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Roberts' Trojan Horse
self | 10/19/2013 | LS

Posted on 10/19/2013 9:01:26 AM PDT by LS

Few people are as unpopular on the right at Chief Justice John Roberts. He is viewed as having legitimized Obamacare. But did he?

My understanding of the "leiu" (the law, according to Inspector Clouseau) is that for a suit to have merit there must first be a harm. Keep that in mind.

Matt Sissel currently has a suit against Health and Human Services on appeal claiming that Obamacare, since it was ruled a "tax," in fact violates the Constitution's origination clause that all tax bills must originate in the House. According to Andrew Kostler at the Heritage Foundation, the concept has merit.

The difficulty, he argues, is that often courts don't want to get into the legislative one-upsmanship. However, Sissel's case will come up for review soon.

According to Kostler, the Origination Clause was breached. It was first introduced on in the House as a resolution called the "Service Members Home Ownership Tax Act of 2009." The House passed that measure, but the Senate used it as a vehicle for a health-care overhaul. The House bill in the Senate was "gutted almost entirely" and retitled the "Patient Protection and Affordable Care Act," passed in 2009.

If the appeals court rules in Sissel's favor, he could obtain an injunction.

Personally, I think a real case will await the first imposition of a real tax penalty or fine in January which would generate a new, possibly stronger case. If that occurs, Roberts could very well have been admonishing conservatives to get on the stick when he said that it wasn't the Court's job to correct bad legislation and may have been winking and nodding a message: "you have the means right now to stop this once I deemed it a tax and no one objected."

It will be interesting to see where this path leads.


TOPICS: Constitution/Conservatism; FReeper Editorial; Politics/Elections; Your Opinion/Questions
KEYWORDS: blackmail; house; johnroberts; obamacare; roberts; scotus; senate
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To: LS

If Roberts was trying to send a message or a clue why didn’t he just write it into his decision or just come out and say it? So what, in 5 years when the country can no longer function he’s going to come out and say, “hey if only you would have read between the lines or been a brilliant legal mind you could have stopped this”? B.S., he screwed us!


41 posted on 10/19/2013 11:41:42 AM PDT by snippy_about_it
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To: ilgipper

I wonder if his rope-a-dope act was related to his photo being taken with a briefcase going into the Vatican Bank on Malta. I think this is what was shown on the internet. At least somewhere in the files of the net there is a photo.


42 posted on 10/19/2013 12:01:18 PM PDT by noinfringers2
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To: Jedidah
I’ve thought that was Roberts’ intent since the ruling came down. “You made a mess; I’m giving you a way to fix it if you are smart enough to figure it out.”

I'm with you on that, especially if the "tax" argument wasn't brought up in the Supreme Court hearings.

Question to those more familiar with what happened in those hearings ...

Was the taz aspect brought up in the hearings?

43 posted on 10/19/2013 12:07:21 PM PDT by OldNavyVet ("Learn from science that you must doubt the experts" ... Richard Feynman)
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To: snippy_about_it
If Roberts was trying to send a message or a clue why didn’t he just write it into his decision or just come out and say it? So what, in 5 years when the country can no longer function he’s going to come out and say, “hey if only you would have read between the lines or been a brilliant legal mind you could have stopped this”? B.S., he screwed us!

Spot on. Wiser, uncorrupted minds simply voted to flush the obvious Obamaturd.

44 posted on 10/19/2013 12:11:25 PM PDT by Ezekiel (The Obama-nation began with the Inauguration of Desolation.)
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To: LS

Roberts could have ruled against Obama care based on the 10th Amendment but instead supposedly ruled against it and allowed it to be implemented while throwing out the 10th. What kind of logic is that?


45 posted on 10/19/2013 12:15:35 PM PDT by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Cicero

How old are those kids now? When does the threat become useless?

I remember the NY slimes came out with a piece about Robert’s kids a few months before the ruling. It must have been the shot across the bow, he horse’s head in his bed... “sell out the entire country or lose your kids”.

No profile in courage for him.


46 posted on 10/19/2013 12:31:39 PM PDT by Aria ( 2008 & 2012 weren't elections - they were coup d'etats.)
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To: onedoug

Roberts would just vote with the libs again. His legacy means more to him than the Constitution.


47 posted on 10/19/2013 12:31:51 PM PDT by Askwhy5times (http://bluegrasspundit.com/)
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To: Askwhy5times

I strongly believe Robert’s legacy is very dependent on his personal situation including money. The guy was conditioned to supporting the ‘new world order’.


48 posted on 10/19/2013 12:38:12 PM PDT by noinfringers2
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To: LS
Follow the link embedded in this post that was sent to me for a 3-page Forbes review of pending Supreme Court cases that remain that challenge Obamacare.

Of note is the first case in this review that tests the Origination Clause. They are unclear as to whether the Court would consider this a "technicality" or would scuttle the whole thing over it.

On the one hand, the Senate took a bill that originated by Charlie Rangel in the House, but gutted it entirely and replaced it with Obamacare. On the other hand, if the Court doesn't uphold the spirit of the Origination Clause, they are effectively removing the power of the purse from the House forever more.

So the question is, is John Roberts up to the task of spliting that hair? Will he be seen as overturning Obama's "signature" transformational law on a technicality now, when he had the opportunity to stop it previously on much surer ground?

-PJ

49 posted on 10/19/2013 12:41:50 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: freebilly
The opt-out "tax" is extortion to free people who can afford to do so from Obamacare. They'll subsidize the federal program while developing a network of alternatives out of the system.

I wonder which system will have the best medical professionals and more options being made available to patients.

50 posted on 10/19/2013 12:44:43 PM PDT by grania
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To: Aria
I don't find anything on how old the kids are. Roberts was married in 1996. I found a photo of the family with the date 2013 in it, but that may just be the date it was uploaded or posted:


51 posted on 10/19/2013 12:55:07 PM PDT by Cicero (Marcus Tullius)
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To: LS

I hope so, but I think they managed to blackmail him. Scalia was livid at his last minute change and his opinion was incoherent by Robert’s standards. Just wish he had the guts to say” I am gay, so what?” Or whatever it is they got on him.


52 posted on 10/19/2013 1:04:20 PM PDT by MattinNJ (It's over Johnny. The America you knew is gone. Denial serves no purpose.)
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To: Cicero

So still young.

He should resign for that ruling but then zero would replace him which would probably be worse.

Thanks for the photo.


53 posted on 10/19/2013 1:11:44 PM PDT by Aria ( 2008 & 2012 weren't elections - they were coup d'etats.)
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To: goodnesswins

Beautiful Oregon - where the state will tell you you’re not worth the money and will only give you pain pills until you die.

Now at some point most of us will be stuck with the “not worth it to the state” mentality.

This is no longer my country.


54 posted on 10/19/2013 1:19:34 PM PDT by Aria ( 2008 & 2012 weren't elections - they were coup d'etats.)
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To: LS

John Roberts is a miserable failure, his sins will never be expunged, if Obamacare destroys America the blood will be on his hands. I hope the goody two-shoes wife and kids are real proud of him.


55 posted on 10/19/2013 2:04:03 PM PDT by jocon307
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To: LS

It wasn’t Roberts’s job to wink at anybody. His job was to find that the penalty was an unConstitutional attempt by the Congress to coerce citizens’ to buy something.

In a healthy republic, most of the USSC justices of the past century would have been impeached.


56 posted on 10/19/2013 4:11:32 PM PDT by Arthur McGowan (If you're FOR sticking scissors in a female's neck and sucking out her brains, you are PRO-WOMAN!)
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To: LS
Nothing ever comes from ANY of the MANY scandals of this administration.

Check for yourself. ANY INDICTMENTS for any thing thus far??? (Fast & Furious, Benghazi, IRS, NSA)

Welcome to Washington's version of Kabuki theater.

"Welcome my friends to the show that never ends"

57 posted on 10/19/2013 10:23:51 PM PDT by VideoDoctor
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To: Cicero; Aria; MestaMachine; Rushmore Rocks; Oorang; sweetiepiezer; txnuke; La Lydia; aragorn; ...
Found this:

"President Bush made his announcement on national television that John Roberts would be the next Supreme Court justice in July 2005. Their five-year-old son Jack..."

Read More:

http://www.irishcentral.com/news/Life-with-Chief-Justice-Roberts--.html#ixzz2iJNv1prx

Jane and John with their children Jack and Josie at the Glen of Aherlow in Tipperary in 2008
.

.

.

58 posted on 10/20/2013 5:38:20 PM PDT by LucyT
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To: LucyT

Thanks, Lucy. Interesting. I don’t know if anyone would try to take the kids away at this point. But if it’s true that they were illegally adopted, in violation of Irish law, that could be awkward for a Supreme Court Justice.


59 posted on 10/20/2013 6:05:27 PM PDT by Cicero (Marcus Tullius)
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To: LucyT; All

Well if no one else is gonna spill the beans I guess I will.I have been posting this for months now.Roberts was blackmailed by the regime.

Did you all think he had Kennedy up his butt for a month just for grins! He was gonna vote against o-care but the regime busted his butt. Do not ask for links they are all over the web. Even the nyt looked into this and they stopped once they found out he adopted blue eyed blonde haired kids supposedly from central America,yeah rightttt.

They were of course from his wifes familys home town in Cork County, Ireland. He smuggled them into the states and got busted by the regime. This is only the 50th time I have written about this crap finally its getting a little traction. Heres one you can look up the rest yourselves.

http://patriotaction.net/profiles/blog/show?id=2600775%3ABlogPost%3A6094861

ok heres another

http://www.t-room.us/2013/01/unraveling-the-mystery-behind-chief-justice-roberts-sudden-switch-to-rule-in-favor-of-obamacare/


60 posted on 10/20/2013 8:17:50 PM PDT by rodguy911 (FreeRepublic:Land of the Free because of the Brave--Sarah Palin our secret weapon)
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