Skip to comments.In Health Care Ruling, Roberts Steals a Move From John Marshall's Playbook [Comments Please!]
Posted on 06/28/2012 4:23:55 PM PDT by SoFloFreeper
There are eerie parallels between today's decision and a legendary case from Thomas Jefferson's time.
Earlier today, the Supreme Court, by a narrowly divided vote, upheld the individual mandate, a key component of President Obama's signature piece of legislation, the Patient Protection and Affordable Care Act. Obama supporters are letting out a collective sigh of relief, as most observers expected the mandate -- and possibly the entire Act -- to fall after the oral argument. Conservatives are conversely upset that Chief Justice Roberts -- the deciding vote in the case -- snatched defeat for conservatives from the jaws of victory, given that there were four votes to strike down the Act in its entirety.
(Excerpt) Read more at m.theatlantic.com ...
Frankly, I just wish Roberts had ruled with the conservatives...but Epps has a good case here for Obama being "boxed in" just like Jefferson was by Marshall.
I am still in shock. Could I still be asleep and this just a bad dream?
Basically Roberts said you get the govt. you elect ,, blame yourselves not me . Maybe he’s suggesting we need a change .
I urge you to read the piece....some fascinating historical analysis and an interesting parallel.
Sorry. You guys are looking for some underlying reasoning behind Roberts decision. The truth is all he’s done is give the Federal Government to power to tax all of us by selecting certain groups of people to punish via the IRS. This is the power to tax any behavior we take or do not take. For anything we purchase or choose not to purchase. For absolutely anything at all. There is nothing objective about this. He stated that the Federal Government had unlimited power to tax us for whatever reason they wanted.
And they do not have to tax us all equally. they can pick and choose whomever they choose to tax.
I’m worried it will take a constitutional convention to correct this evil action on Roberts part. He knew exactly what he was doing. The Feds. will never pass laws to limit their own power to tax now. We are worse off than we were before our first revolutionary war.
Roberts may be crazy like a fox.
This position is nonsense. Roberts didn’t really gut the commerce clause, he eliminated the necessity of using it a a basis for jusrisdiction for any law the Fed. Government wants to pass. From now on congress can pass any law they want just by adding a massive tax for non-compliance. That way they will base jurisdiction on Federal taxing authority rather than the commerce clause. This a massive extension of Federal power and scope.
The States will gather again and sue the Feds for taxing inactivity now that the commerce clause doesn't apply. Roberts redefined it. Now the States can reformulate their lawsuit.
Absolutley correct, the gullibility here is astounding.
Maybe he's a Commie bastard.
I guess he wanted to go to cocktail parties and be popular.
And there’s not a thing we can do about it.
Robert’s poops rainbows and unicorns.
People are delusional. Alito, Scalia, Thomas and Kennedy got it right.
Roberts sold you all down the river.
“Absolutley correct, the gullibility here is astounding.”
I know. It’s amazing.
So they turn up the heat full boil. The frogs scream for a few minutes. Next thing you know they are talking about how it’s not so bad.
Boiling Frogs. They don’t have a clue.
The jury is still out for me as I access Robert’s decision. Clearly, obamacare is far reaching by requiring individuals to purchase health insurance. This law clearly violates the Constitution. But Robert’s called the mandate something obama/democrats never wanted said. This is a tax on Americans! And, since Congress has the right to impose taxes then obamacare can stand. Now, democrats have to stay of defense trying to convince Americans, who mostly hate this law, why it isn’t a tax. Voters only have to defer to the Robert’s ruling and tell the democrats they are full of cow turd. The other positive, regarding a defenseless argument that this isn’t a tax, is it gives Romney a message. The lack of obama leadership, the terrible economy, deficit spending, the spread of radical islam all stem on this idiot in the WH wanting to control as much of our economy without regard for consequences domestically and internationally.
My state will flip a Dem to Rep Senator in November. Come on you folks in the other 56 states...do it, too!!!!!
0 and the dims won’t explain anything; they will simply ignore that part, and so will the lamestream.
And the rest of America will say, "That's that!" and go back to watching American Idol.
Unfortunate, but true. Bread and circus’s.
I tend to agree with this somewhat.
Work with me, this is a difficult Machiavellian concept I’m trying to elaborate on here, and I’m not that smart.
Looky here. Had Roberts shot down BeeHOe’s health care, what would the petulant man-child Obama do but what he has done before: Obama would IGNORE the decision and find some convoluted end run around it, thereby making the SCOTUS and any of their subsequent decisions totally NOT RELEVANT.
That would be a Constitutional Crisis of great import.
Like Rush has said, the tyrant would campaign against 4 white guys and an Uncle Tom who snatched free health care out from under their noses. In the ‘stupid’ community, this would be a REALLY big hit.
Now, if Roberts is as smart as I think he is, (hope he is) he would foresee this tyrant’s chess moves in advance, and try to circumvent them.
I think Roberts KNOWS that he has just energized the population like nothing ever seen before. (70%) And that energy is the ONLY thing that will defeat a tyrant like BeeHOe.
He has petted the tyrant, slipped the tyrant’s only campaign issue out from his hand, and handed a card named fury to the 70% who hate obamacare. Also, the tyrant CAN’T rail against a judiciary that just handed him a victory.
And the tyrant is too narcissistic to realize that by allowing himself to be stroked, he has actually lost the game.
Remember Mark Antony, when he began his speech, the mob wanted him dead. When he ended his speech, the mob wanted the whole Senate dead.
Now, I only hope that Judge Roberts is as smart as I think he may be. But then again, I’m just pig farmer from the backwash of Pennsylvania.
What the heck do I know?
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