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The Chief Justice's Gambit (Not as bad as we think??)
Rea Clear Politics ^ | June 27,2012 | Sean Trende

Posted on 06/28/2012 2:37:54 PM PDT by Hojczyk

But I think if you scratch the surface here, Roberts embarked upon a gambit much like Marshall did 200 years ago. For the results-oriented -- which is to say, most observers on both sides who have been ranting about the Constitution for the past few months -- this is a clear win for the Obama administration, at least in the short term. By removing most legal impediments to the implementation of the law, the odds that the president’s signature legislation will eventually be implemented have risen.

1. The law still has a good chance of not being implemented.

2. Doctrinally, The Federalist Society got everything it wanted.

But judicial conservatives who are not just concerned about the outcome got more than they could have reasonably hoped for. Doctrinally speaking, this case will likely be remembered as a watershed decision for conservatives.

Five justices just signaled to lower courts that, but for the unique taxation power argument, they were prepared to rule that a major act of Congress that plainly touched upon economic activity exceeded Congress’ commerce powers. Right now, liberals are seemingly too busy celebrating their win, and conservatives bemoaning their loss, to realize the significance of this.

3. The chief justice has built up some political capital.

Roberts has basically done what John Marshall did: Insulate the court from criticism of bald partisan bias and infidelity to, as he once put it, calling balls and strikes. He’s earning plaudits from the left. Though the right is grumbling, I suspect they won’t be doing so for long

4. This matters in the long run -- a lot.

All told, it is easier for the conservative wing of the court to make some significant rulings in some other policy areas.

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


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections
KEYWORDS: obamacaretax
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1 posted on 06/28/2012 2:38:00 PM PDT by Hojczyk
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To: Hojczyk

I think this guy has to much hope....but with out hope what???


2 posted on 06/28/2012 2:39:30 PM PDT by Hojczyk
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To: Hojczyk
Ha! Ha!...and all those Conservatives thought I would walk the line...
3 posted on 06/28/2012 2:41:58 PM PDT by AngelesCrestHighway
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To: Hojczyk

bottomline - Elections matter


4 posted on 06/28/2012 2:42:12 PM PDT by Perdogg
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To: Hojczyk

Why was Obamacare pushed forward so early in his presidency? I’ll tell you why. The feds have had 2 1/2 years to begin implementing it. The underlying foundation is there, and it’s too late to undo it. That’s what they were counting on.

As soon as it was passed, a friend of mine whose family owns one of the biggest companies in the state said their HR people were called in to a meeting within a week of the bill’s passage and given instructions for its initial implementation.


5 posted on 06/28/2012 2:44:48 PM PDT by ChocChipCookie
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To: Hojczyk
I'm sitting here on the couch and need to use the can. I know, I'll take a flight to Holland. That way I can fly back and then use the can. Brilliant.

6 posted on 06/28/2012 2:45:16 PM PDT by I see my hands (As Islamists perpetrated 9/11 so SCOTUS perpetrated 6/28)
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To: Hojczyk

Here’s the flaw in the Roberts-cut-down-the-Commerce-Clause meme - it is entirely dependant on other judges interpreting the law that way. Liberal judges won’t. One thing can be said for lib judges, the left can always count on their vote no matter what. Too bad we can’t say the same thing about our so-called conservative judges.


7 posted on 06/28/2012 2:45:38 PM PDT by Lou Budvis
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To: Perdogg

Bottom line: Electing RINOs like the Bushes is a disaster.


8 posted on 06/28/2012 2:45:43 PM PDT by Kazan (Mitt Romney: The greater of two evils)
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To: Hojczyk

I don’t exactly follow this.

He says that doctrinally conservatives got a restriction on the commerce clause.

But they would have gotten that as well if he had just sided with the 4 good guys/dissenters, and wrote a strong opinion.


9 posted on 06/28/2012 2:46:15 PM PDT by ConservativeDude
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To: Hojczyk

This will be a long, hot summer. There are new unemployment numbers due next week. This decision only adds more depression to unemployment. Who will be left to pay for this trillion dollar Obamination?

The cloak of fraud that allowed this monstrosity to be concealed under Interstate Commerce is stripped away. It is now the most gigantic tax increase and government rule that has been hoisted on the public, ever.

The liberals forced this through under a cloud of Hopey Changey, Stimulus, Bailouts and all the liberal crap that added $5T to the debt. Meanwhile we have more people out of work than before this disaster passed. If we can’t turn this into an electoral repeat of 2010 and take the presidency, nothing will get us out of it. Time to fight - that is the result of this decision!


10 posted on 06/28/2012 2:46:57 PM PDT by untwist
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To: Hojczyk

It’s over, they won, we lost. People can’t face reality so they are trying to spin this as some kind of “win” for us....there is no “win” here.


11 posted on 06/28/2012 2:47:12 PM PDT by dfwgator
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To: Perdogg
bottomline - Elections matter

Exactly

Fair, honest....(or otherwise).

12 posted on 06/28/2012 2:48:08 PM PDT by RckyRaCoCo (I prefer liberty with danger to peace with slavery, IXNAY THE TSA!)
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To: Hojczyk

based upon what i have read, the sledgehammer that the libs have been using against us since rooselvelt has been reduced to a one ounce nail tack..

they can no longer use the commerce clause, or that other feel good clause to ramrod their agenda through,,

they will have to spell it out clearly, and we all know libs are deathly afraid of the light..

roberts got it right with arizona..

it would appear he just struck a death blow to the libs...

I will be reading the entire ruling tonight, but based upon the first 4 pages, constitutionalists win, socialists and libs lose, BIG TIME


13 posted on 06/28/2012 2:49:25 PM PDT by joe fonebone (I am the 15%)
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To: Lou Budvis

Well said.

It would have been better just to cram the whole thing down their throats. obamacare is unconstitutional, and by the way, the commerce clause is restricted.

He had the votes to do that.

To suggest that he has some brilliant master plan is just reaching. Psychologically, I understand it.

But it seems wrongheaded to me.

(A lot of us were wary of Roberts the day he was appointed, even though we were glad to see Harriet Meirs gone. He showed some initial promise, surprisingly, early on. But when it counted, like this week, he has turned into Earlwarrenwilliambrenondavidsouter all over again.)


14 posted on 06/28/2012 2:49:43 PM PDT by ConservativeDude
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To: dfwgator
Exactly. I wasn't surprised. I won't be surprised when Obama wins in November either.
15 posted on 06/28/2012 2:50:11 PM PDT by throwback (The object of opening the mind, is as of opening the mouth, is to shut it again on something solid.)
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To: joe fonebone

Bull.


16 posted on 06/28/2012 2:51:27 PM PDT by securityman
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To: Hojczyk

From what I understand ( and that aint much), the bill says “Penalties”, now Roberts says it can’t be a “Penalty”, but it can be a “Tax”. Does the bill have to be corrected and voted on once more?, and if not why not ?
And isn’t there some special procedures a “tax” bill has to under go??????
Your humble Freeper


17 posted on 06/28/2012 2:54:20 PM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: ConservativeDude
He says that doctrinally conservatives got a restriction on the commerce clause.

It doesn't matter that the court said that the commerce clause has limited power because the court also said that taxation IS unlimited power.

18 posted on 06/28/2012 2:54:53 PM PDT by Drill Thrawl (Another day. Another small provocation. Another step closer.)
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To: AngelesCrestHighway
Yeah...HA HA. Where are all those Freepers who were wishing me ill 5-7 years ago when I kept telling them Bush was not as conservative as they thought?

I would be willing to wager they are the same ones bashing him today.

19 posted on 06/28/2012 2:55:41 PM PDT by NELSON111
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To: Hojczyk
Five justices just signaled to lower courts that, but for the unique taxation power argument, they were prepared to rule that a major act of Congress that plainly touched upon economic activity exceeded Congress’ commerce powers

Five Just-uses have signaled that the federal government can impose anything it wants on American citizens and use it "taxing power" to turn us all into serfs.

He also, has created a new definition of what a tax is- which used to be solely for revenue raising. This definition will be used widely and wildly by the left to impose it will on Americans and the lower courts will ratify the left by pointing to this decision.

Roberts fate is sealed forever. No matter how many times he nominally votes conservative in the future, this insidious treachery will define him forever.

20 posted on 06/28/2012 2:57:04 PM PDT by CharacterCounts (A vote for the lesser of two evils only insures the triumph of evil.)
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