by: the Common Constitutionalist
I hope this is exactly what has happened. Following the unbelievably bad decision doled out by Chief John Souter-Roberts and the other hacks on the bench, I believe conservatives will rise up & turn out in mass this November. They must!
Shockingly, I’ve already heard more than once today, Justice Roberts apologists trying to explain that Roberts is conservative but just got these 2 decisions (Arizona & Obamacare) wrong.
BULL CRAP!! You are the Chief Justice of the most powerful court in the world. He can’t and I contend, he didn’t “get in wrong”, in his eyes.
There are 2 likely scenarios presently floating around to explain his actions.
Scenario number 1, is that he has always been a moderate to liberal judge and was appointed by a like-minded individual, George W. Bush. Number 1A is that “W” insisted he did not have a litmus test for appointment to the court. Roberts was asked no hard questions and could better hide his true positions.
I think this is a mistake. The president should have a “litmus test”. How else would one find out how a judge will rule. I certainly would have a test. What the heck is so wrong with knowing where a candidate stands before potentially making a permanent mistake. After all, these are lifetime appointments.
It would be like hiring an employee with a wholly inadequate interview, and once he is hired, he makes all the wrong decisions, but you may never fire him, nor may you ever leave the company. You are stuck with him in perpetuity.
Scenario number 2 has been put forth today. It is that Roberts was somehow pressured from without to change his position. Could be. If that’s the case, I have even less respect for him than I did. I believe this scenario to be unlikely.
How, after all this time of hearing the tax is not a tax but a penalty, has it magically become a tax again. Simple. Like activists do, they just change the language. Simply reinterpret the penalty clause so it’s now a tax. Roberts all but comes out and states that the congress didn’t realize it was a tax when they labelled it a penalty. Wow, Congress sure is stupid.
Thank heavens the Chief Justice was there to set them straight. The problem is that congress knew full well Obamacare wouldn’t have passed to begin with if the penalty was called a tax. Obama said it himself on several occasions. That’s why they labelled it a penalty in the first place. Those who crafted this piece of crap knew exactly what they were doing. and how to properly word it.
So now the precedent has been set. Congress may now tax us for virtually anything they please in conjunction with the health of the citizenry. And, of course, everything can be said to involve our health. The food you consume, the car you drive, where you live, etc.
But, you say, we can elect those who promise to repeal Obamacare in full. That will take care of it, right? Only partially. The law would be no more, but the Supreme Court taxing precedent cannot be undone without the court, itself, reversing it. What are the odds of that happening?
Don’t listen to the inside-the-beltway apologists like George Will, Charles Krauthammer, or even Erick Erickson. There was no lesson learned, no victory of any kind.
If you want to learn something, read the dissenting opinion of the 4 justices that stood up for us and more importantly, took their job seriously and did the only thing they were appointed to do, stood up for the Constitution.
Thank you Justices Sam Alido, Antonin Scalia, Clarence Thomas & I can’t believe I’m doing this, but also Anthony Kennedy. We had this won but for Roberts.
Never thought I’d say this either but, GO MITT!
Then we need to “repeal & replace” everyone in the republican leadership, both in the House and Senate.