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To: RitaOK

You are correct, what Roberts did was damnably confusing, claiming that the mandate was a tax. And what the Obama Administration did, arguing in front of the court, made it even worse. To wit:

- To sell it to the public, it was argued that the individual mandate was a fee, not a tax, so OC could be claimed to “not raise taxes.” Nobody bought it, of course, except the media and Dem partisans.
- Then, to justify it to the SCOTUS, the Obama Administration claimed it actually was a tax after all. But this then put the entire legislation at risk because OC originated in the Senate, and a pesky clause in the Constitution clearly states that all tax legislation must originate in the House.
- Nevertheless, none of the nine justices made the claim that the entire OC was unconstitutional for this reason.

I have to believe that Roberts knew exactly what he was doing, but cannot ever say it until his memoirs are written. Why? Because he wanted the new precedents to stand exactly as they are written, and not be interpreted ad nauseum.

It also seems that his primary philosophy is judicial restraint, e.g., not writing law nor exceeding the originalist intent for SCOTUS. I bet that his memoirs will say just that, that he knew 50% of the nation would be furious regardless of what he decided, so he made the call not based on his fundamental conservatism but on his judicial philosophy, which in this case conflicted with his conservatism.

Now, I have to add this disclaimer for the peanut gallery. I am NOT trying to justify what Roberts did; I wanted Obamacare overturned too. I’m just trying to understand him. And, also, be comfortable with the fact that he was not rolled, was not bribed, is not a tool for Democrats.

If these concepts still can’t sink into your head, well perhaps you should use an augur and drill a few more holes. Because, clearly, your eyes and ears and nose are not enough to let the light inside.


68 posted on 06/17/2019 5:42:36 PM PDT by tom h
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To: tom h
Excellent analysis of the Roberts situation, BTW.

Interesting that the people who have been posting on FR for all of 12 minutes got their undies in a bunch over it...

71 posted on 06/17/2019 6:45:17 PM PDT by kiryandil (Never pick a fight with an angry beehive)
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