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The Roberts Trap Is Sprung
American Thinker ^ | January 2, 2014 | Bill Dunne

Posted on 01/03/2014 4:49:02 PM PST by Kaslin

One of the most overlooked aspects of the year just ended is the vindication of Chief Justice John Roberts -- a vindication that showed up as the national catastrophe known as ObamaCare got rolling. Roberts may have also doomed Hillary Clinton's chance to live in the White House again.

The chief justice, an appointee of President George W. Bush and reputedly a constitutionalist in his jurisprudence, set his diabolical trap (diabolical to Democrats) on June 28, 2012, when he joined with the four liberal justices on the Supreme Court to uphold the constitutionality of ObamaCare. Conservatives and Republicans across the land were apoplectic. But in hindsight, it appears that Roberts actually saved the Republican Party from going into a death spiral and imperiled the Democrats instead. This suggests amazing foresight, but it wouldn't be the only instance.

For example, Tevi Troy, a scholar at the Hudson Institute, made a remarkable prophecy a year and a half before the Court's decision. It was soon after the November 2010 midterm elections, in which Democrats in Congress and in state legislatures suffered huge losses. In an article in Commentary magazine, Troy wrote:

The Pyrrhic victory Democrats secured for themselves [when President Obama signed the Affordable Care Act into law] may prove not to have been a victory at all but rather an ever-roiling, ongoing, and recurring act of political and ideological self-destruction.

How's that for prescience?

When the Supreme Court ruling came down, a shocked conservative historian, Paul Rahe, cited as a cause the PR pressure that President Barack Obama had been exerting on the Court in the fevered weeks leading up to the decision. It was "an act of judicial cowardice," he fumed. But then he added, "There is, I am confident, more to it than this."

(Excerpt) Read more at americanthinker.com ...


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: abortion; aca; bhoscotus; billdunne; bsarticle; chiefjustice; courtpolitics; deathpanels; idiocy; izzydunne; johnroberts; judicialpolitics; lawsuit; lunacy; obama; obamacare; politics; roberts; robertscourt; robertsobama; scotus; stupidlogic; whatacrock; zerocare
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1 posted on 01/03/2014 4:49:02 PM PST by Kaslin
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To: Kaslin

I will grant the author the possibility on every point except for one.

The act as passed is unconstitutional. Chief Justice Roberts should know that his job is like that of an umpire, calling balls and strikes. Leave the politics for the other branches.


2 posted on 01/03/2014 4:52:39 PM PST by Dr. Sivana (Five years, my brain hurts a lot.)
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To: Kaslin; zot; Interesting Times

This is a quite interesting article. It is worth the few minutes needed to read it.


3 posted on 01/03/2014 4:53:11 PM PST by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: Kaslin

Ping please. Thanks.


4 posted on 01/03/2014 4:54:07 PM PST by Tucker39 ("Having their conscience seared with a hot iron.")
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To: Kaslin

Pure horse feces. All this talk about how Roberts did this so “Well, now the sheeple can wake up!” is bogus. Once a law is enacted, it will stay enacted and now the calls for single-payer is starting. Roberts could have killed this, but those Irish children of his...


5 posted on 01/03/2014 4:54:13 PM PST by Extremely Extreme Extremist
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To: Kaslin

Typical bellybutton gazing BS.


6 posted on 01/03/2014 4:56:06 PM PST by Track9 (hey Kalid.. kalid.. bang you're dead)
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To: Extremely Extreme Extremist

I agree

Reminds me of the old rove you magnificent bastard talk here

Or the pure genius of Palin never saying “when”

And so on


7 posted on 01/03/2014 4:56:27 PM PST by wardaddy (wifey instructed me today to grow chapter president beard back again....i wonder why?)
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To: Kaslin

No excuse.


8 posted on 01/03/2014 4:56:44 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: Kaslin
Law rewritten on the bench has seldom had such a glaring example. In effect, Roberts single-handedly forced all Americans to face -- up front and personal -- the epic political malpractice that is ObamaCare. "It is not our job," he added, "to protect the people from the consequences of their political choices." Wow. Tough love.

Nice to see the alternative view, for a change. There was a time when conservatives believed in legislative discretion (however bad it is).

Not trying to start a fight (I haven't read the decision, yet--my fault).

9 posted on 01/03/2014 4:57:55 PM PST by 1rudeboy
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To: C. Edmund Wright

Interesting article and analysis ping ...


10 posted on 01/03/2014 4:58:37 PM PST by Servant of the Cross (the Truth will set you free)
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To: Dr. Sivana

The USA is destroyed, but boy it sure makes the Dems look bad - oh, I feel better now.


11 posted on 01/03/2014 4:58:39 PM PST by jacknhoo (Luke 12:51. Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: Extremely Extreme Extremist
Once a law is enacted, it will stay enacted...

Yeah, just like the Dred Scott decision and Prohibition.

Oh, wait...

12 posted on 01/03/2014 4:59:41 PM PST by Tonytitan
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To: Kaslin

Screw the author of this article, and his psychopathic need to excuse Roberts.


13 posted on 01/03/2014 5:00:10 PM PST by ClaytonP
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To: Kaslin

I’ll come back and read this later, but there’s no lipstick applicator big enough to cover the Robert’s makeover for the Obamacare pig.

The man will forever be known for bending himself into a pretzel to grease the skids for Obamacare.

All he had to do is listen, and strike it down. It was unconstitutional. End of story...

The Obama administration argued that the fees were not new taxes, because they knew it couldn’t stand on that argument. So what did Roberts do? He declared the fees new taxes and approved the thing.

This was a uniquely ignorant thing to do. The clues were there. The Obama administration handed him his out. He completely muffed it.


14 posted on 01/03/2014 5:01:15 PM PST by DoughtyOne (ZERO is still zero!)
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To: Kaslin

So, CJ Roberts was helping us all by teaching the kids (the voters) that playing with fire (voting for Democrats) will burn you.

Sounds like CJ Roberts fans are attempting to re-establish his conservative credentials.

I will take whatever lesson we can learn from this. My family had to switch plans just this week due to OBAMACARE.


15 posted on 01/03/2014 5:01:22 PM PST by vg0va3
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To: Kaslin

for later


16 posted on 01/03/2014 5:01:41 PM PST by Doctor 2Brains
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To: Extremely Extreme Extremist
‘Pure horse feces. ‘
Sort of like the spin that I hit his fist with my nose.
Now, despite the contorted written opinion of Mr. Roberts on the Obamacare fiasco, the flacks of the government that are paid by the Mainstream Media are trying to cleans the ideological filth from Mr. Roberts.
Mr. Snoweden has the relevant emails.
TWB
17 posted on 01/03/2014 5:02:42 PM PST by TWhiteBear (Sarah Palin...The Flame of the North)
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To: Kaslin

OH NOOOOOOOOOOOEZ

Not Girlfriend ...

what to do what to do...


18 posted on 01/03/2014 5:03:55 PM PST by Tennessee Nana
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To: Kaslin

bm


19 posted on 01/03/2014 5:04:10 PM PST by Vision (Tune out, drop back)
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To: Extremely Extreme Extremist
Gee who is this Roberts butt-boy write? In two sentences Roberts:

* set his diabolical trap to Democrats)
* doomed Hillary Clinton's chance to live in the White House
* saved the Republican Party from going into a death spiral
* and imperiled the Democrats instead

Paul Bunyan of the Supreme Court. Or something.

20 posted on 01/03/2014 5:04:31 PM PST by Swanks
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To: Kaslin
"...cited as a cause the PR pressure that President Barack Obama had been exerting on the Court in the fevered weeks leading up to the decision."

Have NSA (or Snowden) release all of the transcripts of the phone calls between the administration and Supreme Court/staff and I might be more incline to accept the argument.

21 posted on 01/03/2014 5:05:12 PM PST by Portcall24
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To: Kaslin
From the article....

Imagine, though, if the chief justice had opined as everyone expected him to and joined with Scalia, Sam Alito, Clarence Thomas, and Anthony Kennedy (ironically the swing vote whom ObamaCare opponents were most worried about) to guillotine the law then and there. The reduction of Mr. Obama's "crowning achievement" to just a gigantic waste of time when a dismal economy was begging for attention might well have cost him his re-election five months later.

I DO imagine this...every single day.

Howls of outrage would have erupted from every Democrat/leftist stronghold -- from the White House to Congress, from Hollywood to academia, and of course from the establishment media. The din would have been relentless. The smearing of small-government Republicans as selfish meanies would be easy as pie and more effective than ever.

So what? Who cares about the "howls of outrage" from the Dims...We the People are stronger than them. We proved that with the Chic Fil A Day, and more recently, with the Phil Robertson wave of support.

Nancy Pelosi would be speaker of the House again after next November's mid-term elections. Harry Reid would certainly remain as Senate majority leader. President Obama would be striding mightily across the national stage. His promised fundamental transformation of the United States of America would continue. Hillary Clinton would be a shoe-in for the White House in 2016. And "single-payer" -- full-bore socialist medicine -- would be a slam-dunk. HillaryCare redux.

I'll have to respectfully disagree with the author on all of this paragraph - I think he's wrong, wrong, wrong on the Pelousy, Dingy, 0bammie and Billary "shoe in" projections.

Perhaps worst of all, from Roberts's point of view, the Court's great prestige would suffer. Left-leaning historians, which means most historians, would be lumping the Court's killing of ObamaCare with Bush v. Gore and Citizens United to paint the Court as a right-wing political operation.

So, as Conservatives, we live in fear of what left-leaning historians would write/say about an appropriate SCOTUS ruling? Really?

My, how different is the real reality. Democrats are looking ahead in abject terror at the November midterms. And when those results come in, when Obama's lame-duckness grows acute, it's possible to imagine conservatives and Republicans being ready to let the far-seeing John Roberts out of the dog house.

Again, I'm not so sure the author will be right about this ultimate "outcome"...I pray he is right on this one.

22 posted on 01/03/2014 5:06:34 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: Tonytitan
Yeah, just like the Dred Scott decision and Prohibition.

We know. And what else, Captain Obvious, what else? We've just read of 800 laws being put in effect in California as of two short days ago. Even if you don't live in California, be careful when you step out the door in your state, the number there is huge as well, I bet, and you might break some law outside that oak front door of yours and not even know it.

23 posted on 01/03/2014 5:08:01 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Swanks

And bake a heck of a pie!


24 posted on 01/03/2014 5:08:19 PM PST by Dr. Ursus
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To: jacknhoo
The USA is destroyed, but boy it sure makes the Dems look bad - oh, I feel better now.

LOL!
Yes, who needs the Constitution? It is better to score some political points and shred the Constitution as we continue our slide into lawlessness. Yay...

25 posted on 01/03/2014 5:09:05 PM PST by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: Dr. Sivana

DITTO. Court’s job is not to scheme indirectly to declare a law null. If CJ Roberts actually decided strategically to kill a law by declaring it legal and let it die of natural causes should be impeached. Our country has no time for such nonsense and cost. If true how many Americans must suffer before the law dies of financial implosion. IMHO CJ Roberts was blackmailed into changing his mind due to the two kids he adopted under questionable legal circumstances. If Obama does not blackmail him the Health Insurance industry will.


26 posted on 01/03/2014 5:09:12 PM PST by Fee
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To: Kaslin

I read the ACA (all 2,000 pages of it). I read the full Supreme Court testimony on the ACA. I read the full opinion and dissent. There is no logical or legal justification for the Roberts decision. That law is fundamentally unconstitutional on the grounds presented before the Court. Roberts was wrong, and he’s smart enough that his error could not have been an accident; he chose to rule in violation of the Constitution.

It may be that Roberts will rule the ACA unconstitutional on other grounds in a future case, but that will not change the facts. Either for personal reasons (including perhaps blackmail), or for political reasons, Roberts failed to uphold his professional responsibility in that ruling.


27 posted on 01/03/2014 5:09:26 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Kaslin; a fool in paradise

Yeah, shore thang, Johnny boy! Best wishes to your Irish kids from president Obama.

28 posted on 01/03/2014 5:10:39 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Kaslin

I think the only good thing coming from the Roberts decision was the little reported paragraph stating that raiding Medicare to pay for Obamacare was unconstitutional.


29 posted on 01/03/2014 5:10:49 PM PST by Huskrrrr
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To: Tonytitan
Yeah, just like the Dred Scott decision and Prohibition.

Yeah, just like Medicare, Medicaid, and SS. Too many Republicans are on board with Obaamcare (they think they can run it better). I don't trust them to repeal it.

30 posted on 01/03/2014 5:11:02 PM PST by Extremely Extreme Extremist
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To: Kaslin

I don't believe it has ever been the job of the judiciary to "spring traps" or "be diabolical". Is Roberts to be a Supreme Court Justice? or a politician? As an honorable conservative myself I hold him to a higher standard that does not permit such shenanigans with the law. He did wrong. He ought savor the opportunity to correct it.


31 posted on 01/03/2014 5:11:04 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: GreyFriar

I think so too


32 posted on 01/03/2014 5:11:21 PM PST by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin
While I acknowledge the merits of the child-touching-the-hot-stove approach to this particular legislation, I've always felt that the upshot is a too-clever-by-half arrangement that left the legislation in place where it should have been discarded as unconstitutional, which it is. Certainly there would have been howling and a great deal of political theater on the part of the Democrats. So what? Where in Article III is the Supreme Court tasked with preventing partisan political theater?

0bamacare is not going away, quietly or otherwise. Its proponents will lie, cheat, steal, misrepresent, use exemptions as political currency, in short, defend everything about it they have been doing already as a permanent grant of power. It should have been stopped cold on principle in the Supreme Court, not left as a template for clever legislative dodges as it will be.

33 posted on 01/03/2014 5:11:38 PM PST by Billthedrill
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To: Extremely Extreme Extremist

No kidding. It’s like saying that Joseph’s brothers had a genious far-reaching plan to save the nation of Israel. Pretzel logic on crack.

If the nation is saved, it will be through great tribulation. Man plots evil but it is God himself who can turn it around for good. God, Roberts ain’t.


34 posted on 01/03/2014 5:11:52 PM PST by Ezekiel (All who mourn the destruction of America merit the celebration of her rebirth.)
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To: Kaslin

I want to believe


35 posted on 01/03/2014 5:12:52 PM PST by woofie
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To: Huskrrrr
raiding Medicare to pay for Obamacare was unconstitutional.

But they are doing it anyway...

36 posted on 01/03/2014 5:13:12 PM PST by afraidfortherepublic
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To: Kaslin
Roberts may have also doomed Hillary Clinton's chance to live in the White House again.

Presidential candidates and presidencies come and go, but Roberts' ruling will be affecting the relationship between Americans and our government when our great-grandchildren are studying these times in their history texts (or whatever the equivalent will be). Violating the US Constitution by expanding the government's power over the lives of citizens is a catastrophe which dwarfs any temporary advantage in a single election - especially when that advantage is solely in the imaginations of a few conservative journalists.
37 posted on 01/03/2014 5:14:11 PM PST by AnotherUnixGeek
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To: Dr. Sivana
This suggests amazing foresight, but it wouldn't be the only instance.

I don't buy that Roberts was setting a trap. I believe he was just making a whole series of truly unfathomable decisions.

38 posted on 01/03/2014 5:15:54 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Dr. Sivana
The act as passed is unconstitutional. Chief Justice Roberts should know that his job is like that of an umpire, calling balls and strikes. Leave the politics for the other branches.

I totally agree.

Also, it is not clever to uproot the medical coverage of millions of Americans, and the payment system to all of our medical care providers, in a game of Gotcha.

What our country is going to experience this coming year is beyond the imagination of too many Americans, including political commentators.

39 posted on 01/03/2014 5:16:12 PM PST by maica (We are seeing an interesting mixture of malice and incompetence at healthcare.gov)
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To: Kaslin

Again, I say that there was no need for an overt blackmail, horse’s head in Roberts’ bed or dead fishes. The wide knowledge of the illegal adoption was plenty sufficient, people! That’s how it is elegantly done among the upper classes, you peasants.


40 posted on 01/03/2014 5:17:29 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Ezekiel
Well, the poster I responded to and beltway conservatives disagree. They think that Roberts' ruling is the best thing since sliced bread.

"Strategery" my ass. Kill the damn thing and let the Left howl all they want.

41 posted on 01/03/2014 5:18:46 PM PST by Extremely Extreme Extremist
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To: Kaslin
The chief justice, an appointee of President George W. Bush and reputedly a constitutionalist in his jurisprudence, set his diabolical trap (diabolical to Democrats) on June 28, 2012, when he joined with the four liberal justices on the Supreme Court to uphold the constitutionality of ObamaCare. Conservatives and Republicans across the land were apoplectic. But in hindsight, it appears that Roberts actually saved the Republican Party from going into a death spiral and imperiled the Democrats instead. This suggests amazing foresight, but it wouldn't be the only instance.

...because we're so much better off than had SCOTUS voided Osamacare completely and we had a ruling in hand stating that any program similar in character was verboten. That would have been terrible. Shoot, as long as there are enforced SCOTUS rulings against everything Democrats (and occasionally Republicans) do, I don't care if they win every election from now till the end of time (except for the issue about the replacing said justices and reversing those very rulings). But that assumes that you have those rulings to prize in the first place.

42 posted on 01/03/2014 5:19:48 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Kaslin
Robert's ruling was entirely constitutional, and enabled Americans to learn something how to genuinely change the country for the better.

Unfortunately, people don't want to learn.

One Stone, Two Powers: How Chief Justice Roberts Saved America

43 posted on 01/03/2014 5:20:02 PM PST by Talisker (One who commands, must obey.)
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To: Fee
IMHO CJ Roberts was blackmailed into changing his mind due to the two kids he adopted under questionable legal circumstances.

If that's the case, he should have sent his wife and kids to Malta (or some place out of reach), and stayed to face the music. Stakes are WAY Too high.
44 posted on 01/03/2014 5:20:51 PM PST by Dr. Sivana (Five years, my brain hurts a lot.)
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To: Dr. Sivana

I agree that it is not the job of Roberts to involve himself
in politics. That is also true for the rest of the justices
but try getting the lefty judges to act accordingly.

If what the author says is true it doesn’t take much
imagination to anticipate the Democrats might very well
blame Roberts for failing to save them from their own
foolishness. From there instead of a “let us all start
over again, together” attitude the libtards will push
the single-payer BS which is what most of them wanted
in the first place. Then where will we be?


45 posted on 01/03/2014 5:22:52 PM PST by Sivad (NorCal red turf)
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To: Kaslin

There must be a pot of gold somewhere under that big ol heap of dung, doncha think? Actually. no, I don’t think it was strategic at all. I don’t expect any ;lessons’ to be learned by the dems on how unworkable this Obamacare is and always will be. Too many dems are sworn party loyalists, who ask not what the total effect of their dream laws will be.


46 posted on 01/03/2014 5:24:52 PM PST by lee martell
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To: Revolting cat!
... and you might break some law outside that oak front door of yours and not even know it.

When I was in the Marine Corps the told us we violated 35 articles of the Uniform Code of Military Justice by getting out of the rack at daybreak.

47 posted on 01/03/2014 5:25:43 PM PST by Tonytitan
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To: Extremely Extreme Extremist

I see that the Pee Wee “I meant to do that” pic has been posted.

Roberts was a sleeper troll, a blank slate kind of like Obama himself. Had to make him Chief Justice to find out what was in him...


48 posted on 01/03/2014 5:26:18 PM PST by Ezekiel (All who mourn the destruction of America merit the celebration of her rebirth.)
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To: DoughtyOne

How can a Supreme Court justice declare something to be a tax when the Congress, which holds the authority to tax, intended it NOT to be a tax?

Separation of powers, anyone??


49 posted on 01/03/2014 5:26:30 PM PST by Deo volente (God willing, America shall survive this Obamanation.)
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To: maica

It would be terrible if someone lost their mental health care or other care that would doom them to a short lifespan, and went crazy and started taking revenge on those responsible for this catastrophe of epic proportions. I wonder how long that list could be?

Unintended Consequences, anyone seen Henry Bowman lately?

this article obviously forgot the sarcasm tag, no one could really believe in such a convoluted theory. (imo)


50 posted on 01/03/2014 5:30:08 PM PST by rolling_stone
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