Posted on 07/02/2012 5:06:03 PM PDT by lyby
Chief Justice John Roberts has handed a remarkable victory to American conservatives by threading the judicial needle with perfect precision. The initial disappointment collectively felt by Americans who had hoped for a Supreme Court ruling that would overturn Obamacare soon will be replaced, upon further reflection, by the excitement that will come with a fuller appreciation of what the Chief Justice has wrought.
Read more: http://www.americanthinker.com/2012/06/the_chief_justice_done_good.html#ixzz1zVtA34HQ
(Excerpt) Read more at americanthinker.com ...
I am not a lawyer, but I can see a multitude of lawsuits coming out of this decision that may keep Obamacare in courts for years to come.
My decision is to keep my powder dry and wait for chips to fall.
I don’t give him that benefit of the doubt. He was put on the court to wait for a moment to step up and save the statist momentum.
What Roberts was supposed to do is determine whether the law was constitutional. If he did anything else, then he violated his oath of office, to the country’s great detriment.
I fear that he was somehow convinced that the credibility of the Supreme Court would be undermined if he did his job. The left would have said “how can it be that nothing Obama is doing is constitutional?” or some variation of that. If Roberts had some idea of “compromise” on his mind, or of “saving his political capital for bigger fights,” then he has totally destroyed his credibility. He has shown that he can be rolled by a few nasty editorials from the New York Times. The other side will just pass twenty horrifically unconstitutional laws, and then plead with Roberts (through the media) to be “non-partisan” and allow at least a few of them.
To me, Roberts seems a very, very weak and craven man.
References to Pontius Pilate seem very appropriate.
I take Mark Levin understanding of this Roberts POS over this moron tooth fairy understanding any day. There is no good in this decision there is no limitation on the commerce clause and new limitless taxing powers implied. This article isn’t worth wiping Roberts ass with.
If you really want to understand this matter dial into Mark or hit his web. You can down load the last few days of his program.
This guy writes this stuff one week after Obama kicked Arizona in the butt. Does he think the feds can't play hard ball with the States in countless other ways?
It is not John Roberts' job to place items on the political table. It is John Roberts' job to correctly interpret the United States Constitution.
It's inarguable that he failed to do this. Calling any part of this monstrosity Constitutional is an open-handed slap to the face of any of the Framers.
Vivat Imperialis Washington
Some people get excited when the get a gold colored turd for Christmas.
If this was Roberts' Machiavellian plan, and this adjunct professor thinks he can explain it conclusively to a bunch of internet dumbos, why is it that Roberts was unable to provide a coherent explanation to his learned colleagues when confronted by Justice Kennedy?
The GOP could win it all this Fall only to go weak in the knees in 2013. We've seen it before so why should we expect anything different this time?.
Let’s look at this rationally. If the commerce clause has indeed been slapped down, this is likely far bigger victory than just defeating Obamacare.
With the advent of the New Deal, the powers of the federal government expanded into new realms: the regulation of in-state industrial production and worker hours and wages, that state activity was commerce if it had a “substantial economic effect” on interstate commerce or if the “cumulative effect” of one act could have an effect on such commerce.
Literally, if an elevator operator in a high rise building *might* transport someone from out of state, his job could be regulated by the federal government.
The Civil Rights Act of 1964, which outlawed segregation and prohibited discrimination against African-Americans, was passed under the Commerce Clause in order to allow the federal government to charge non-state actors with Equal Protection violations, which it had been unable to do up to that point because of the Fourteenth Amendment’s limited application to state actors.
The Supreme Court found that Congress had the authority to regulate a business that served mostly interstate travelers, and also ruled that the federal civil rights legislation could be used to regulate a restaurant, though most of its customers were local, because the restaurant served food which had previously crossed state lines.
US agriculture has been effectively nationalized since the New Deal, and much of that was done under the auspices of the commerce clause, even if what farmers produced was consumed entirely within a state. The federal government, in one Supreme Court case, was allowed to prohibit a farmer for growing wheat on his land for his own use.
Why do manufacturers have to sell low flush toilets and light bulbs that don’t work? Because if the ICC. A huge amount of federal intrusion into our lives and the products and services we buy is because of the ICC.
If indeed John Roberts has killed that monster, he may not only have shot down Obamacare, but taken out much of the last 70 years worth of progressive agenda.
Let us all hope so.
I read the article in its ENTIRETY and found I wasted my time. It is identical to what has been written and spoken from 200 sources.
To wit:
Brilliant Mr. Roberts crushed the Commerce Clause and then helped Conservatives rally the troops for November, leading to an almost certain president Romney.
And like the other 200 sources, it is flat WRONG.
The treasonous idiot Roberts has created a massive new Congressional taxing authority on INACTIVITY out of whole cloth.
Don’t you have a clue why this ruling is so dangerous?
Furthermore, had he struck down the entire law in accordance with Kennedy’s opinion, he still could have written his ruling opinion about the Commerce Clause identically.
In other words, if he joined the 5 Conservatives to overturn Obamacare as unconstitutional, he could have offered his Commerce Clause opinion identically, and still insured that Obamacare is not the law of the land.
Furthermore, it is NOT THE JOB of the USA Chief Justice to drive voter turnout in either political party. It is not.
It is his job to insure that the members of his court adjudicated cases on the merits of the supreme law of the land, the US Constitution.
In this, Benedict Roberts failed miserably, abdicated his duty, sold his soul, and assisted in the rapid destruction of our once free nation.
“PLEASE read the ENTIRE commentary!”
I did.
“It is understandable that most Americans, who are not law school graduates, do not think in these terms, nor do most pundits outside the legal community who interpret news. However, attorneys and certainly law professors get it.”
I’m a lawyer. I have an undergraduate degree in political
science and a masters in public administration. I get it.
After giving this article more consideration than it
deserved, my considered opinion is, “We got boned.”
On first down.....
Brilliant.
That is the single best evaluation of Benedict Roberts’s treason that I have yet read.
Thank you. Every syllable of that read was exactly dead spot on. Sowell nails it again.
THANKS. Not that it makes this dagger plunged in my back and sticking out through the front of my heart any less painful, of course.
b___s___!
I agree...it makes sense....
I would add that the political gain is for one brief cycle. The damage done will be forever as long as the USA is a nation.
Not a good trade. Benedict Roberts sold his soul to the enemies of liberty.
It's up to you to get to the voting booth....And that means rocking your state, too.
We're dealing with Bloomberg and a bunch of communists in NYS.
Most Americans think more in terms of benefits: what does the law give me and mine. It will be years before they have to pay for them.
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