Skip to comments.The Roberts Trap Is Sprung
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 ...
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.
This is a quite interesting article. It is worth the few minutes needed to read it.
Ping please. Thanks.
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...
Typical bellybutton gazing BS.
Reminds me of the old rove you magnificent bastard talk here
Or the pure genius of Palin never saying “when”
And so on
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).
Interesting article and analysis ping ...
The USA is destroyed, but boy it sure makes the Dems look bad - oh, I feel better now.
Yeah, just like the Dred Scott decision and Prohibition.
Screw the author of this article, and his psychopathic need to excuse Roberts.
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.
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.
Not Girlfriend ...
what to do what to do...
* 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.
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.
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.
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.
And bake a heck of a pie!
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...
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.
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.
Yeah, shore thang, Johnny boy! Best wishes to your Irish kids from president Obama.
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.
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.
I think so too
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.
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.
I want to believe
But they are doing it anyway...
I don't buy that Roberts was setting a trap. I believe he was just making a whole series of truly unfathomable decisions.
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.
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.
"Strategery" my ass. Kill the damn thing and let the Left howl all they want.
...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.
Unfortunately, people don't want to learn.
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?
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.
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.
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...
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??
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)