Posted on 06/28/2012 6:54:37 PM PDT by Alberta's Child
Upon further review and discussion here, I've concluded that the majority opinion of Chief Justice Roberts in the ObamaCare case was exactly what this country needed. He effectively took the heap of crap that had been dumped in the halls of the U.S. Supreme Court and tossed it right back out where it belongs: in the homes and businesses of every U.S. citizen who has allowed this bunch of fools in Washington to govern us this way.
Think of it, folks ... Any obligation of the U.S. Supreme Court to deal with this idiocy went out the window the moment that dingbat Nancy Pelosi stood up on television and said: "We have to pass the bill to see what's in it."
If I were a Supreme Court justice, I wouldn't spend 30 seconds of my life reading a single legal brief in a case involving a Federal statute that was passed even though the Speaker of the House of Representatives didn't even read the damn thing before voting on it.
On top of all that, just consider this: There were 28 states that filed legal challenges to ObamaCare, either individually or jointly. How can 28 states file legal challenges to a Federal law that was passed in the U.S. Senate by a 60-39 margin? If I'm sitting on the Supreme Court and the Attorney General of, say, Pennsylvania (which is one of these 28 states) comes in for oral arguments in the case, my first and only "question" would be: "If you have such a problem with this Federal statute, why don't you take it up with Bob Casey, Arlen Specter and those nine House members in your state who passed the damn thing ... along with the idiots in your state who cast their electoral votes for that jug-eared Kenyan nitwit in 2008?"
Harry Reid took a House bill that had nothing to do with health care, stripped out all of the language, and turned that into the ObamaCare bill.
Really, this has been covered before. Really.
That was my first thought (after OH Shit) when I heard the decision. But many here and I’m sure other pundits were quick to shoot that theory down.
The Roberts reply, too me, seemed like a scathing rebuke to whoever wrote this steaming pile of crap, the Affordable Care Act. Not just wrote it but passed it. And that would be the Dems. So, it’s their baby and now they’ve got to defend the biggest tax increase in history. Not only that but Roberts made it much easier to repeal.
I’m sure with just a very little research that anyone who wants to know will find that the bill did originate in the Senate. As I remember the House didn’t even vote on the Bill.
Why did Roberts vote WITH Kagan, Sotomayor and Ginsburg? Sorry, I’ll stand with Scalia, Alito and Thomas.
So he could write the opinion. (He out ranks them all.) It was a situation of “give em what they want, while exposing the fraud. Do you think Kagan, Soto or Ginsburg would have exposed the TAX, the fraud and turned the power back to the congress and therefore the people?
You’re not seeing the forest for the trees.
What I see is that Roberts had the chance to kill it dead, and he didn’t do it.
The fact that it’s a tax and it originated in the Senate makes it a slam dunk that it (obamacare) gets repealed, thrown out, overturned or whatever. It gets cover for Republicans cause the Lib Justices are on the same side as Roberts. It was ruled a tax because it is a tax. Just like plaintiff lawyers argued.
Roberts said “it is not our job to save the people from the ones they elected” or something very similar to that. What a campaign ad that will make. Run it everytime you have airtime.
Was Roberts decision right under the law? Probably not. But the reason, I believe, was the disrespect shown by Obama to the court.
Obama in a very short time will realize he has just been screwed. Roberts said, in effect, up yours. Was he right to do so? Again probably not. His ruling will make it much easier to get rid of this monstrosity. It may have been the only way.
HE REWROTE THE LAW TO MAKE IT CONSTITUTIONAL!!!! What part of this don't people here get? It was the highest form of Judicial Activism I've ever seen.
DOn't shot the messenger!
Repeating the truth over and over again doesn't make it true. Oh wait, yes it does. You're doing a fine job. Thumbs up!
But everybody here is telling me how unpopular ObamaCare is, so why would that even matter?
It is not Roberts’ job to try to influence elections...his job is to interpret the law...THAT’S IT!!!! The SCOTUS needs to stay out of politics.
I saw this post on another blog...........
Here’s what really occurred — payback. Yes, payback for Obama’s
numerous, ill-advised and childish insults directed toward SCOTUS.
Chief Justice Roberts actually ruled the mandate, relative to the
commerce clause, was unconstitutional.
That’s how the Democrats got
Obama-care going in the first place. This is critical.
His ruling means
Congress can’t compel American citizens to purchase anything. Ever.
The notion is now officially and forever, unconstitutional. As it should be.
Next, he stated that, because Congress doesn’t have the ability to mandate, it must, to fund Obama-care, rely on its power to tax.
Therefore, the mechanism that funds Obama-care is a tax.
This is also critical. Recall back during the initial Obama-care battles, the Democrats called it a penalty, Republicans called it a tax.
Democrats consistently soft sold it as a penalty. It went to vote as a penalty.
Obama declared endlessly, that it was not a tax, it was a penalty. But when the Democrats argued in front of the Supreme Court, they said ‘hey, a penalty or a tax, either way’. So, Roberts gave them a tax.
It is now the official law of the land — beyond word-play and silly shenanigans.
Obama-care is funded by tax dollars. Democrats now must defend a tax increase to justify the Obama-care law.
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.
Liberals, through Obama-care, basically said to the states — ‘comply with Obama-care or we will stop existing
funding.’ Roberts ruled that is a no-no.
If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government can’t penalize the state by
yanking other funding. Therefore, a state can decline to participate in Obama-care without penalty.
This is obviously a serious problem. Are we going to have 10, 12, 25 states not participating in “national”
health-care? Suddenly, it’s not national, is it?
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.
Although he didn’t guarantee Romney a win, he certainly did more than his part and should be applauded.
Read what I wrote. We’re saying the same thing only reaching a different conclusion. The original House bill (HR 3962) passed the House but was completely restructured in the Senate and their bill became the Patient Protection and Affordable Care Act (HR 3590).
HR 3962 (original bill) should have been amended by the Senate then sent back to the House for reconciliation, but never was. The House later adopted HR3590 (the rewritten, separate bill) that originated in the Senate. The House used the reconciliation process in amending HR3590, but it should have been the other way around.
The point is, the democrats used improper procedures in getting this legislation passed. On top of the fact they obscured everything by rushing it through, insisting on it not be read before the vote. The whole thing was a big head fake.
Really? What part of the law did he rewrite? He just said it was a tax. And taxes must originate in the House. The bill as written originated in the Senate. I know some say no. I say yes. And the Republicans will say yes. And the Dems with all their machinations getting this passed said yes at the time. Now of course, they will say no, and look like a bunch of kooks and liers.
For everything there is a season and a purpose.....
You play chess? Ever study war games? Sometimes you sacrifice a pawn to win the game.
Freepers are on the rule not very patient, BUT there are new dawns breaking every morning...and being a country girl, there IS more than one way to skin a pole cat......
IMO the CJ is one of the few in DC that actually has a pair. History will prove him right in this move.
IOW.....The games not over till Soto sings!
Then why wasn't it thrown out for that reason?
I’ll stand with Scalia, thank you very much. He got it right, Roberts got it wrong.
Maybe b/c the tax hasn’t been implemented yet? I can’t remember the court case, but some 1870s decision says that a tax can’t be challenged in court until it’s been implemented.
Taxes cannot originate from the Senate....Point of Order!
Why wasn't it thrown out right then and there, you mean to tell me that the SCOTUS didn't have the power to do that?
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