More Light on Obamacare Ruling

More Scorn for Chief Justice Roberts as Details of Switch Leak

As Breitbart News suggested last week, it appears Chief Justice John Roberts did, in fact, switch his vote on the Obamacare decision under pressure from President Barack Obama, the Democrats, and the mainstream media. John Fund at National Review has more details today–including evidence about a bizarre address by Senator Patrick Leahy (D-VT), chair of the Judiciary Committee, that singled out Roberts himself:

Indeed, Senator Patrick Leahy (Vt., D.) , the chair of the Judiciary Committee, suddenly took to the floor on May 14 and directly addressed Roberts, urging him in harshly partisan tones to uphold Obamacare and maintain “the proper role of the judicial branch.”

Stewart Baker, a partner at the Washington law firm Steptoe & Johnson, writes at the Volokh Conspiracy that he found the whole campaign against Roberts weird and unusual, given that the justices’ conference vote on Obamacare had been held six weeks earlier. Why “would the chair of the Judiciary Committee risk the appearance of trying to harshly strong-arm the Court when his remarks wouldn’t make the slightest difference?” he asks. “The Leahy speech reads like it was written for an audience of one. It offers flattery and it offers threats, all of them personalized to appeal to Chief Justice Roberts alone.”

Fund adds that the White House likely benefited from leaks at the Court, and almost certainly knew of Roberts’s switch–just as it almost certainly knew of the initial vote to throw out the individual mandate in March:

The week before the Supreme Court announced its decision, the White House was clearly hinting to many in the media and on Capitol Hill that they expected a 5–4 opinion that would hinge on the taxing-power issue. Did someone leak? Sunday on Face the Nation, Jan Crawford of CBS News said that two reliable

Gimme Five Up Top!

sources told her that Roberts originally voted, in late March, with the four conservative justices to invalidate the individual mandate. According to Crawford, Roberts suddenly changed sides some six weeks later and then resisted “a month-long desperate campaign by the conservative justices to bring him back to the fold.”

I’ve learned from my own sources that after voting to invalidate the mandate, the chief did express some skepticism about joining the four conservatives in throwing out the whole law. At the justices’ conference, there was discussion about accepting the Obama administration’s argument, which was that, if the individual mandate was removed, the provisions governing community rating and guaranteed issue of insurance would have to go too but that the rest of the law might stand. The chief justice was equivocal, though, in his views on that point.

The more the public learns about Roberts’s decision, the more people are likely to hate it. Fund notes that even David Brooks of the New York Times agrees that Roberts “had to get to a certain result, and he was going to find a way by hook or by crook.” It’s a conclusion that aptly expresses how Obamacare was conceived, how it was passed, and now how it has been upheld by one of the worst decisions in recent years.

Common Constitutionalist note: I contend that Justice Sonia Sotomayor was placed on the court expressly for the Obamacare vote and that Justice Elaina Kagan is the leak. In my opinion, it’s common knowledge regarding the wise Latina. I have no proof regarding Kagan, but she is a Obama sycophant, and ran in the same academic circles from her time in Chicago, even hiring the radical friend of Obama, Cass Sunstein.

Yamamoto Redux

by: the Common Constitutionalist

Admiral Isoroku Yamamoto said after the Japanese attack on Pearl Harbor, “I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.”

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.

Keep Smiling Comrade Roberts

 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.