When GOP-Appointed Court Picks Become Darth Vaders

IBD Editorials ^ | June 28, 2012 | Editor

[Kaslin]

Separation Of Powers: Chief Justice John Roberts, a George W. Bush appointee, chose the case of the century to turn to the left. The lesson is loud and clear: Only elections can stop Big Government.

In the coming weeks, the Supreme Court's monumental 5-4 decision preserving ObamaCare will be parsed and picked to death by everyone from constitutional scholars to irate Tea Party activists. But however extensive the faults within the chief justice's ruling are, it's right on the money in issuing this warning to the nation:

"It is not our job to protect the people from the consequences of their political choices."

As explained in today's lead editorial, Roberts, who with the two Clinton-appointed justices and the two Obama appointees held that the Patient Protection and Affordable Care Act is constitutional, fell down on the job by refusing to defend the Constitution against a power grab by the other branches of the federal government.

How wrong we in the 21st century now know Alexander Hamilton was in assuring Americans that of the three branches of government, the judiciary "will always be the least dangerous to the political rights of the Constitution," with "neither force nor will, but merely judgment."

For months, it was unjustifiably assumed that the high court would deal a huge blow to the president this election year. Instead, far from receiving "merely judgment," Obama has been given a huge political boon just when he needed it.

[Political Junkie Too]

The record is four times, Romney switched, supporting Abortion, the last, putting abortion in Romneycare.

As Don Rumsfeld once said, "You go to war with the army you have, not the army might want or wish to have at a later time."

We have what we have. We have to make the best of it.

-PJ

[ngat]

Not from states that don’t.

[kevao]

There is nothing in today’s ruling that would prevent the government from sending federal dollars to any state to help it pay for the implementation of ObamaCare.

[Political Junkie Too]

It does not matter if it is on the federal, state or local level, both ObamaCare and RomnetCare are Socialized Medicine.

So repealing Roe v. Wade doesn't matter? It won't stop abortion, but it will put it back to the individual states to decide for themselves.

How is that different from socializing medicine at a national level vs. letting individual states decide for themselves?

This really ties back to the dissenting opinion from the immigration ruling the other day -- why don't we just stop referring to "sovereign states" from now on?

-PJ

[ngat]

Because there are states where a majority of citizens do want it. At least they think they do, but they won’t when they find out how much it costs them, and how it will cost them in the lower quality of medical care they get. The ruling forces them to recognize those costs. If he just killed it, these leftist states would never get the chance to find out for themselves and learn from their mistake.

[ngat]

“There is nothing in today’s ruling that would prevent the government from sending federal dollars to any state to help it pay for the implementation of ObamaCare.”

There doen’t need to be.

Under the U.S. Constitution as amended by the Sixteenth Amendment, any federal tax that is a “direct tax” (which is not an “income tax”) must be apportioned among the states in accordance with the respective populations of the various states. Since the apportionment requirement can only apply inequitably across the nation, the correct labeling of any federal tax (other than an income tax) as a “direct tax” amounts to the proverbial “kiss of death,” as no such tax will be enacted.

[kevao]

Tax revenues are not “apportioned among the states in accordance with the respective populations of the various states” today. Every time some pork project bridge is built in one state and not in another, there is unequal apportionment.

[Flag_This]

"If he just killed it, these leftist states would never get the chance to find out for themselves and learn from their mistake."

I understand your theory, but being a liberal means never learning from mistakes.

[ngat]

You just forgot the distinction between income taxes and direct taxes in your example.

[kevao]

You just forgot the distinction between income taxes and direct taxes in your example.

Money is fungible. So it is a distinction without a difference.

[stpio]

-PJ,

So many let downs, maybe God is going to bring someone
new on the scene? Maybe He is going truly change Romney’s
heart.

keep praying for the good come November,

[Impy]

I didn’t even know he had epilepsy. Maybe his brain is fried.

I’m sure epilepsy advocates and suffers would say that’s a “bigoted” notion.