Roberts' Ruling Took Guts

Townhall.com ^ | June 29, 2012 | Jonah Goldberg

[FrogMom]

“One will have to go on bended knee to a stupid federal bureaucrat, and convince him or her to allow it to be paid as an accepted treatment. “

Aren’t they already doing that? How many years does it take to get a drug or procedure approved by the FDA?

[Arm_Bears]

So let me see if I understand. . .

If the SC rules according to the Constitution, the result is biased and the image of the court suffers.

If, on the other hand, the SC invents law out of whole-cloth, the result is both wise and insightful, the image of the court is burnished, unicorns poop Skittles, rainbows come out of everyone’s a$$, . . .

[fatima]

Somewhere Hillary is laughing.She probably has a drink in her hand too.

[Sherman Logan]

Upholding the grand FR tradition of not reading the article before posting a reply since 2006.

[Meet the New Boss]

Yes it takes years and a billion dollars to get a new drug through the FDA.

In the future, add to that the cost of political contributions to the Democrats to ensure that bureaucrats will allow insurance to cover the new drug.

[arasina]

Roberts' Ruling Took Guts

Right. So did what Benedict Arnold did. Moron.

You might want to rethink your comment about Jonah Goldberg being a moron. Perhaps by reading the article you will come to realize that the headline relates to the ancient practice of "reading" sheep guts. Goldberg essentially agrees with you, dear.

[allmendream]

“If you want a friend in D.C. - buy a dog” Harry Truman

Maybe we should have gotten Roberts a dog. ;)

His new friends will praise his ‘statesmanship’ (A Judge should never be a statesman and have his finger in the political wind), his ‘leadership’, his ‘impartiality’ - for a day. Then if they don't like his next rulings - he will be back to being a fire breathing ideologue according to them.

[LibLieSlayer]

Roberts violated his oath of office and removed the rule of law and the Constitution as instruments to limit an all powerful government. He legislated from the bench and he put us into a post Constitutional era... it took a leftist ideological activist to make this decision... it had nothing to do with guts. He ruled exactly how he wanted to rule and he did it as every leftist, activist jurist has ever done before him. Reference my first sentence.

LLS

[Dr. Sivana]

That's all very interesting, but it leaves aside the real issue: None of those concerns are what was asked of the court.

Years ago, I had no use for Goldberg's writing. He used too many pop culture references and tried a bit too hard to be clever.

He has matured as a writer greatly. He is concise, expressing big ideas in a small number of words. This was a very good piece.

[cherry]

the Washington area is full of govt statists...they dominate the schools, the law offices, the good neighborhoods, etc...

Roberts let himself get manipulated...

either that or he was just a fake to begin with...

or evil....

or just stupid...

I don't know what reason is worse...

[cherry]

re read the article...sarcasm....like in “it took guts for Roberts to sit there straight faced and spout such insanity”

[wita]

I believe that by this now being a tax and therefore being subject to budget reconciliation Ried and the Dems CAN’T block it from comeing to a vote.

Interesting, but you will agree there is no such thing as budget reconciliation until the Senate decides to submit a budget. That is one of the major problems getting spending cuts. No budget or reconciliation for over 1100 days or so.

[Sans-Culotte]

I don't understand this line of reasoning. Roberts' limitation on the Commerce Clause was set forth in part III-A of his opinion.
But NONE of the four liberals joined him as to part III-A of his opinion.
So Roberts did not convince any of the four liberals that the federal government's power is limited under the Commerce Clause.
The four conservatives (including Kennedy for this purpose) DID agree that ObamaCare was invalid under the Commerce Clause.
So it was 5-4 on the Commerce Clause.
And if Roberts had NOT upheld ObamaCare under the taxing power, it would still have been 5-4 on the Commerce Clause.
So I don't see how anyone can say that Roberts "poisoned the well of the Commerce Clause for liberals."
If Obama wins and appoints another liberal, then it will be 5-4 that the Commerce Clause does NOT limit government power.
And in that day, the fact that Roberts upheld ObamaCare won't make a bit of difference.
The liberal justices did not believe the Commerce Clause limited the power of government before Roberts' bizarre action, and they do not believe it afterward.

Good summation. There is no "silver lining" to this. Roberts betrayed his own oath of office. Also, I see no reason to expect anything better from him in future decisions.

"Meet the new Souter, same as the old Souter".

[thirst4truth]

I’ve been listening to Bill Bennett’s show since 0500 this morning

Did you hear the couple of MD's that called in that are forming their own doctor groups that will not take patients in Medicare or Medicaid? Did you hear them talk about what might happen to their licenses if they don't take all patients on assistance and agree to the huge pay cuts that come with them?

And then the one doctor said it is all by design, in the bill it has language about new doctors that are being taught that their first allegiance is to the state not to their patients?

[GBA]

Roberts has the infection. He told us his court is not the place to go for Constitutional opinions.

What he said was, "You want "Constitutional"? You'd better start electing it. I won't do "Constitutional" for you."

In other words, if you want something done right, do it yourself.

[thirst4truth]

If he did it once he will do it again. I am afraid we have Earl Warren II.

For THIRTY more years!

[rockrr]

Sorry but they already tax us to fund abortions. They give money to Planned Abortionhood every year and turn a blind eye to how it is spent.

[New Jersey Realist]

The severe limitation of the commerce clause and the striking down of the Medicare imposition on states ripped the real guts out of Obamacare, while upholding the tax puts it back in the hands of Congress (where it should be) and allows us with reconciliation to eliminate it. Obviously, Obama will veto, and obviously, then, nothing will be funded.

That is the sheer genius of it!

[dfwgator]

Roberts' Ruling Took Guts

It sure didn't take any brains.

[Sequoyah101]

Yes, I did hear it. Bennett has one of the best little known shows on the air.

It is all about control isn’t it?