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The Ghost and John Roberts: The Plot Thickens on the Obamacare Decision
American Thinker ^ | 02/05/2014 | Bill Dunne

Posted on 02/05/2014 7:59:17 AM PST by SeekAndFind

The chief justice must have "gone off his meds." No, it was blackmail. No, it was cowardice. He caved. It was a perverse abdication of his fundamental responsibility.

Those are some of the many disputations that came in to American Thinker regarding my exploration of another possible explanation for why Chief Justice John Roberts chose, astonishingly, to keep the "Affordable Care Act" alive and kicking.("The Roberts Trap Is Sprung", American Thinker, Jan. 2)

Of the nearly 680 comments, roughly four out of five were against the thesis I advanced, which is that Roberts ruled as he did because he foresaw that if the Supreme Court were to kill the "Affordable Care Act" in its infancy, the ruling would ultimately backfire on the cause of constitutional governance. Further review, however, has led me to look upon that thesis as even more plausible, not less. Here's why.

Let's look first at the most popular counter-theory among the commenters, because it seems the simplest to dispense with, albeit the most sensational. Here's the gist of it:

The Scullduggery

John and Jane (nee Sullivan) Roberts were married in 1996 and about four years later they adopted their two children, both infants at the time, a boy and a girl, about four months apart in age. The adoptions were "private," meaning they were arranged through private parties without the involvement of any agencies. The notion of the Obama White House blackmailing Roberts arose with rumors that the adoptions may have been illegal under the laws of Ireland.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: bhoscotus; johnroberts; obamacare; obamacaretax; robertscourt; scotus; scotusobamacare
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1 posted on 02/05/2014 7:59:18 AM PST by SeekAndFind
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To: SeekAndFind

bfl


2 posted on 02/05/2014 8:01:13 AM PST by ConservativeMan55 (In America, we don't do pin pricks. But sometimes we elect them.)
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To: riri

bookmarking for later


3 posted on 02/05/2014 8:02:05 AM PST by riri (Plannedopolis-look it up. It's how the elites plan for US to live.)
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To: SeekAndFind

VERY interesting theory and possibly very true.


4 posted on 02/05/2014 8:08:10 AM PST by Apple Pan Dowdy (... as American as Apple Pie)
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To: SeekAndFind

hmmm... i don’t know...


5 posted on 02/05/2014 8:09:02 AM PST by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: SeekAndFind

Yes John Roberts, it IS your job to protect us from tyranny even if 51% of America votes for it. That’s the beauty of the design of our system .


6 posted on 02/05/2014 8:09:22 AM PST by autumnraine
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To: SeekAndFind
Great article - You can't say the democrats haven't been eating dog food since October - or whenever it was the Healthcare.gov "launch" was.

If anyone has insiders knowledge of how incompetent and corrupt the current administration really is - you'd figure it to be the SC.

If the authors thesis is accurate, it would kind of be like setting out poison for rats to eat so they die.

7 posted on 02/05/2014 8:10:14 AM PST by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever.)
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To: SeekAndFind

He declares the blackmail theory to be the easiest to dispense with, but ultimately just dismisses it as suspicion and rumor. His only argument against it is the idea that the anti-Bush crowd would have dug this up during the nomination process and scuttled it. Yeah, because it would never occur to a Democratic operative that having such blackmail material in their back pocket against a Supreme Court justice would come in handy in the future.

Apart from that, the author doesn’t even attempt to refute the allegation that the adoptions were illegal. Maybe he can’t because the adoptions were private and he wouldn’t have access to any information that would settle the matter one way or the other, but by not even bothering to make that point, he’s not exactly steering anyone away from such speculation.


8 posted on 02/05/2014 8:10:43 AM PST by william clark (Ecclesiastes 10:2)
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To: SeekAndFind

We will only know the thinking of Roberts when/if he writes a memoir. Right now he’s not talking, which demonstrates a degree of self-control on his part.

In the meantime, it seems a reach of fancy to hope that the collectivist Dems won’t like the dog food they served up in O Care. They are unable to learn from mistakes, and they believe the answer to their dog food is more dog food.


9 posted on 02/05/2014 8:11:48 AM PST by lurk
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To: SeekAndFind
the New York Times was hot on the trail of anything untoward in the nominee's past.

A pity the Slimes never had the same inclination to probe for a certain birth certificate, or college transcript or...

If Roberts had the balls why wouldn't he counter-blackmail Soetoro? There continues to be a mountain of crap available for Roberts to pursue to quash any attempt to neutralize him.

10 posted on 02/05/2014 8:14:13 AM PST by immadashell (The inmates are running the asylum.)
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To: SeekAndFind

For there to be merit to that theory we have to credit Roberts with wide and forward thinking.


11 posted on 02/05/2014 8:14:17 AM PST by RWGinger
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To: SeekAndFind
Roberts ruled as he did because he foresaw that if the Supreme Court were to kill the "Affordable Care Act" in its infancy, the ruling would ultimately backfire on the cause of constitutional governance

After reading the article, I believe the author is saying that Roberts knew the law was unconstitutional. But Roberts ruled in the law's favor anyway because he feared the backlash that would follow.

And the author seems to be okay with that.

If that theory is correct, then Roberts has violated his oath of office and should be impeached.

12 posted on 02/05/2014 8:15:05 AM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: william clark

disinformation in order to say “experts have discredited.”


13 posted on 02/05/2014 8:15:18 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: william clark
Let's assume Robert's was guilty of an illegal adoption and was being threatened with blackmail ... let's also assume he says; "Screw you, I'm killing the bill right now", and let's further assume zero follows through and gets the kids away from Roberts.

NOW what ?

You better believe the press would be all OVER this ... negatively, of course, but it would be super hot stuff.

The public would go wild over the government breaking up a family (those mexi kids didn't do this, their parents did, don't break up a family .. )

Let's go further ... The US deports the kids to ... wherever.

NOW we have some press, yoobetcha' !!

Johnboy ... TELL me ... do you REALLY want to stay in the US with a government that does that to you?

Would you and your wife at least buy a summer home in Ireland or wherever?

See ... Roberts couldn't go to jail for this, but the USGov't could be brought to task

14 posted on 02/05/2014 8:20:55 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: SeekAndFind
Incredible stretch coupled with an overly written narrative. “Silver lining” in the decision? Utter nonsense. Given the essential elements of Obamacare, which few have read, and have nothing to do with health care, the decision rendered under the rubric of article 14, Sec. 4, of the U.S. constitution signaled the death of republic. The rumor of extralegal overseas adoptions may be without merit, but I have no doubt Roberts was a man with a gun at his back, and rendered his opinion accordingly.
15 posted on 02/05/2014 8:21:58 AM PST by PowderMonkey (WILL WORK FOR AMMO)
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To: Leaning Right
“After reading the article, I believe the author is saying that Roberts knew the law was unconstitutional. But Roberts ruled in the law's favor anyway because he feared the backlash that would follow.

And the author seems to be okay with that.

If that theory is correct, then Roberts has violated his oath of office and should be impeached.”

Totally agree.

His dismissal on the blackmail theory is only based on the adoption of his children. I think there is a far more obvious blackmail angle that has been discussed all over the Internet. The author didn't even mention other possibilities.

16 posted on 02/05/2014 8:22:41 AM PST by FR_addict
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To: immadashell
Maybe Roberts realizes the endgame if he attempts to blackmail Obamao.
-Roberts brings the dirt on Obamao.
-Roberts then gets booted off the SC for an “illegal” adoption or worse. (I'm sure that's there's worse “dirt” under his nails)
-Obamao get to pick the next SC justice.

Roberts is saving his own skin, at least temporarily. There will be another R president, and only then will Roberts dirt be shown the light of day.

17 posted on 02/05/2014 8:23:16 AM PST by BigpapaBo (If it don't kill you it'll make you _________!)
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To: SeekAndFind
Blackmail? Saving the Republic via the Constitution?
HOGWASH! He Caved!
I no longer believe any of the denizens of Washington District of Corruption do anything on or for principals.
As Rush used to say “Follow the money.”
I would venture to guess a look at ALL of his finances would give us the answer to why he caved.

As an aside, has anyone noticed you do not hear Rush say that anymore.

18 posted on 02/05/2014 8:23:51 AM PST by Tupelo (I am feeling more like Philip Nolan every day)
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To: C. Edmund Wright
Interesting article ping. A follow up to an earlier article on the Robert's 0bamacare decision. I know you didn't buy into that initial premise.

However, the thing that I wonder about, that this bad (and it was a BAD decision from a Constitutional perspective, as Justice Scalia so ably documented in his dissent) decision avoided, is the outcry from the LEFT. Just imagine the reaction by the LEFTIST government/media complex to a SCOTUS decision that overturned 0bamacare at its 'infancy'. And within a few months of a POTUS election. It would have made Roe v Wade and Bush v Gore look like pillow fights in comparison.

19 posted on 02/05/2014 8:26:23 AM PST by Servant of the Cross (the Truth will set you free)
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To: FR_addict
I highly doubt it was the kids/adoption. they'd have black mailed him and still outed this information. It's too out there now and it'd be too easy for them to do.

More than likely, IMO, Roberts has the typical sexual deviant crap in his closet. After all, we have all seen the birthday cake Village People picture floating around the internet.

All of our betters (elites) seem to have these issues. The crap floats to the top.

20 posted on 02/05/2014 8:27:26 AM PST by riri (Plannedopolis-look it up. It's how the elites plan for US to live.)
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To: SeekAndFind

no matter the reasons - it is possible to see that from 2010 until 2020 conservatives have the BIGGEST OPPROTUNITY to show why government is not the solution. In 2010 hundreds of state legislators came into the process via the Tea Party. Even in 2012 people like Cruz and Lee got elected because of the Tea Party - the next WAVE in 2014 could be 8 senators and 15 house members. In 2016 the president will either be a Tea Party favorite or must face a congress made up of the Tea Party. IT’S ALL GOOD


21 posted on 02/05/2014 8:28:46 AM PST by q_an_a (the more laws the less justice)
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To: SeekAndFind

Not much to all this. The trend is toward a social democratic society. The voters obviously know what they want and can and will vote for it.
You will hear much about Democratic Economic Populism like it’s a good thing.


22 posted on 02/05/2014 8:29:55 AM PST by griswold3 (Post-Christian America is living on borrowed moral heritage)
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To: autumnraine

Indeed, the original foundational rules (Constitution) are what (are supposed to) constrain the whims of the contemporary majority.


23 posted on 02/05/2014 8:31:47 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: SeekAndFind
The fact that many millions of us are being harmed in the meantime is unfortunate, but we're also getting what could be an education of immense importance regarding the dangers of a democratic republic unmoored from its foundations.

Sometimes, in other words, we just have to learn things the hard way. We can only hope that the learning is not coming too late.

If this guy is right, the pain America is experiencing will be worth the lesson. Although I also believe our spiritual health must needs experience a revival, too.

24 posted on 02/05/2014 8:33:27 AM PST by SoFloFreeper
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To: SeekAndFind

So little we know, so much we can speculate....and in the meanwhile, the peasants lose healthcare, get held up by higher premiums that deplete their savings and suffer for what?


25 posted on 02/05/2014 8:37:17 AM PST by oust the louse (The Democratic Party might as well be called the Death Party. Abortion & ObamaCare/death panels.)
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To: SeekAndFind

So Roberts watches an episode of Decoded, verifies it with an episode of Conspiracy theory, turns around in a circle three times holding a stuffed owl, and we all go on double secret probation?


26 posted on 02/05/2014 8:38:05 AM PST by Stentor (Maybe the Goldman Sachs thing is just a coincidence.)
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To: SeekAndFind

The author is correct that Roberts ruled the limit to using the Commerce Clause.

He ruled the Individual Mandate was a tax. If you don’t like the tax, vote your representative out.


27 posted on 02/05/2014 8:41:10 AM PST by Erik Latranyi (When religions have to beg the gov't for a waiver, we are already under socialism.)
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To: Erik Latranyi

RE: He ruled the Individual Mandate was a tax.

But what does the law say?

If it says its a penalty, a judge can’t just re-imagine it to be a tax...

The right thing to do would be to say that it will be constitutional when it is a tax, but it isn’t IN ITS PRESENT FORM, then THROW IT BACK TO CONGRESS FOR A REWRITE.

Even Obama declared the Mandate NOT to be a tax when he was interviewed by George Stephanopoulos. See here:

http://www.youtube.com/watch?v=_0ZUBMqMnWs


28 posted on 02/05/2014 8:45:31 AM PST by SeekAndFind
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To: SeekAndFind

Ah. A new tagline.

A nice reference to H.L. Mencken’s definition of democracy: “the theory that the common people know what they want, and deserve to get it good and hard.”)


29 posted on 02/05/2014 8:49:39 AM PST by Mrs. Don-o ("The common people know what they want, and deserve to get it good and hard." - H.L. Mencken)
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To: SeekAndFind
NSA has the pictures.


30 posted on 02/05/2014 8:57:58 AM PST by USS Alaska (If I could...I would.)
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To: Leaning Right

YUP,

Roberts contorted,spun and twisted logic, and the constitution, to make the ACA fit into it by saying it was unconstitutional and constitutional at the same time.

Justice Kennedy, destroying Roberts` gymnastics:

” For all these reasons, to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it…

Imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry….

What the Government would have us believe in these cases is that the very same textual indications that show this is not a tax under the Anti-Injunction Act show that it is a tax under the Constitution. That carries verbal wizardry too far, deep into the forbidden land of the sophists….

The Court today decides to save a statute Congress did not write. It rules that what the statute declares to be a requirement with a penalty is instead an option subject to a tax….

The Court regards its strained statutory interpretation as judicial modesty. It is not. It amounts instead to a vast judicial overreaching. It creates a debilitated, inoperable version of health-care regulation that Congress did not enact and the public does not expect. It makes enactment of sensible health-care regulation more difficult, since Congress cannot start afresh but must take as its point of departure a jumble of now senseless provisions,

The values that should have determined our course today are caution, minimalism, and the understanding that the Federal Government is one of limited powers. But the Court’s ruling undermines those values at every turn. In the name of restraint, it overreaches. In the name of constitutional avoidance, it creates new constitutional questions. In the name of cooperative federalism, it undermines state sovereignty…

The fragmentation of power produced by the structure of our Government is central to liberty, and when we destroy it, we place liberty at peril. Today’s decision should have vindicated, should have taught, this truth; instead, our judgment today has disregarded it.”


31 posted on 02/05/2014 8:58:08 AM PST by Para-Ord.45 ( Americans, happy in tutelage by the reflection that they have chosen their own dictators.)
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To: SeekAndFind

Everybody feel safe with the SCOUS.
They may not be cheap but they are easy to control.


32 posted on 02/05/2014 9:11:57 AM PST by Vaduz
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To: USS Alaska

What connection has the NSA drawn between a professor of veterinary medicine (Dr Jim Murray, at UC Davis) and Johnny Roberts?


33 posted on 02/05/2014 9:18:51 AM PST by cynwoody
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To: autumnraine
The American people never voted for this, never even approved of it in the majority.
34 posted on 02/05/2014 9:19:39 AM PST by hinckley buzzard
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To: RWGinger
I don't believe it. If this was his plan all along, why did he change his mind right before the vote? If I remember correctly Scalia was pissed about that. I think they have dirt on Roberts. It could be the adoption or something sexual.
35 posted on 02/05/2014 9:20:33 AM PST by peeps36 (I'm Not A Racist, I Hate Douchebags of All Colors)
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To: SeekAndFind

Thanks for this update on Traitor John Roberts.

Traitor John must now be very proud of the great harm he has caused to millions of Americans by illegally re-writing the Obamacare law as a favor to Obama.


36 posted on 02/05/2014 9:24:27 AM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: SoFloFreeper
It is not the purpose or function of the Supreme Court to teach the American People a lesson "the hard way," or any other way. It is their duty to protect and uphold the Constitution and say what the law is.
37 posted on 02/05/2014 9:25:32 AM PST by hinckley buzzard
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To: SeekAndFind

Yeah..... I don’t buy it. Its blackmail of some sort.


38 posted on 02/05/2014 9:35:59 AM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: SeekAndFind; chessplayer

The author failed to take into account Leahy’s veiled threat from the Senate floor.


39 posted on 02/05/2014 9:50:33 AM PST by Protect the Bill of Rights
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To: SeekAndFind

I thought this was covered and pointed back then?


40 posted on 02/05/2014 9:54:18 AM PST by ▀udda▀udd (>> F U B O << "What the hell kind of country is this if I can only hate a man if he's white?")
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To: All
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41 posted on 02/05/2014 9:54:52 AM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: SeekAndFind

All of us are eating the dog food now.


42 posted on 02/05/2014 9:57:11 AM PST by Gritty (Inside every liberal is a totalitarian screaming to get out! - David Horowitz)
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To: SeekAndFind

Chief Justice John Roberts

43 posted on 02/05/2014 10:01:39 AM PST by Dr. Thorne ("How long, O Lord, holy and true?" - Rev. 6:10)
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To: SeekAndFind

Roberts blew it bigtime, and most still don’t know why.

He said Congress could do it under their power to tax.

WRONG!

First of all, a tax statute must plainly and unambiguously say:
What is being taxed and
Who is liable

Obamacare doesn’t do this.

Secondly, and most importantly, it is important to realize that as far as law goes, it IS NOT THE FORM OR PROCEDURE OR NOMENCLATURE they use.
It is THE SUBSTANCE of the thing at hand.

And the substance of this plan is this:

To tax young, healthy people in order to pay for unhealthy people.

It’s a tax on being healthy. It’s a tax ON LIFE ITSELF.

“to SECURE these rights, governments are instituted among men, deriving their just powers from the CONSENT of the people...”


44 posted on 02/05/2014 10:05:21 AM PST by djf (OK. Well, now, lemme try to make this clear: If you LIKE your lasagna, you can KEEP your lasagna!)
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To: ConservativeMan55

I have always thought that Roberts was brilliant - actually too brilliant - in his decision. If he had ruled ObamaCare unconstitutional, there would have been a tremendous backlash, claiming racism, hate of the poor, etc., etc., etc. By ruling it constitutional, but stating that the “penalties” had to be taxes, meant that the largest tax increase in history was about to be imposed.

This should have given the Republicans enough ammunition to defeat 0bama in 2012, but they were too slow on the uptake, and the now-taxes hadn’t taken effect, so most Americans (at least the low-information 0bama supporters) hadn’t felt the pain.

Now that the pain is being felt, even to a greater extent than anyone could have imagined, the ObamaCare detractors are being vindicated and the supporters are nowhere to be found.

Again, I still contend that Roberts was brilliant, but the Republicans’ slowness helped them snatch defeat from victory.


45 posted on 02/05/2014 10:27:00 AM PST by jda ("Righteousness exalts a nation . . .")
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To: SeekAndFind

I don’t know why CJ Roberts voted the way he did. I do, however, agree with the sentiment that “the common people know what they want, and deserve to get it good and hard.”


46 posted on 02/05/2014 10:34:05 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: SeekAndFind

“We had to destroy the village in order to save it.”


47 posted on 02/05/2014 10:37:33 AM PST by Doomonyou (Let them eat Lead.)
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To: SeekAndFind; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

48 posted on 02/05/2014 10:38:37 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan
Thanks for the ping BuckeyeTexan. We will probably never know but I smell money being exchanged along with promises.
49 posted on 02/05/2014 10:41:49 AM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: jda

Prayers said your thoughts are the correct ones. I shutter to think all may now be based on whom has the largest checkbook or pay scheme available, from under the table.


50 posted on 02/05/2014 10:44:19 AM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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