allowing it to take over the most important and expansive industry we have. Yes, that makes perfect sense. WHAT???


63 posted on 06/28/2012 12:23:15 PM PDT by cdcdawg
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To: nerdgirl
The only silver linings are that the state Medicare exemptions will likely kill ObamaCare. And that by approving it, Roberts has denied Obama a huge campaign issue for the fall, and re-energized Republicans and the Tea Party, and will likely DOUBLE the amount of money raised.
Actually, those are pretty big ones.
The downside? If Romney wins he will likely keep it, rename it RomneyCare, and move on to amnesty for illegals.
64 posted on 06/28/2012 12:23:15 PM PDT by montag813
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To: Lets Roll NOW

I’m in tears today knowing that fact, that we are finished!! I don’t feel any sense of hope or feel that Romney will defeat Obama. The USA is finished. I may have a defeatist attitude, but what else am I to feel? We are defeated. It’s over. I’ll still fight, but I don’t feel it matters.


65 posted on 06/28/2012 12:23:22 PM PDT by Halls (Jesus is my Lord and Savior)
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To: jpl

No, not everything. Keep a clear head, especially now that the circus is in town with all the barkers hawking their attractions...along with tons of false prophets.


66 posted on 06/28/2012 12:23:27 PM PDT by Resettozero
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To: nerdgirl
Any lawyers out there on FR? (They can't all be on DU.)
Is it legal for anyone to force me to pay for NOT buying something? (Besides fines?)
I'm not getting anything in return for this new tax.
Isn't there some rule against one sided contracts? Quid pro quo and all that?

67 posted on 06/28/2012 12:23:38 PM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: circlecity

It seems like they already do tax our behaviors, but they go back door and do it by exemptions. For instance people who have no children pay more tax than people who have children as deductions. This is a round about way of taxing the behavior of remaining childless. All the exemptions are taxes based on not engaging in the exempted behaviors. This makes way for special laws which apply to particular people or groups. The income tax must give way to something better and non intrusive to our private lives.


68 posted on 06/28/2012 12:24:42 PM PDT by Anima Mundi (ENVY IS JUST PASSIVE, LAZY GREED)
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To: Jedidah
I can't believe the person who wrote that actually teaches law.

As Roberts explained in his opinion, being legitimate under the Commerce Clause was the government's main argument. The tax was "and if that doesn't fly, then ...". It seems sensible to address the main argument first. Having found it unconstitutional, he then searched for another construction that could pass constitutional scrutiny.

The ridiculous thing is that the majority rules it "not a tax" for anti-injunction purposes, and then "a tax" for constitutionality. If the Court view the penalty as a "tax", the whole case was mooted by the anti-injunction act.

69 posted on 06/28/2012 12:25:04 PM PDT by In Maryland ( "... the [Feds] must live with the inconvenient fact that it is a Union of independent States)
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To: Halls

Halls: either stand your ground or remove your tagline.


70 posted on 06/28/2012 12:25:29 PM PDT by Resettozero
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To: Gator113

“B/S.... Roberts was dead wrong. The law, as written, is unconstitutional.”

...and he certainly knows it. So: Why?


71 posted on 06/28/2012 12:25:57 PM PDT by privatedrive
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To: All

His disjointed ruling is the very definition of judicial activism or reading something into the law that is not there. The court did itself and the country a disservice today.


72 posted on 06/28/2012 12:25:57 PM PDT by newnhdad (Where will you be during the Election Riots of 2012/2013?)
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To: sand88

Avoiding all articles you disagree with isn’t exactly the path to intellectual growth...

My comments today all express profound disappointment with Justice Roberts’ move. And I never said I agreed with this article. For me Roberts jumped the shark this week just as bad with the immigration issue, so it’s not that I’m his grand defender. But nor do I think he’s some kind of “turncoat” or whatever - he surely did what he thought was right, despite the fact that I wish he’d done what was right for the country, and not based on his personal idea of what “right” is.

As I’ve said already, I think he was caught up with preserving the Court as an institution, and perhaps his own ego as well - wanting to protect the “Roberts” Court more than just the Court in general.

But as we are all grasping at straws at how this man could have put the good of the country aside - for any reason - it’s worth reading whatever might shed some light. Attempting to ease the depression one feels at a time like this, I suppose.


73 posted on 06/28/2012 12:26:34 PM PDT by nerdgirl
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To: Tzar

” Obama got to Roberts.” <<<

You gotta wonder. I credit no one with enough brains to finesse all this further chaos and author more of this utter confusion except for the devil himself.

Good and decent people should be able to see light at the tunnels end of the tunnel and to see decent outcomes for right and wrong. We can not yet count on right prevailing over the further decline of our once great nation by anyone in government with enough power to reverse decline.

And, we’re going to hope to fix it all by electing now a socialist at the top of our ticket.

We are facilitating a new low.


74 posted on 06/28/2012 12:26:42 PM PDT by RitaOK (NO ROMNEY, NO COMPROMISE. NO WAY. NO HOW. NOT NOW. NOT EVER.)
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To: Texas resident

I totally believe this. I know, I’m fitting my tinfoil hat as I write. Roberts just expanded the governments right to punitively tax us. The commerce cause limitations is bullshit, basically we were given a knife, the rats were given a gun. I have read things in the past about questions into Roberts and his wifes adoption of two children, supposedly from Ireland via South America. As an adoptive mother this smells funky. Where are the investigative reporters?


75 posted on 06/28/2012 12:27:36 PM PDT by BLOC77 (i was pro-life before pro-life was cool)
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To: nerdgirl
The left-wing Slate comes to a similar conclusion (and is not happy):

Obama Wins the Battle, Roberts Wins the War

76 posted on 06/28/2012 12:27:48 PM PDT by magellan
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To: nerdgirl

LOL! It’s like the Japanese just finishing off the attack on Pearl Harbor, and the American commander claiming the Japanese are badly crippled now because we exhausted their supply of 500 lb. bombs. It’s subtle, but if you think about it in the right way, yeah, you won, of course. Arguments by morons for morons.


77 posted on 06/28/2012 12:28:10 PM PDT by throwback (The object of opening the mind, is as of opening the mouth, is to shut it again on something solid.)
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To: cdcdawg

Well, that’s not what has happened. TV pundits aren’t going to steer you to think straight about today’s ruling. Just wait a while long to decide what the true results are.


78 posted on 06/28/2012 12:28:57 PM PDT by Resettozero
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To: KevinB

As if our objections were to the mere word “mandate”...but hey, call it some other word and we are okay being forced to do it. Sort of like, “Don’t kill me”...but if you just want to take away my life, that’s fine.


79 posted on 06/28/2012 12:29:32 PM PDT by Anima Mundi (ENVY IS JUST PASSIVE, LAZY GREED)
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To: kevao
If this is a direct tax or capitation rather than a tax on income, then how is it Constitutional?

Or do we have to wait until tax year 2013 to have standing in order to bring that question before the Supremes?

It's a complete muddle.

80 posted on 06/28/2012 12:30:25 PM PDT by Sirius Lee (Goode over evil. Voting for mitt or obie is like throwing your country away.)
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