Posted on 06/28/2012 10:07:53 AM PDT by Conservative_Jedi
Dear RedState Reader,
As you have no doubt heard by now, the Supreme Court largely upheld Obamacare with Chief Justice John Roberts writing the majority 5 to 4 decision. Even Justice Kennedy called for the whole law to be thrown out, but John Roberts saved it.
Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. John Roberts is playing at a different game than the rest of us. We’re on poker. He’s on chess.
First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term. It seems to me the left was smart to make a full frontal assault on the Court as it persuaded Roberts.
Second, in writing his opinion, Roberts forces everyone to deal with the issue as a political, not a legal issue. In the past twenty years, Republicans have punted a number of issues to the Supreme Court asking the Court to save us from ourselves. They can’t do that with Roberts. They tried with McCain-Feingold, which was originally upheld. This case is a timely reminder to the GOP that five votes are not a sure thing.
Third, while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach. In so doing, he has affirmed the Democrats are massive taxers. In fact, I would argue that this may prevent future mandates in that no one is going to go around campaigning on new massive tax increases. On the upside, I guess we can tax the hell out of abortion now. Likewise, in a 7 to 2 decision, the Court shows a strong majority still recognize the concept of federalism and the restrains of Congress in forcing states to adhere to the whims of the federal government.
Fourth, in forcing us to deal with this politically, the Democrats are going to have a hard time running to November claiming the American people need to vote for them to preserve Obamacare. It remains deeply, deeply unpopular with the American people. If they want to make a vote for them a vote for keeping a massive tax increase, let them try.
Fifth, the decision totally removes a growing left-wing talking point that suddenly they must vote for Obama because of judges. The Supreme Court as a November issue for the left is gone. For the right? That sound you hear is the marching of libertarians into Camp Romney, with noses held, knowing that the libertarian and conservative coalitions must unite to defeat Obama and Obamacare.
Finally, while I am not down on John Roberts like many of you are today, i will be very down on Congressional Republicans if they do not now try to shut down the individual mandate. Force the Democrats on the record about the mandate. Defund Obamacare. This now, by necessity, is a political fight and the GOP sure as hell should fight.
60% of Americans agree with them on the issue. And guess what? The Democrats have been saying for a while that individual pieces of Obamacare are quite popular. With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground.
It seems very, very clear to me in reviewing John Roberts’ decision that he is playing a much longer game than us and can afford to with a life tenure. And he probably just handed Mitt Romney the White House.
*A friend points out one other thing — go back to 2009. Olympia Snowe was the deciding vote to get Obamacare out of the Senate Committee. Had she voted no, we’d not be here now.
Sincerely yours,
Erick Erickson
Editor,RedState.com
I am reading through the decision now. Here is a remarkable quote from the decision (page 6)
“Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
Full decision found here:
http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
Roberts can go to hell. Sad part is that he is taking the rest of us with him.
Although I am hesitant to cast Roberts as some sort of Yoda-type figure, this decision can help the Conservative side immensely. We own the talking points. We own the high-ground. We own the hearts and minds of 60%+ of the American public. It may seem we have lost the battle but we are in great shape to win the war.
Ever forward ...
“he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term”
He did so by sacrificing the court’s fundamental job, which is applying the law.
Not buying the spin. No matter what ephemeral partisan advantage may or may not be gained from this decision, the setting of a precedent that the government can compel any activity it wishes, as long as the penalty for non-compliance is a tax, is a dagger in the heart of any semblance of freedom this country had left.
It’s bad enough if Roberts did this because he actually believed it. It’s even worse if he did it because he was afraid of perception.
Government can tax anything, that is true. What made this case different is that the feds denied it was a tax, but a penalty, and you have the opportunity to take them at their word. It was also a tax for an governmental action that is unauthorized by the Constitution, forcing people to buy health care. That is not an enumerated power, so you can't tax to do it. In other words, you can't use the 16th amendment power to tax to do something that the constitution doesn't allow. For example, you can't have a tax that you have to pay if you don't give up your guns, have an abortion, or provide an antigovernment opinion. That tax violates the bill of rights, as did this tax.
“Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
This makes my blood boil. Yes it is! That’s exactly your job, when the consequences of our political choices violate the Constitution. You sonofabitch!
“Rationalization is like mental masturbation. In the end, you still get screwed.” anon
Ericson is a moron. The federal government can now order you to buy anything they want and tax you if you do not buy it.
Second, in writing his opinion, Roberts forces everyone to deal with the issue as a political, not a legal issue.
///
Baloney!!!
Erick Erickson is all wet!
...if Roberts wanted it dealt with,
he would have said, the law’s intent wasn’t as a tax,
but, it is. ...and strike it down and send it back!!!
...instead,
Roberts became a judicial activist, and UPHELD the law,
by “rewriting it” FOR Congress !
http://www.freerepublic.com/focus/news/2900469/posts?page=22#22
“We’re on poker. He’s on chess.” No, he’s on something more like Hunger Games.
Tell me about it, they've contorted themselves more than a Twister player to try to justify Roberts' treason.
You are focused on one battle, while today's decision just lost us the war. This Roberts' decision is going to be cited by future courts next time Fedzilla decides to mandate (i.e., "tax") our behavior. This gives Fedzilla total, unchecked power over our lives.
This is about far more than health care. The U.S. Constitution has just been nullified with this decision!
Erick Erickson must have been out drinking with Roberts last night —
—For the right? That sound you hear is the marching of libertarians into Camp Romney, with noses held, knowing that the libertarian and conservative coalitions must unite to defeat Obama and Obamacare.—
That was an interesting statement to me. The reason? I’ve said here many times that there is almost no way I would vote for Romney. I said it would take a major event in the wrong direction for me to even vote for him while holding my nose.
Well, this event was it. I will most definitely vote for Romney now.
There. I said it.
And yes, I WILL be holding my nose. And I am a HIGHLY MOTIVATED voter, voting AGAINST Obama.
Then we can expect a LOT more of these outrageous power grabs by the left. It worked now so why not more and apparently Roberts will go along with it so he won't dirty the looks of "his" Supreme Court.
When I saw him come down on AZ I had this fear bouncing around in my head that he'd side with the admin on OC.
And they dumped Stolen Valor. Great couple of days for the left.
1. Turn in your guns or pay a $100k "tax".
2. Anti-Obama post on FR? Each one will cost you $50.
3. Already have one child? The next one will cost you $200k.
4. Grandma reach 70 years old? Each year after that will cost her a $50k "tax" for refusing to die and costing the government money as a result.
5. You can still use your 5th amendment right in court, but it will cost you $20k.
I guess we need to turn the tables and when Republicans are in power, pass a Democrat tax. You can vote Democrat, but if you do, the tax is $100k, which is what it costs everyone for Democrat policies.
Repeal of ObamaCare will not change the fact that a new constitutional precedent has been set, one which future courts will cite in their decisions. Today's decision makes it constitutional for the Feds to tax not only those activities we choose to engage in, but tax us also for not engaging in any activity whatsoever. Essentially, we can be taxed just for breathing now.
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