Skip to comments.Actually, Justice Roberts Demolished Obama In His Supreme Court Ruling
Posted on 06/28/2012 9:09:26 PM PDT by little jeremiah
....But while Roberts may have saved Obama's signature domestic legislation and perhaps his reelection campaign by siding with the court's liberal wing, he actually did it in spite of Obama, not because of him.
Roberts' opened his opinion today by declaring, unequivocally, that the individual mandate which requires people to buy insurance or pay a penalty is not constitutional under the Commerce Clause or the Necessary and Proper Clause. It's a direct shot at the Obama administration's defense of the law's constitutionality, which largely relied on those two clauses, which give Congress the power to regulate commerce and to enact provisions that are necessary to carry out its laws, respectively.
(Excerpt) Read more at businessinsider.com ...
Also he had the perfect case to squash the abuse of the Commerce Clause and strike down Obamacare.
Lastly, he has thrown the door wide open for them to claim it is a tax, and see if there are enough tax paying voting citzens to do something about it.
I do not share your kudos for Roberts.
Yep, start with that (and I won't get into the monkey business of actual passage...) Then face the challenge from the first taxpayer who goes before the court to challenge being charged a tax for not doing something. This bill is far, far from being settled law, as much as the liberals want to imagine it is.
Would I have preferred Roberts to simply toss the bill in it's entirety? Yeah, I would have. Will I settle for vast openings to dismantle it as well as a 9-0 vote on the commerce clause being limited? I'll pop the bottle of bubbly for that and make ready for the next battle.
Kudo’s to Roberts for telling the American voter to get their act together.
Really the fake CC argument should have been an embarassment to any American who has a half a clue but I guess we have to pretend to take this rediculous stretch from the left seriously?
I mean the CC argument is elivilent to someone suing you because they slipped on an alleged banana peal on someone else’s property.
Although, it kind of makes Obama look like an ass or I should say even more of an ass. I mean he insisted in wasn’t a tax.
Now the left is spinning it as a win.
it seems nearly impossible that even bone head Team Obama will raise the needed taxes needed to fund this spruce goose.
Or, the votes to fund it...?
If you think of the individual mandate like .... something similar to the marriage penalty then you can see how Roberts found this constitutional.
Everyone married who chooses not to get divorced pays in effect a marriage penalty on their choice to not get divorced in the form of a higher tax rate. This is an existing example of people getting taxed on inaction.
The government is in affect mandating that everyone remain single and anyone who chooses to get married must pay a penalty.
Nothing is bought or sold, and yet no one claims that the government can't tax couples a higher rate than individuals.
Didn’t Congress just ship our vote-counting to a foreign country? To a company owned by Soros?
:: nearly half of the people pay no taxes, yet they vote. ::
By extension, neither will they be required to pay the HealthCare Tax for not having HC Insurance. General fund taxes will pay for that.
If Obamugabe is re-elected, there WILL be a confiscation of some sort regarding the “inactive” funds found in 401K accounts.
He could just as easily done that while throwing out the law. That he treated it as severable at all, much less offered his redefinition of interpretation, is totally out of line.
Kind of what I am feeling too really. Are the conservatives on the court just not as smart? That’s what I don’t get. It just doesn’t make a lick of sense. Arguments about what Roberts did actually being a great thing are making me see red right now. Leave it up to our elected officials? We’ve been betrayed by them long enough!
Why would exchanging one rabid leftist for another rabid leftist be much of a threat?
Sure, we just have to rely on our elected leaders right? Not like they have any real skin in the game. Their own health and retirement plan remains. I am entirely too pessimistic to attempt to see any silver lining to a ruling that could have killed the bill. I think the liberals on the court are laughin their butts off! Rely on the voters and who they elect to make it right? Ha! Have you seen who we have been electing for the last 20+ years?! Mostly traitors and Lilly-livered weasels. Roberts tried to be smart? Maybe, but he fooled himself and will be remembered as the guy who helped kill America.
Remember when Carter told the states they had to drop the speed limit on the Interstates to 55 mph to save on gas? The threat was that he would withhold DOT Highway Funds from the states that didn't comply.
Remember when some president decided the drinking age was 21 and was going to withhold highway money if a state didn't comply?
All that kind of manipulation has been tossed in the trash heap by this ruling. Don't think any of the talking heads have figured that out yet.
It’s simple, Bush wanted to appoint a liberal so he tried
Harriet Miers but she was a no go so they sent in a stealth
liberal and we got Roberts. Or, Bush was the bozo that
SNL tried to make Ford out to be and he got duped. Either way
Roberts is not the conservative he lead us to believe at his
confirmation hearings so he’s either a lying snake in the grass or he’s been compromised.
If he did, he was too cute, by half.
There is nothing positive there. We have been placed on notice that we can and will be taxed for both an action or an inaction, whichever the government deems fit at the time. They just can’t use the Commerce Clause as justification.
The right thing to do was nullify the entire thing, kick it back to the legislature and have them re-vote on the mandate as a tax. But instead, he dispensed with the messy legislative process and wrote and approved it for them..
No Mr Roberts, we don’t need to be save from ourselves, we need to be saved from black robed idiots that forget why the constitution provided the power of making law and levying taxes to the representatives of the people, not yourself.
I wonder how this same reasoning might apply to Roberts decision in the Arizona case.
Insofar as it’s a line item on your income tax form I can grudgingly accept the notion “it’s a tax”, comparable to the reprehensible “you owe $1000 unless you have a kid with a SS#”. The terminology doesn’t line up with the semantics, but the end practical result is the same: you’re taxed $X unless you can demonstrate a qualifying deduction, which is a long-accepted norm.
As you note, as such the free-flowing exemptions to supporters come to a screeching halt today - or it gets ugly for Barry.
Insofar as very few people won’t be able to claim the qualifying deduction, or won’t otherwise have other deductions reducing total tax to $0 (the infamous 47%), the number of people actually subject to the tax will be very small and very little money raised thereby (well, relative to the spending Barry alleges it will offset).
It does seem to be the one piece of good news, but could they turn around and pass a targeted tax directed at red states that would tax any state that didn't expand the medicaid rolls. It is hard to rule out any idea in this environment.
Thanks for the link to Mr. Schiff’s commentary. Very timely as usual.
What a shame Connecticut didn’t see fit to send him to DC.
It was never the intent of the democraps to raise revenue. It has always been their agenda to collpase the insurance industry and establish ‘single payer’. It has always been the agenda of these same treacherous democrats to collapse the US economy so we the people are no longer sovereigns and The UNited States come under UN/global governance. Roberts has handed the treacherous bastards the means by which they can now herd US all via punative taxation ... unless we throw this sh!t out with extreme prejudice.
If tax law can be changed veery two years, then how do we change the tax law ROBERTS enacted yesterday?
Tell me, how do we vote Roberts out?
When’s he up for re-election, and what is his district?