Maybe Roberts Got it Right After All

Self | June 28, 2012 | Alberta's Child

[Freedom_Is_Not_Free]

Obamacare struck down as unconstitutional cannot be brought back to life.

Obamacare overturned by one Congress can be rammed through by the next, since it has already passed Constitutional muster.

Frankly, I would much rather have a bad law to be shown on the books to violate the constitution than not to violate the constitution.

That idiot John Souter Roberts did us no favors.

[Pining_4_TX]

“Democracy is the theory that the common people know what they want and deserve to get it good and hard.”
~ H. L. Mencken

I honestly believe that Justice Roberts is being blackmailed. Either that, or he is insane.

[Persevero]

I guess you oppose socialized medicine, but find opposition to socialized education “cultish?”

“Every single cult leader believes in home schooling....Think about it.”

I’m not aware of any cult leader symposium on the issue, but I think it’s easier to recruit public school kids into a cult than home schooled kids. Who do you want in charge of children? Their parents or the state?

[LS]

No you're not being unreasonable (now) and I think Roberts indeed made (one) great point, which was "why should the USSC protect you Americans from your own stupidity?" And that is a legit question.

British historian Paul Johnson, who got it slightly wrong, nevertheless was commenting on Reconstruction and why, eventually the North had to pull out the troops: "The United States," he said, "after all was a democracy." Well, of course we are a REPUBLIC, but his point is that usually what the people want they get, and what they don't want---if they really don't want it (think Prohibition)---they will get rid of it. So we'll see how much Americans really dislike this abomination.

[uncbob]

He wants to be seen as the umpire, as he said in his confirmation, not a player for either team.

Yeah well he gets to vote so that reasoning is suspect

[BlueCat]

So what’s your point? Does this mean you intend to vote for Obama?

[Norm Lenhart]

You MIGHT perhaps have a run around the web and see all the polls on this fiasco saying otherwise.

And the non political websites. Pick a few at random and see for yourself.

[Persevero]

“I donated to Roomey today, never thought I would”

I decided to make phone calls for him (I was just going to vote for him but not volunteer). I believe he will gut or executive order this garbage away if elected, as he pledged, if we don’t get a Republican Senate.

I don’t know that his heart will be in it but he is not stupid and he will follow through on his public pledge.

[bramps]

Don’t blame me. I voted for Harriet Miers.

[BlueCat]

I’ve already volunteered to drive to Pennsylvania to work. I could also go to Virginia. I don’t know which is the better choice.

[Salvation]

I think you are right.

[dfwgator]

You MIGHT perhaps have a run around the web and see all the polls on this fiasco saying otherwise.

Ooooh, Internet polls, there's a good indicator. /s

[Alberta's Child]

I love Scalia and Thomas, but they both happened to be on the "wrong" side of one of the most egregious cases of judicial activism in recent decades: Bush v. Gore.

I'm sure they meant well, but they got that decision all wrong. The whole case was a disaster that never should have been decided by the U.S. Supreme Court. Having the Court get involved in a legal dispute in the State of Florida only discredited the Court itself.

The opinion in that case should have been:

This court has no authority to rule on election matters in a state that can't meet its certification deadline in a Federal election under U.S. law. All matters related to this Presidential election are to be resolved by Congress, as clearly specified in Article II, Section 1 of the U.S. Constitution.

Florida's electoral votes should have simply been tossed out, and a special election for President held in Congress as documented clearly in Article II.

Sometimes, even conservative "originalists" can get these wrong.

[Norm Lenhart]

Then wallow in misery. Not my problem.

[mykroar]

It can be undone with a Conservative Republican Congress and President. I don't like the decision but I'm see a Conservatice president running this year so I am not hysterical .

[uncbob]

Bush lost the congress PERIOD

Hell the polls show he still is unpopular

That never happened to Reagan and Bush won in a landslide
in 88 right after Reagan

[AndyJackson]

we don’t yet know the full ramifications. Perhaps this massive piece of legislation is, indeed, constitutional, but just bad law. The courts aren’t supposed to write law. Roberts tossed bad law back at the people responsible for it...I’m hearing that, because he ruled it a tax, it is now a budgetary/financial matter, which can be amended or repealed through reconciliation, which can be done by a plurality of 51 senators, not the 60 super majority.

While we cannot know the full remifications, we do know some of them, namely that it is now constitutional to compel an action or punish a non action by putting a tax on it. Can we compel you to vote socialist by putting taxes only on those who vote Republican? Why not under this idiotic decision?

[uncbob]

When money gets deducted from pay checks and small businesses must pay penalties/taxes and laymore peoeoff there will be plenty of people riled up .

That will be in 2014 LONG after this years election

[Alberta's Child]

I agree 100% that the law is unconstitutional. I'll bet Chief Justice Roberts does, too. The question here is whether it was constitutional on the basis of the legal arguments that were brought in this particular case.

I'm not sure he got this wrong, and I suspect there will be plenty of other cases (the First Amendment challenges being brought by religious groups, for example, which are being adjudicated in the Federal courts separately) where ObamaCare will be overturned on different grounds.

[mowowie]

“The precedent will be with us for decades”

Had to repeat your statement.

Now pardon me i have to go throw up for the 8th time today.

And i woke up so happy......