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Why the Whole Health Care Law Is in Jeopardy
Real Clear Politics ^ | June 27, 2012 | Sean Trende

Posted on 06/27/2012 6:27:44 PM PDT by Ernest_at_the_Beach

The real Supreme Court news on Tuesday wasn't the Arizona immigration decision or even the summary reversal of the Supreme Court of Montana in the "Citizens United 2" case. It was that the chief justice of the United States didn't write any of these opinions.

This is critically important, because we can now deduce with a reasonably high degree of certainty that John Roberts is writing the lead health care opinion. If we are right about this, then the law is in even deeper trouble that most observers imagined.

Let’s start from the beginning. The Supreme Court tries to spread its opinions equally among the justices, both for the term and for its monthly sittings. There are three opinions left and, fittingly, three justices who have authored fewer than seven opinions: Roberts, Sonia Sotomayor and Clarence Thomas.

Roberts is the likely author of the health care decision for three reasons. First, Thomas is the only justice without an opinion from the December sitting, so he is probably authoring the First American opinion still outstanding from that sitting (and it unlikely that a staunch originalist like Thomas could hold together a majority on an issue like the health care law).

Second, it is unlikely that an opinion of this magnitude would trickle down to a junior justice like Sotomayor. The Alvarez opinion from February seems more appropriate for her.

Third, Roberts hasn’t authored an opinion from the March or April sittings. He’s the only justice of whom that can be said. This, more than anything, makes him the likely author of the only opinion outstanding from either sitting, the health care law.

If we’re right about this, then it’s a real problem for the Affordable Care Act.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: affordablecareact; obamaare

1 posted on 06/27/2012 6:27:50 PM PDT by Ernest_at_the_Beach
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To: Ernest_at_the_Beach

The pirate Roberts was placed on the court for spefici reasons. one of which is to lend an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda. If Roberts writes the opinion and the majority of the unConstitutional bill is upheld, don’t be surprised.


2 posted on 06/27/2012 6:31:47 PM PDT by MHGinTN (Being deceived can be cured.)
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To: Ernest_at_the_Beach

The pirate Roberts was placed on the court for specific reasons, one of which is to lend an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda. If Roberts writes the opinion and the majority of the unConstitutional bill is upheld, don’t be surprised.


3 posted on 06/27/2012 6:32:31 PM PDT by MHGinTN (Being deceived can be cured.)
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To: Ernest_at_the_Beach

Lets hope so. My stomach is in knots, its like waiting for your grade on an extremely important test, thinking you did well but not knowing for sure, and running the questions and answers around and around in your head.

And the decision is a lot more than just obamacare. If the mandate is upheld it grants the feds essentially unlimited power. Maybe we can repeal obamacare (LOL!) but we cannot repeal a freedom damning precedent.


4 posted on 06/27/2012 6:38:28 PM PDT by HerrBlucher
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To: Ernest_at_the_Beach
I HAD A DREAM LAST NIGHT Photobucket
5 posted on 06/27/2012 6:38:41 PM PDT by Huskrrrr
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To: MHGinTN
If [he will, no 'if' about it] Roberts writes the opinion and the majority of the unConstitutional bill is upheldoverturned in its entirety, don’t be surprised.
6 posted on 06/27/2012 6:40:15 PM PDT by Servant of the Cross (the Truth will set you free)
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To: MHGinTN
Pirate?! Pirate? Srsly?
7 posted on 06/27/2012 6:41:33 PM PDT by Servant of the Cross (the Truth will set you free)
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To: Ernest_at_the_Beach

http://www.intrade.com/v4/markets/contract/?contractId=745354

Intrade says 82% confidence that the Mandate will be ruled unconstitutional. That’s not perfect but not bad odds.


8 posted on 06/27/2012 6:42:21 PM PDT by Pollster1 (A boy becomes a man when a man is needed - John Steinbeck)
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To: MHGinTN

Are you ready to eat those words tomorrow morning?


9 posted on 06/27/2012 6:42:54 PM PDT by xjcsa (Ridiculing the ridiculous since the day I was born.)
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To: MHGinTN
Roberts was placed on the court for spefici reasons. one of which is to lend an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda.


10 posted on 06/27/2012 6:47:49 PM PDT by Jeff Chandler (What did the president know and when did he stop knowing it?)
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To: xjcsa; humblegunner

I may have to go split a sandwich with Humblegunner, but I won’t be dieting on words tomorrow ... Schlotzsky’s ya say, HG?


11 posted on 06/27/2012 6:51:29 PM PDT by MHGinTN (Being deceived can be cured.)
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To: Ernest_at_the_Beach

The Supreme Court hasn’t been able to bring itself to put a real limit on the Commerce Clause yet.

It would help if voters cared about the Constitution as much as they do about their EBT cards.


12 posted on 06/27/2012 6:54:12 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Ernest_at_the_Beach

Not enough government fascists (with government retirement investment money) in the market, will benefit with this one, so we’re expecting a no vote.


13 posted on 06/27/2012 7:01:45 PM PDT by Varsity Flight (Phony-Care is the Government Work-Camp: Arbeitsziehungslager)
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To: Servant of the Cross; MHGinTN
Pirate?! Pirate? Srsly?

I'm guessing MHGinTN was making a play on the name "Dread Pirate Roberts" from the lead character in the "Princess Bride" movie.

14 posted on 06/27/2012 7:11:05 PM PDT by FairWitness (Everything is easy, once you've done it once)
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To: Servant of the Cross
"Pirate?! Pirate? Srsly?"

=====================================================

DREAD Pirate!"

15 posted on 06/27/2012 7:12:21 PM PDT by Manic_Episode (Tom Hoefling for President - 2012)
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To: FairWitness

I should buy you a Coke! You’re the first person that has figured that out.


16 posted on 06/27/2012 7:13:39 PM PDT by MHGinTN (Being deceived can be cured.)
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To: MHGinTN
okay, so what is your rationale for this piece of lunacy:

... an air of conservative respectability to the growing gloablist agenda to collapse the American economic system so the global banking and governance devils can realize their agenda ...

17 posted on 06/27/2012 7:19:26 PM PDT by Servant of the Cross (the Truth will set you free)
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To: MHGinTN
You’re the first person that has figured that out.

Proving I guess that I watch too many movies (one of my favorite TV characters was Remington Steele; he could always come up with an old movie plot that solved his current mystery case).

18 posted on 06/27/2012 7:22:52 PM PDT by FairWitness (Everything is easy, once you've done it once)
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To: Servant of the Cross

I’m going to be 67 this summer, Lord willing. I made the comment based upon what I see as the over-arching trends world-wide. That you chose to call it lunacy tells me it would be bets to let you fester without any help from me. I’m sure you will spittle whatever you want anyway, regardless of what I might offer, so have at it, sparky. Push someone else’s buttons, I don’t respect your opinion enough to respond further.


19 posted on 06/27/2012 7:23:46 PM PDT by MHGinTN (Being deceived can be cured.)
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To: Huskrrrr

I am *so* going to steal that image tomorrow morning, if things go well.


20 posted on 06/27/2012 7:35:30 PM PDT by Charles Martel (Endeavor to persevere...)
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To: FairWitness; MHGinTN
I guess I don't watch enough movies....I had no clue ....

But I really don't watch any movies...

21 posted on 06/27/2012 7:37:06 PM PDT by Ernest_at_the_Beach (The Global Warming Hoax was a Criminal Act....where is Al Gore?)
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To: Huskrrrr
I have a dream. I want to see the smirk on Pelosi’s face with the big gavel in her hand erased from my memory.
22 posted on 06/27/2012 7:49:49 PM PDT by Bronzy (No more RINO's)
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To: Bronzy

btt


23 posted on 06/27/2012 8:04:12 PM PDT by billva
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To: Ernest_at_the_Beach; All

The Arizona Ruling by THE NINE SUPREMES (actually 8) has proven that we no longer have a US Constitution.

Hence, it is pointless to talk about a Court Dictate on Obama”care” being anything but a dictate of the polarized Court.

We also have a Rogue Dictator, and a Rogue Obama-Rifles Attorney General Leader.

Preference is not the issue. What the Court has already Dictated on Obama”care” will be the issue.

The further destruction of the US Constitution is the most probable dictate that the Court will hand down on Thursday, as this will be the last dictate of this past year, and hence they cowardly will release their worst dictate on their last day in session.

Since Obama”care” of ANY sort will financially destroy America, our options are limited to Congressional ABOLISHMENT of all of Obama”care,” or for we, the people, to begin the tedious process of convening peaceful State Constitutional Conventions, and splitting the former USA into multi-State Regions.

For almost 80 years we have been saddled with the failed Keynesian Economic System. It has bankrupted the US Federal Government.

The derivatives of the WW2 Wage and Price Control Dictates are as follows: Medicare, Medicaid, Romney”care” and Obama”care.”

All of these vote-buying gimmicks are funded by debt created by the failed Keynesian Economic System.

Currently this Debt is charged to those who cannot vote: our Grandchildren’s future descendants.

This Debt is the Federal Grandchildrens Tax, or FGT, to distinguish it from the FIT, or Federal Income Tax, which only 51 % of us are required to pay.

The Silent Majority is silent no more.

There will be additional calls for State Constitutional Conventions if the Republicans try to preserve or retain ANY of Obama or Romney”care.”

Obama”care” is the Death Knell for America. It must be ABOLISHED FOREVER if America is to survive.

If Obama”care” does survive, then I favor Regional Areas/Republics of the former United States of America. I think the States that the XL Pipeline will run through makes excellent sense for one Region, called The Texas Region. The Mississippi Region would be those States that the Mississippi River runs through. Pacific and Atlantic Regions are obvious, as are the Rocky Mountain States.

In this way people could vote with their feet and move to a greater or lesser degree of personal Liberty.

The Great Experiment of forcing the United States of America back into the European Feudal System began with FDR’s Social Security System and will end in failure with Obama”care.”

There is no need for armed conflict, as we have already tried that horrific method with our bloody Civil War.

Just peacefully hold State Constitutional Conventions, split up the former USA into multi State Regions, and then hold Fourth of July “Remember When Days” once a year, as we thank our lucky Stars that we in NO WAY are like Europe.

If we were a Nation of Laws, we could survive.

We, instead, have become a Nation of Lawyers, and thus survival is not possible.

Lawyers do not obey the laws, they just change their interpretation of the laws to suit themselves. For example, “Remember the Arizona Law!” would make an appropiate State Constitutional Convention poster.

During the State Constitutional Conventions and split up of the former USA, we need to designate a multi-State Region just for Lawyers. They could then Keynesian themselves to their hearts content.

The Region that I will choose will be based on “The Invisible Hand” of Samuel Adams’ Free Market, with NO safety net.

Think it over, as it will take years to complete all of the State Constitutional Conventions.

Thus, we have time to plan to do it RIGHT, (pun intended), and throw the Liberal cartons of useless Tea millstones back into the Sea of European Feudalism/Socialism that they so richly deserve.

We must design our Multi-State Regions/Republics so that the disaster of RINO-morphing, and creeping Keyneism does not occur again.

Without an effective Check and Balance System each Multi-State Region/Republic will not survive, as has been proven in the present USA by the efforts of RINO-Democrat-Liberal Agenda Media “Triangle of Doom” that we have today.

There is still hope if we can DUMP Romney by having the Delegates vote to ABSTAIN on the first Ballot in Tampa.

If Romney becomes the Nominee, Obama wins big in November, just like he did against Lame-Brain McCain in 2008, and it will be GAME ON Time for us FReepers here in the former USA.

BTW, I’m dusting off my Tri-Cornered Hat, will dig out my copies of The Federalists Papers, and for Patriotic Flair, may even make a few quill pens!

Let us build a more perfect Union! Long live the Second Republic of TEXAS!

____________

BTW, BTW, to the BIG BROTHER Lurkers: save your expensive Obamadrones for the continuous, and now SCOTUS-approved, invasion of the Mexican Drug Lords into Southern Arizona.

We will be no bother to you as we will be more peaceful, and more patriotically joyful than a GSA Convention in Las Vegas when we hold our many State Constitutional Conventions.

Y’all come by now, hear?


24 posted on 06/27/2012 8:33:00 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: mrsmith

“It would help if voters cared about the Constitution as much as they do about their EBT cards.”

Well said.


25 posted on 06/27/2012 9:15:29 PM PDT by Mortrey (Impeach President Soros)
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To: Ernest_at_the_Beach
This is critically important, because we can now deduce with a reasonably high degree of certainty that John Roberts is writing the lead health care opinion. If we are right about this, then the law is in even deeper trouble that most observers imagined.

I wonder if Obama still thinks he was cute disrespecting Roberts at the 2010 State of the Union Address.

26 posted on 06/27/2012 10:48:43 PM PDT by Mike Darancette (Ineptocracy; the Obama way.)
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To: Graewoulf

I told the sheepel last night that the pirate Roberts was placed on the court, at the head of the court, for reasons only now becoming obvious. He is the globalist choice and he is handing OUR sovereignty over to the blackmailers known as the international banking powers that be. To end American citizen sovereignty the system must be collapsed, and Roberts is the means through which to lend a specious air of conservative respectability to the swift collapsing of our economic system. Roberts is not a conservative and he is not a liberal, he is a puppet on bankers’ strings aiding and abetting the criminal enterprise as they work to end American sovereignty and cancel the Constitution. And still these same sheeple will not acknowledge what is happening right before their eyes!


27 posted on 06/28/2012 7:37:08 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Graewoulf

I told the sheeple last night that the pirate Roberts was placed on the court, at the head of the court, for reasons only now becoming obvious. He is the globalist choice and he is handing OUR sovereignty over to the blackmailers known as the international banking powers that be. To end American citizen sovereignty the system must be collapsed, and Roberts is the means through which to lend a specious air of conservative respectability to the swift collapsing of our economic system. Roberts is not a conservative and he is not a liberal, he is a puppet on bankers’ strings aiding and abetting the criminal enterprise as they work to end American sovereignty and cancel the Constitution. And still these same sheeple will not acknowledge what is happening right before their eyes!


28 posted on 06/28/2012 7:38:33 AM PDT by MHGinTN (Being deceived can be cured.)
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To: MHGinTN

Roberts is a lawyer.

Lawyers do not obey laws.

Lawyers instead reinterpret laws to suit themselves.

If lawyers on the US Supreme Court do not obey laws, then why should we?

Should lawyers be prohibited from being one of THE NINE SUPREMES?


29 posted on 06/28/2012 9:23:04 AM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: MHGinTN
I may have to go split a sandwich with Humblegunner, but I won’t be dieting on words tomorrow ... Schlotzsky’s ya say, HG?

Well it looks like I'm the one eating words. Too bad.

30 posted on 06/28/2012 11:17:23 AM PDT by xjcsa (Ridiculing the ridiculous since the day I was born.)
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To: Mike Darancette
I wonder if Obama still thinks he was cute disrespecting Roberts at the 2010 State of the Union Address.

Well does he?

31 posted on 06/28/2012 1:05:41 PM PDT by itsahoot (About that Coup d'├ętat we had in 08, anyone worried yet?)
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To: itsahoot

He knows Roberts is a tool.


32 posted on 06/28/2012 1:07:43 PM PDT by Mike Darancette (Ineptocracy; the Obama way.)
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