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Chief Justice Roberts Is A Genius
http://whitehouse12.com ^ | 6.28.12 | I.M. Citizen

Posted on 06/28/2012 1:43:28 PM PDT by Whenifhow

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To: KevinB

Roberts himself changed the mandate into a tax in the majority opinion. If he planned to kill it as unconstitutional then, why kick it down the road? Why not just leave it as a mandate, which was already unconstitutional?


41 posted on 06/28/2012 2:10:04 PM PDT by 5thGenTexan
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To: Whenifhow

Oh puhleeze. Putting a bow on cow dung is no more than cow dung with a bow.


42 posted on 06/28/2012 2:10:18 PM PDT by RIghtwardHo
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To: Whenifhow
I too am feeling better about this. The more I read, the more I start to imagine Roberts as this guy. Photobucket
43 posted on 06/28/2012 2:11:12 PM PDT by Ronald_Magnus
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To: 5thGenTexan

Start at line 24, bottom of page 16.
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Monday.pdf


44 posted on 06/28/2012 2:11:42 PM PDT by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: Smokeyblue
Good Lord. What are you smoking?

Not smoking anything. I was very angry this morning, but have been reading and thinking about it all day. I think Obamacare is going to go down, either through repeal or successful challenge of the constitutionality of the tax itself or because it will be unsustainable in light of the states' ability not to participate in the medicaid portion. It is the precedent of the opinion that worries me most. I do believe the tax itself will eventually be found unconstitutional, which will significantly erode any precedent.

45 posted on 06/28/2012 2:11:52 PM PDT by KevinB (We'll stop treating Obama like a dog when he stops treating us like a fire hydrant - Fred Grandy)
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To: Red Steel
Except Obama or his solicitor general did not argue it was a tax ....... That is exactly how they argued it before SCOTUS.
46 posted on 06/28/2012 2:12:44 PM PDT by Gabz (Democrats for Voldemort.)
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To: Whenifhow

47 posted on 06/28/2012 2:14:38 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: 5thGenTexan

Why not a tax for refusing to be armed at all times in public places?

In pre-revolutionary America, many localities had such requirements for the possession of firearms at home with sufficient ammunition to be an integral part of the militia. There is precedent for that.


48 posted on 06/28/2012 2:16:59 PM PDT by LachlanMinnesota
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To: Gabz
That is exactly how they argued it before SCOTUS.

Not much of "an argument" when Obama's solicitor dodged and weaved when he was asked more than once by the Supreme court if it was a tax. Roberts turned it into a tax.

49 posted on 06/28/2012 2:17:57 PM PDT by Red Steel
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To: KevinB

So Roberts is a genius now?

Wow. Denial runs deep.

People can talk themselves into anything.

He stabbed us in the back. He shredded what’s left of the Constitution.


50 posted on 06/28/2012 2:18:05 PM PDT by Smokeyblue
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To: Whenifhow
Ultimately, Roberts supported states rights by limiting the federal government’s coercive abilities. He ruled that the government can not force the people to purchase products or services under the commerce clause and he forced liberals to have to come clean and admit that Obama-care is funded by tax increases.

He ruled that the government is free to force people to do whatever it wants, by increasing the ability of the government to tax anything it wants anyway it wants.

I don't think that's quite the right analysis. He ruled that the Feds didn't need to worry about the commerce clause, that they had the freedom to do whatever they wanted if they called it a tax. And he gave them the freedom to call it a penalty for those times when calling it a tax might impose limitations.

The 16th amendment was the first to allow the Federal government to tax individuals, through their incomes. The constitution doesn't allow direct taxation. Roberts has stretched to 16th to allow any and every form of direct taxation by the Feds.

51 posted on 06/28/2012 2:18:05 PM PDT by slowhandluke (It's hard to be cynical enough in this age.)
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To: Smokeyblue

In a way, doesn’t it seem (from the above) that Roberts was a clever judicial jiu jitsu artist, turning all that liberal energy against the Democrats?

The Supreme Court doesn’t exist to protect the citizenry from their political choices.

HoooAah!

Now, Jobs won’t be created, the middle and even lower classes will see their taxes rise. All in all, not a bad set of affairs for Romney.


52 posted on 06/28/2012 2:19:50 PM PDT by plangent
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To: Whenifhow
"Finally, he struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding."

No, he didn't. He ruled they can't bully states into complying with a massive Medicaid expansion by threatening their existing Medicaid funding.

There was never an option for states to opt out of the Mandate. How can they, when the mandate is being collected from individuals by the IRS?

If Roberts is so smart then why didn't the other 4 conservative judges agree with him? Are liberals the only ones smart enough to agree with Roberts?

What Roberts did was to allow unlimited taxation of individuals for any reason whatsoever, including to coerce individuals into engaging in commerce. That could reasonably have been construed as not allowed by the enumerated powers.

53 posted on 06/28/2012 2:20:31 PM PDT by DannyTN
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To: Whenifhow
Chief Justice Roberts Is A Genius
on the Bizzaro World.
54 posted on 06/28/2012 2:20:31 PM PDT by Tanniker Smith (Rome didn't fall in a day, either.)
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To: slowhandluke

Exactly!


55 posted on 06/28/2012 2:21:02 PM PDT by Smokeyblue
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To: 5thGenTexan
If he planned to kill it as unconstitutional then, why kick it down the road?

I don't think he could due to the Anti-Injunction Act. For a tax to be challenged it must first be assessed, which none yet have. I did read some commentary a while back from someone who said this might be something Roberts would do.

56 posted on 06/28/2012 2:21:12 PM PDT by KevinB (We'll stop treating Obama like a dog when he stops treating us like a fire hydrant - Fred Grandy)
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To: Smokeyblue
So Roberts is a genius now?

Wow. Denial runs deep.

People can talk themselves into anything.

They see a silver lining so Roberts is a 'genius' jurist!

Right, it's idiotic.

57 posted on 06/28/2012 2:21:12 PM PDT by Red Steel
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To: TornadoAlley3

What is the point you are trying to make sending me there?


58 posted on 06/28/2012 2:21:26 PM PDT by 5thGenTexan
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To: TornadoAlley3

Update: Senate GOP Will Use Reconciliation in Attempt to Repeal #Obamacare! http://herit.ag/o2S

http://blog.heritage.org/2012/06/28/senate-gop-will-use-reconciliation-in-attempt-to-repeal-obamacare/


59 posted on 06/28/2012 2:23:14 PM PDT by Whenifhow
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To: plangent

Are you too smoking crack?

You must be one of those people that hasn’t been utterly devastated by this Obama economy or had any health care crisis.

Glad it’s all fun and politics for you.


60 posted on 06/28/2012 2:23:35 PM PDT by Smokeyblue
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