The Yin and the Yang

Flopping Aces ^ | 06-30-12 | Paul Acosta

[Starman417]

Obama Tweets: 'Still a BFD'

Ah! What decorum! A point worth noting was made by another tweet that followed…

 "The last time Democrats gloated this hard after a health care victory, they lost 60 House seats."

Although at first glance Judge Roberts’ judicial gymnastics provide a victory for the socialist, the long term repercussions of this decision also offered some hope for their opponents as well.

Judge Robert’s ruling leaves the dark cloud of Obamacare over our heads, and that is disappointing, but this dark cloud appears to have a silver lining as well. By calling the penalties a tax and declaring that the law would be unconstitutional if the Commerce Clause was invoked, the court breaks the stride of the statist most alluded to excuse for over reach.

In the future when the Federal Government claims to be wanting to do something for us (or on to us), they will have to own up to the fact that to do so, the taxes will be raised not just on the rich, but on the poor and the middle classes as well, this will hopefully serve as a deterrent for future demagogues, and tone down the class warfare rhetoric, even if ever so lightly.

Equally as important was the decision to tell the Federal Government that it could not use the denial of Medicaid payments to states that choose to disobey their mandates. By so doing the court denies the Federal Government the ability to black mail the states into submission, thus removing the “Chicago Way” off the table, at least overtly, and momentarily reversing a 75 years trend of rulings that have eroded the states’ 10th amendment’s rights.

[chuckee]

Come the time when there are 5 liberals sitting on the bench the legal semantics of calling it a tax or upholding it under the commerce provision falls by the wayside. No one ever doubted that the 4 Dems on that court would uphold every provision of Obamacare as they do with ALL marquee Dem legislation where legal precedent is merely a temporary roadblock to be amended on their way to enacting political policy initiatives of liberal legislatures. That is why this whole theoretical concept that Roberts by upholding it under the taxation rather than commerce provision is really restricting the overreach of the Court in the future is silly.When that 5th liberal is appointed, the mindless harping of the media looking for an interesting angle to report will have been shown to fly in the face of historical reality of liberal courts mutating legal precedent to enact Dem policy initiatives. .