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Chief Justice Roberts, You Fox You
The American spectator ^ | 7-5-12 | R. Emmett Tyrrell, Jr.

Posted on 07/05/2012 6:46:08 AM PDT by afraidfortherepublic

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To: joe fonebone
Soooo.... those that have read the ruling, constitutional scholars and a great conservative author in a great conservative magazine agree that conservatism was handed a victory in this ruling. But because rush, hannity, levin and other a.m. radioheads don’t like it, it just cannot be true. and people on this site talk about the dems getting their talking points for the day....

c’mon people... shut off your a.m. radio, and start to think for yourselves

I'm with you, Joe, but it will never happen.

If the members of the court are at all representative of the country, then 1 in 9 people are willing to do the hard work of reasoning through cases like this. The other 8 just go with their feelings.

101 posted on 07/05/2012 8:55:28 AM PDT by conservative sympathizer
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To: albie

I don’t necessarily disagree with Levin’s interpretation. But, if your only source of critical logic is Mark Levin, if I were you, I would strive to expand my horizons.


102 posted on 07/05/2012 8:56:12 AM PDT by pfflier
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To: fso301

“The expansion of the federal government’s reach under the commerce clause is no longer a grave threat to limited government.”

That may be true, but if so it’s only because the fight is long over. It was a threat 70 years ago and was allowed to win, though eventually we found out it did have a limit. Big deal, there’s another power down the way which has no limit, perhaps unless it threatens free speech or whatever else our betters in the court have arbitrarily decided to protect.


103 posted on 07/05/2012 8:58:40 AM PDT by Tublecane
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To: afraidfortherepublic

We may as well have Julia Roberts, with all this concern he has for his image.


104 posted on 07/05/2012 9:08:30 AM PDT by Anima Mundi (ENVY IS JUST PASSIVE, LAZY GREED)
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To: Alberta's Child

“there are enormous loopholes that would likely apply to tax-exempt organizations (religious or not)”

The “mandate” penal-tax is a tax on individuals, not groups. Existing group exemption schemes don’t apply.


105 posted on 07/05/2012 9:15:39 AM PDT by Tublecane
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To: Paladin2; 9YearLurker

Yes but it is even a bigger failure by the court in that they said that they could rule part of it unconstitutional but did not have to rule it all unconstitutional even though there was no separation clause. Without the separation clause the whole thing should have been unconstitutional but the court just breaks its own precedence’s to mess with the citizens.


106 posted on 07/05/2012 9:16:24 AM PDT by Ratman83
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To: afraidfortherepublic

If the Government can call something a mandate and collect it by then calling it a tax, the individual should be able to call something a tax and then not pay it because it is an unauthorized mandate. Makes as much nonsense.


107 posted on 07/05/2012 9:16:33 AM PDT by Anima Mundi (ENVY IS JUST PASSIVE, LAZY GREED)
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To: Tublecane
That’s called obiter dictum, and it doesn’t formally have legal power.

I once heard Shuttle astronaut Owen Garriott on my ham radio receiver, while sitting in a parking lot in St Joseph, Michigan.

I called his words an orbiter dictum.

108 posted on 07/05/2012 9:20:09 AM PDT by Erasmus (Zwischen des Teufels und des tiefen, blauen Meers)
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To: B.O. Plenty
......he HAS to be embarrassed and ashamed.

This requires one to have a conscience and shame to begin with. NO ONE with a conscience, could have done to America and future generations who will in inherit it, what Roberts has done.
109 posted on 07/05/2012 9:21:48 AM PDT by rottndog (Be Prepared.....for what's coming AFTER America.)
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To: afraidfortherepublic

We can bitch and moan all we want, but if we don’t get to the polls and vote Obama and the Democrats out of office, we can only expect WORSE things down the road.


110 posted on 07/05/2012 9:25:51 AM PDT by SuziQ
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To: Alberta's Child

“all of things you mention are pretty much inevitable in any sector of the economy where third-party payment is the normal course of affairs”

That’s only true if certain other conditions hold. For instance the third party payer system works well for auto insurance, but only because drivers are smart enough to pay for general upkeep on their own and save insurance for great, big expenses. The problem with health insurance is that people use it to pay for every damn thing, from dollar one at the clinic to spinal surgery. Which might be what you meant by “the normal course of affairs.”

But also there’s another party, a fourth party if you will, in your employer. So that people don’t even buy insurance directly, let alone healthcare. Then there’s the lack of competition, thanks to the fifth party that is the government.


111 posted on 07/05/2012 9:26:06 AM PDT by Tublecane
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To: afraidfortherepublic

First, Emmet, Dipwad’s decision dicta shouldn’t have to be translated. Second, if you need the likes of Prof Elliot (of Yale) to translate it for you - you’re an effing idiot.

http://www.acus.gov/acus-welcomes-back-an-administrative-and-environmental-law-thought-leader/

Apparently, you like being pissed on and being told it’s rain, dumbass.


112 posted on 07/05/2012 9:29:17 AM PDT by Gaffer (NOVEMBER !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)
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To: tumblindice
“Butch, you know by not recusing yourself ... ?"

LOL. Thanks.

113 posted on 07/05/2012 9:33:20 AM PDT by JohnG45
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To: The_Reader_David

There’s a basic flaw within your very appealing theory: if Roberts decision was made to allow the other Constitutional arguments against ObamaCare to advance ( this allowing further precedents on the CC to be locked in) then he’s going to do even MORE damage to the Court’s precious reputation.

Speculation is that Roberts decided as he did to avoid the perception that the Court has become partisan. In this he failed, just that Conservatives now see it as partisan, with Roberts having flipped to the Liberal/Dem side.

Imagine the reaction from the Left if, next term, their newfound hero votes with a majority to overturn Obamacare on different grounds ... The story will be that a weak Chief Justice caved to Conservative outcry. THAT only does more damage to the destruction alreade wrought.


114 posted on 07/05/2012 9:33:55 AM PDT by tanknetter
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To: Reily
so its all a “cunning plan”!

With "Baldrick" Roberts on our side, how can we lose? /s

115 posted on 07/05/2012 9:37:52 AM PDT by BlatherNaut
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To: Anima Mundi
"Julia Roberts"

I like that meme:

Impeach Julia Roberts!


116 posted on 07/05/2012 9:38:30 AM PDT by Paladin2
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To: Mr. K
Don’t dismiss him so quick. You don’t have to agree 100% with everything everyone says for them to be one your side.

I have no doubt that Tyrell is on our side. But he's still way, way off the mark. Pretty much fantasy born of desperation.

Even if, a big if, the positive aspects he describes are in fact just that; they would only be of value if we had a government & executive branch that had the slightest desire to conform to the law. Obama et al are completely lawless. They will ignore what they dislike in the ruling, which is damn little.

This has been demonstrated repeatedly. He enforces laws that don't exit, refuses to enforce those that do....openly and with glee. He repeatedly ignores court rulings against his actions (think oil drilling the the gulf).

He had more or less stated before the ruling that if OC was declared unconstitutional he was going to implement it piecemeal via exec order and regulation.

We have a completely lawless and rogue chief exec and federal government. The courts are toothless and congress ball-less. Mitch "Obama's bitch" McConnell has contorted himself into a pretzel trying back down from his 5 minutes of political masculinity and admit nothing is going to happen after the election no matter how many Republicans get elected, including Mittens.

117 posted on 07/05/2012 9:40:02 AM PDT by ChildOfThe60s (If you can remember the 60s....you weren't really there)
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To: Gaffer

As bad as the immense amount of Judicial Law there is now out there on the books (Fed, State, Local, UN) that all citizens MUST know (ignorance is no excuse - now a Catch 22 if ever there was one), the Administrative Law takes it to a whole new (unconscionable) level.


118 posted on 07/05/2012 9:43:25 AM PDT by Paladin2
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To: fso301

Yeah. In what fantasy world does anyone think that a lawless President (who congress will not stand up to) gives a rat’s ass about a court ruling that claims to restrict the commerce clause?

Obama has openly violated law and the Constitution on a daily basis and suffered what terrible retributions from congress and the courts? Uh, right.


119 posted on 07/05/2012 9:45:54 AM PDT by ChildOfThe60s (If you can remember the 60s....you weren't really there)
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To: BlatherNaut
"so its all a “cunning plan”!"

Nore of a plan from a cunning linguist.

(When is a tax not a tax? When it's a cucumber!)

120 posted on 07/05/2012 9:46:07 AM PDT by Paladin2
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