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Why Roberts Did It
National Review Online ^ | 28 June 2012 | Charles Krauthammer

Posted on 06/28/2012 1:47:53 PM PDT by Meet the New Boss

It’s the judiciary’s Nixon-to-China: Chief Justice John Roberts joins the liberal wing of the Supreme Court and upholds the constitutionality of Obamacare. How? By pulling off one of the great constitutional finesses of all time. He managed to uphold the central conservative argument against Obamacare, while at the same time finding a narrow definitional dodge to uphold the law — and thus prevented the Court from being seen as having overturned, presumably on political grounds, the signature legislation of this administration.

snip

Whatever one thinks of the substance of Bush v. Gore, it did affect the reputation of the Court. Roberts seems determined that there be no recurrence with Obamacare. Hence his straining in his Obamacare ruling to avoid a similar result — a 5–4 decision split along ideological lines that might be perceived as partisan and political.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Government; News/Current Events
KEYWORDS: johnroberts; krauthammer; obamacare; obamacaretax; scotus
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Krauthammer thinks Roberts upheld ObamaCare and thereby gave the federal government the power to control health care so that the Left wouldn't call the SCOTUS partisan.

They do it anyway, John. Trying to curry favor from liberals never works.

It's not a tax, it is by its own terms a mandate and a punishment.

1 posted on 06/28/2012 1:48:00 PM PDT by Meet the New Boss
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To: nutmeg

bookmark


2 posted on 06/28/2012 1:49:49 PM PDT by nutmeg (I'm with Sarah Palin: Anybody But Obama 2012)
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Comment #3 Removed by Moderator

To: Meet the New Boss

So Roberts made Marxism the law of the land, because he wanted to seem “fair.”

How noble. NOT.


4 posted on 06/28/2012 1:51:27 PM PDT by Do Not Make Fun Of His Ears (Anyone who thinks we can sit home, then survive four more years of Obama, is a damned fool.)
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To: Meet the New Boss

Because our government no longer respects We the People....Kraut is being too silly here...


5 posted on 06/28/2012 1:52:43 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: Meet the New Boss
Kraut's conclusion pretty much nails it....
Obamacare is now essentially upheld. There’s only one way it can be overturned. The same way it was passed — elect a new president and a new Congress. That’s undoubtedly what Roberts is saying: Your job, not mine. I won’t make it easy for you.
But what worries me is.... How will Romney care be any different?

We are screwed.

6 posted on 06/28/2012 1:52:48 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Meet the New Boss
Of course ...

One's professional reputation is VASTLY more important than the well being of a nation and laws !

7 posted on 06/28/2012 1:52:48 PM PDT by SecondAmendment (Restoring our Republic at 9.8357x10^8 FPS)
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To: Meet the New Boss

Trying to ensure that the SCOTUS is or is not perceived in any particularly partisan way is NEVER any way to rule on a decision. Its the CONSTITUTION, STUPID!

Roberts has appeared as a strict constitutionalist to me in the past so I’m willing to give him the benefit of a doubt. However, what I don’t understand, is how the other’s on the court whom I consider constitutionalist voted differently than Roberts. I just can’t get my head around it.


8 posted on 06/28/2012 1:53:25 PM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Tzar

If the conservative dissent had agreed it was a tax, then I think even they would have upheld it.

The idea that the government can use the taxing power to affect people’s decision to purchase something - that bridge was crossed long ago.

It’s why people who buy a government motors battery-powered car pay less taxes than people who don’t.


9 posted on 06/28/2012 1:55:09 PM PDT by Meet the New Boss
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To: Meet the New Boss

Maybe Obama was planning on running against the legitimacy of the Supreme Court. If obamacare was overturned by “Bush’s guys,” Obama would use this as a pretext to dissolve the institution.


10 posted on 06/28/2012 1:57:00 PM PDT by ari-freedom
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To: Responsibility2nd

“Obamacare is now essentially upheld. There’s only one way it can be overturned. The same way it was passed — elect a new president and a new Congress. That’s undoubtedly what Roberts is saying: Your job, not mine. I won’t make it easy for you. “

Then who needs the Constitution? Let Congress vote on whatever they want and if they want to bring back slavery, take away guns, etc just let them and then we could vote them out again.


11 posted on 06/28/2012 2:00:26 PM PDT by ari-freedom
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To: Meet the New Boss
Result? The law stands, thus obviating any charge that a partisan Court overturned duly passed legislation. And yet at the same time the Commerce Clause is reined in.

This is just nonsensical, pseudo-intellectual babble. Roberts did what he did because he is not an originalist, and he wanted Obamacare to stand for whatever his reasons might be.

If we have justices voting because they fear the court will be called partisan by the partisan opposition, then we are far worse off than I ever imagined.

12 posted on 06/28/2012 2:00:29 PM PDT by Will88
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To: Meet the New Boss

The four leftist puppets have no problem, their “votes” are always predictable, and well in advance. You think it’s surprising that Kagan voted with the majority? The Wise Latina? The Over The Hill Bag? Breyer? These are the partisans on the Court, never an original thought, just puppets on a string.


13 posted on 06/28/2012 2:00:34 PM PDT by A_Former_Democrat
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Comment #14 Removed by Moderator

To: Sopater

We don’t respect the Court, the Congress, or the President. So what? If the court suddenly needs to present itself like politicians, then we should give them term limits too. The only point of giving them lifetime appointments is to help them remain apolitical. Well, they’ve given that up, so lets limit the amount of time they can keep screwing up.

The Republican Media is suddenly in love with their new found “silver linings” from this case. Every pundit wants to invent their own silver lining. Boehner has scheduled a repeal vote for 7/9/2012. I’m betting that if the establishment keeps medicating itself with silver linings there will never be another repeal vote; not in 2012, not in 2013.


15 posted on 06/28/2012 2:00:44 PM PDT by Windy City Conservative (Kyle Smith)
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To: Meet the New Boss

Sorry folks—I’m beginning to think, more and more, that SOMEONE HAS SOMETHING on Roberts and/or someone in his family. And he’s being coerced. And, unfortunately, once you’ve given in to blackmail or coercion “they” own you.

This is all VERY sad for both Roberts and our country.


16 posted on 06/28/2012 2:02:25 PM PDT by House Atreides
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To: Responsibility2nd

You’re right on Krauthammer’s take on Robert’s decision. But I’m not sure you’re right on Romney. He’s already come out and said he would ask for revocation if elected. If he goes back on that, he nullifies his most important campaign promise. Even for Romney, I have trouble seeing that happen.


17 posted on 06/28/2012 2:02:44 PM PDT by bcsco
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Comment #18 Removed by Moderator

To: Responsibility2nd

“There’s only one way it can be overturned. The same way it was passed — elect a new president and a new Congress. That’s undoubtedly what Roberts is saying: Your job, not mine.”

That is ridiculous logic; it will be extremely difficult to overturn, and if already found constitutional then the overturning of it may be found unconstitutional - whether or not something is constitutional shouldn’t swing back & forth depending on how the political winds are blowing. Before anyone applies logic to this, consider what happened today: our government is no different than the Red Chinese government, and the “degrees” by which we were separating are fast disappearing. We have one-party rule, posing as two parties; it is an absolute hoax.


19 posted on 06/28/2012 2:03:24 PM PDT by kearnyirish2
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To: Meet the New Boss

Chicago Way.
“We’d like to have a quiet chat with you about what it would take to make you an offer you can’t refuse...”


20 posted on 06/28/2012 2:04:08 PM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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