Skip to comments.The Chief Justice's Gambit (Not as bad as we think??)
Posted on 06/28/2012 2:37:54 PM PDT by Hojczyk
But I think if you scratch the surface here, Roberts embarked upon a gambit much like Marshall did 200 years ago. For the results-oriented -- which is to say, most observers on both sides who have been ranting about the Constitution for the past few months -- this is a clear win for the Obama administration, at least in the short term. By removing most legal impediments to the implementation of the law, the odds that the presidents signature legislation will eventually be implemented have risen.
1. The law still has a good chance of not being implemented.
2. Doctrinally, The Federalist Society got everything it wanted.
But judicial conservatives who are not just concerned about the outcome got more than they could have reasonably hoped for. Doctrinally speaking, this case will likely be remembered as a watershed decision for conservatives.
Five justices just signaled to lower courts that, but for the unique taxation power argument, they were prepared to rule that a major act of Congress that plainly touched upon economic activity exceeded Congress commerce powers. Right now, liberals are seemingly too busy celebrating their win, and conservatives bemoaning their loss, to realize the significance of this.
3. The chief justice has built up some political capital.
Roberts has basically done what John Marshall did: Insulate the court from criticism of bald partisan bias and infidelity to, as he once put it, calling balls and strikes. Hes earning plaudits from the left. Though the right is grumbling, I suspect they wont be doing so for long
4. This matters in the long run -- a lot.
All told, it is easier for the conservative wing of the court to make some significant rulings in some other policy areas.
(Excerpt) Read more at realclearpolitics.com ...
I think this guy has to much hope....but with out hope what???
bottomline - Elections matter
Why was Obamacare pushed forward so early in his presidency? I’ll tell you why. The feds have had 2 1/2 years to begin implementing it. The underlying foundation is there, and it’s too late to undo it. That’s what they were counting on.
As soon as it was passed, a friend of mine whose family owns one of the biggest companies in the state said their HR people were called in to a meeting within a week of the bill’s passage and given instructions for its initial implementation.
Here’s the flaw in the Roberts-cut-down-the-Commerce-Clause meme - it is entirely dependant on other judges interpreting the law that way. Liberal judges won’t. One thing can be said for lib judges, the left can always count on their vote no matter what. Too bad we can’t say the same thing about our so-called conservative judges.
Bottom line: Electing RINOs like the Bushes is a disaster.
I don’t exactly follow this.
He says that doctrinally conservatives got a restriction on the commerce clause.
But they would have gotten that as well if he had just sided with the 4 good guys/dissenters, and wrote a strong opinion.
This will be a long, hot summer. There are new unemployment numbers due next week. This decision only adds more depression to unemployment. Who will be left to pay for this trillion dollar Obamination?
The cloak of fraud that allowed this monstrosity to be concealed under Interstate Commerce is stripped away. It is now the most gigantic tax increase and government rule that has been hoisted on the public, ever.
The liberals forced this through under a cloud of Hopey Changey, Stimulus, Bailouts and all the liberal crap that added $5T to the debt. Meanwhile we have more people out of work than before this disaster passed. If we can’t turn this into an electoral repeat of 2010 and take the presidency, nothing will get us out of it. Time to fight - that is the result of this decision!
It’s over, they won, we lost. People can’t face reality so they are trying to spin this as some kind of “win” for us....there is no “win” here.
Fair, honest....(or otherwise).
based upon what i have read, the sledgehammer that the libs have been using against us since rooselvelt has been reduced to a one ounce nail tack..
they can no longer use the commerce clause, or that other feel good clause to ramrod their agenda through,,
they will have to spell it out clearly, and we all know libs are deathly afraid of the light..
roberts got it right with arizona..
it would appear he just struck a death blow to the libs...
I will be reading the entire ruling tonight, but based upon the first 4 pages, constitutionalists win, socialists and libs lose, BIG TIME
It would have been better just to cram the whole thing down their throats. obamacare is unconstitutional, and by the way, the commerce clause is restricted.
He had the votes to do that.
To suggest that he has some brilliant master plan is just reaching. Psychologically, I understand it.
But it seems wrongheaded to me.
(A lot of us were wary of Roberts the day he was appointed, even though we were glad to see Harriet Meirs gone. He showed some initial promise, surprisingly, early on. But when it counted, like this week, he has turned into Earlwarrenwilliambrenondavidsouter all over again.)
From what I understand ( and that aint much), the bill says “Penalties”, now Roberts says it can’t be a “Penalty”, but it can be a “Tax”. Does the bill have to be corrected and voted on once more?, and if not why not ?
And isn’t there some special procedures a “tax” bill has to under go??????
Your humble Freeper
It doesn't matter that the court said that the commerce clause has limited power because the court also said that taxation IS unlimited power.
I would be willing to wager they are the same ones bashing him today.
Five Just-uses have signaled that the federal government can impose anything it wants on American citizens and use it "taxing power" to turn us all into serfs.
He also, has created a new definition of what a tax is- which used to be solely for revenue raising. This definition will be used widely and wildly by the left to impose it will on Americans and the lower courts will ratify the left by pointing to this decision.
Roberts fate is sealed forever. No matter how many times he nominally votes conservative in the future, this insidious treachery will define him forever.