Maybe Roberts Got it Right After All

Self | June 28, 2012 | Alberta's Child

[Alberta's Child]

Upon further review and discussion here, I've concluded that the majority opinion of Chief Justice Roberts in the ObamaCare case was exactly what this country needed. He effectively took the heap of crap that had been dumped in the halls of the U.S. Supreme Court and tossed it right back out where it belongs: in the homes and businesses of every U.S. citizen who has allowed this bunch of fools in Washington to govern us this way.

Think of it, folks ... Any obligation of the U.S. Supreme Court to deal with this idiocy went out the window the moment that dingbat Nancy Pelosi stood up on television and said: "We have to pass the bill to see what's in it."

If I were a Supreme Court justice, I wouldn't spend 30 seconds of my life reading a single legal brief in a case involving a Federal statute that was passed even though the Speaker of the House of Representatives didn't even read the damn thing before voting on it.

On top of all that, just consider this: There were 28 states that filed legal challenges to ObamaCare, either individually or jointly. How can 28 states file legal challenges to a Federal law that was passed in the U.S. Senate by a 60-39 margin? If I'm sitting on the Supreme Court and the Attorney General of, say, Pennsylvania (which is one of these 28 states) comes in for oral arguments in the case, my first and only "question" would be: "If you have such a problem with this Federal statute, why don't you take it up with Bob Casey, Arlen Specter and those nine House members in your state who passed the damn thing ... along with the idiots in your state who cast their electoral votes for that jug-eared Kenyan nitwit in 2008?"

[Graewoulf]

Now that Chief Justice John Roberts has destroyed the boundary between the Judiciary and the Legislative Branches of the US Federal Government by changing a legally approved fine into a tax with no vote from the Legislature, there is no limit to what laws the SCOTUS can now reinterpret to their benefit.

The Backdoor conversion of a fine in Obama”care” into a tax by Justice Roberts requires that the people convert the other Rogue rulings of the SOCTUS into rulings consistent with the US Constitution. Obviously this cannot be done by lawyers, as lawyers do not obey laws, they just reinterpret laws to suit themselves.

Obama”care” is the Death Knell for America, and this horrific law was upheld today by our SCOTUS. The People must rewrite the US Constitution so as to restore the System of Checks and Balances between our co-equal branches of Government, first with the Judiciary, and then a severe reduction in the authority of the President.

[uncbob]

Is this crazy

The GOP was warning that it was in reality a TAX and Obama and the DEMs arguing that it wasn’t

So Roberts says the GOP was right and Obama was wrong so it is constitutional

My brain hurts

[rusty schucklefurd]

re: “No it cannot be undone. Listen to Levin on this. The PRECEDENT has been established that the judiciary has the ability to write tax code——something expressly deemed the purview of the House (or don’t you know your Constitution)”

I agree with you on this - how in the world - why in the world is the Supreme Court rewriting a law, passed by congress, signed by the “president”, and, by the Court redefining “mandate” to a “tax” somehow makes an unconstitutional law as originally written, into a constitutional one???

And, even if their redefinition made it constitutional (which it doesn’t) - where does the court get this power to do so??

What am I missing here?

[pollywog]

do you have DSL? listen to Rush on WABC.com no need to listen to the junkies!~

[sasquatch]

So? I don’t want to buy earthquake insurance although I got through a shaker. We’re within 3 miles of the epicenter of loma prieta a few years back.

I’m sure the Vermont floods were very series.

[Orange1998]

I thought this would be flame thread until I read the last sentence. It takes someone with brains to figure what you just said. If one really thinks about it ALL States should be govern by their rules and laws not some OverLord called The Supreme Court.

"If you have such a problem with this Federal statute, why don't you take it up with Bob Casey, Arlen Specter and those nine House members in your state who passed the damn thing ... along with the idiots in your state who cast their electoral votes

[BIGLOOK]

Don't ya just hate it when the Chief Justice refuses to play politics in the playground and throws sand in their faces?

There are tickets available for the DNC convention at bargain prices......lots of 'em.

[Girlene]

I disagree. He went out of his way to change the existing law. He determined that Congress and the President really meant to call the “penalty” associated with the mandate a “tax”. Tada - he rewrote the law to make obama care work in his mind.

That’s not conservative....that’s activist. A conservative justice would have let it fail as is, not try to “correct” the law to somehow make it COnstitutional in his mind.

[MattinNJ]

No flames. Thoughtful post. By making it a tax the Senate can defeat it through reconciliation AND the house can defund it. If that was hisgoal, he should have done it before some of these primaries like Hatch, etc....

[mylife]

LOL!

[Boogieman]

Wow, there's so much wrong with your logic here I can't even begin to put it into words. I guess a picture will have to suffice:

[rusty schucklefurd]

re: “He could have accomplished the same thing by killing ObamaCare today. Simply saying, “I don’t care what the Solicitor General argues. The law was not passed as a tax. If Congress wants to, they can pass it as a tax and it will stand. But for now, it’s dead.”

EXACTLY! That IS what Justice Roberts should have done. There is NO constitutional authority for doing what he did.

And, whether or not Obama is defeated in a landslide and Republicans gain huge majorities is the House and Senate - this precedent giving the federal government the power to penalize any citizen who refuses to “buy” something the government wants him/her to - all under the cover that it is a “tax”, not a “mandate” - this is the real damage done for years to come.

I hate having to be forced into voting for Romney, but what other possible shot do we have of hopefully changing this? What Romney better remember is that IF he is elected and the nation gives him majorities in both houses of congress - - he BETTER not only get rid of Obamacare, but also nominate true conservative justices (although I thought we had one in Roberts).

Also, Romney says after Obamacare is repealed he wants to “replace” it with a true fix. And, just what will that be?? I admit there are things that need work, but I hope to Almighty God that we don’t get Obamacare Lite. That’s what I concerned about from Romney.

First, though, step one is get Obama OUT of the White House and get the dems out of congress - then boot this horrible law out asap.

[hoosiermama]

Yelp...If it’s a madate we have it forever and ever.

BUT by making it a tax it can more easily be modified or removed. If the tax is removed or modified it negated THE BILL.

All done legally by the people’s representatives not done by the SCOTUS.

[montanajoe]

The lawyers that brief these cases bring in all possible ways to uphold a stature that they can think of. Conservative Justices will uphold a law on any grounds they can and defer to the legislative body.
If you note the dissents they were very respectful of the CJ.

When I saw Scalia go off in the Arizona case on Monday I figured Obamacare was going to be upheld, Scalia and the other conservative Justices respect the CJ and understand both his reasoning and his concern for the Court IMHO..

[Reddon]

One of the statements made by Chief Justice Roberts in the ruling: “It is not our job to protect the people from the consequences of their political choices.”

Good point, and I agree. We deserve exactly what happened to us today. Another example is illegal immigration, everybody in AZ knows what a problem that is. So what do Arizonans do? They re-elect John McCain. By a big margin. Sorry I have no sympathy for Americans and what is going to happen to us. Stupid nations don't deserve to stay number one. Americans clearly want to be led by people like Charlie Rangel, Pelosi, Obama, Barney Frank, Harry Reid, etc. Not sure it's the supreme court's job to save us from that. Not sure we SHOULD be saved from that.

[WKTimpco]

It’s not Roberts intention.
His intention is to destroy
the Constitution. Maybe he
did us a favor, but it wasn’t
his intention.

[leapfrog0202]

Use I heart and you can listen on a computer, smart phone or tablet. You can then tune into any station that carries whomever you care to listen to.

[leapfrog0202]

Use I heart radio and you can listen on a computer, smart phone or tablet. You can then tune into any station that carries whomever you care to listen to.

[GlockThe Vote]

End of thread. Bingo.

[rusty schucklefurd]

re: “Roberts made it eassentially a tax law and sends it back to Congress to deal with.”

Ok, this is where I’m not following you and others who have said this same thing. How is this going back to congress? Roberts already changed the wording of the law himself from a mandate to a tax.

Roberts upheld the law by redefining “mandate” to a “tax” (which doesn’t make it constitutional either as far as I can tell).

This is NOT going back to congress to re-vote. No, Roberts has made it the law of the land. The only way to overturn it is to get rid of Obama and give Romney large majorities in both houses of congress.