June 29, 2012
— Ace First, more evidence that Roberts was in fact swayed by political, not legal or constitutional, pressure. You can read the evidence that the dissent was originally the majority opinion at the link; I'll quote the stuff about politics on the Court.
I should note that I think the Supreme Court is a political body (which is not to say that its decisions are primarily motivated by partisanship or political ideology) and that one can expect that the CourtÂ’s rulings are affected by outside events. As I noted long ago, the challenge to the individual mandate would have stood no chance if the president and the ACA were riding very high in the polls, as the Court would not have had the political wherewithal to write what would be seen as a radical opinion invalidating a popular law from a popular president. Similarly, the level of heat defenders of the ACA were giving the Court could have persuaded Roberts that discretion was the better part of valor...[I]t is ironic that while liberal critics were quick to accuse the Court of playing politics by taking seriously the Obamacare challenges, it may turn out that it was only politics that saved the ACA.
What galls me is that a majority of the public wanted this overturned -- but we don't count. What counts is the opinion of the elites Roberts socializes with. They are a decided minority, but continue imposing their political will on the nation as if they were a majority.
And the actual majority? The Little People don't count. They don't have the right schooling, nor the socialization to truly understand how to best manage their affairs.
I was just reading a bit about the making of The Good, the Bad, and The Ugly. Sergio Leone included a brutal Union prison camp; he noted that there was a lot written about the Confederates' brutal prison camps (like Andersonville) but nothing about the Unions' similar camps. The winners, he noted, don't get written about that way.
Roberts has aligned himself with the elites, who he supposes will be the Winners, and will thus have the final say in the history books about him. And he's probably right that they will have the final say: Conservatives simply do not have much sway at all in some of the most critical institutions in America. And we'll continue paying a high price for that until we change that.
Politics is culture, and culture is politics. Until we claw into a position of near parity in the academic, legal, and media guilds, the liberals will continue to have the power of declaring who are heroes and who are villains.
And weak men like John Roberts will continue kowtowing to their judgments.
Posted by: Ace at
04:11 AM
| Comments (217)
Post contains 470 words, total size 3 kb.
Posted by: Temper Tantrum at June 29, 2012 04:18 AM (AWmfW)
Any SCJ who willingly voted to condone this gross and obvious illegality is not only a failure in terms of doing what the job demands, but an outright traitor. May each one die in a fire.
The only excuse I'd have any sympathy for in this case is that they were threatened - which may be a real possibility these days. Who knows what has been hinted at behind closed doors?
Posted by: Reactionary at June 29, 2012 04:21 AM (xUM1Q)
Posted by: Serious Cat at June 29, 2012 04:21 AM (zrpqj)
We are taught that Marbury v. Madison is heaven on earth while Lochner is so disgusting it deserve laughing contempt.
Two solutions.
(1) no more lawyers on the Supreme Court.
(2) remove cases involving constitutional limitations of power from the federal courts' jurisdiction. It seems we spend a lot of money and waste a lot of time just to reach the inevitable conclusion that there are no bounds on Congress' power. Rubber stamps would work just as well as those cocksuckers in robes. And a fuck lot cheaper too.
Posted by: COUP D'ETAT at June 29, 2012 04:22 AM (qxcKC)
Moreover, we can both point out that the CJ failed, and go after Obama, at the same time.
Posted by: Popcorn at June 29, 2012 04:22 AM (OOehk)
Posted by: ace at June 29, 2012 04:23 AM (aw5Tx)
Posted by: Lady in Black at June 29, 2012 04:23 AM (vOMX+)
Posted by: Mr Pink at June 29, 2012 04:23 AM (GZhKn)
That about sums him up.
Unfortunately there are far too many weak men in positions of power in our ever expanding government, and in his case Supreme power.
Posted by: ontherocks at June 29, 2012 04:24 AM (aZ6ew)
“ It is not our job to protect the people from the consequences of their political choices.” CJ Roberts
Bingo. Folks voted in the 'transformational' Barry. Hopefully, we can vote him out and repeal the law.
If there are new legal ramifications re: the mandate really being a tax, and the law not being properly crafted in the proper house AS a tax, you can bet a new court challenge will be forthcoming.
Posted by: Lizabth at June 29, 2012 04:24 AM (JZBti)
Posted by: ace at June 29, 2012 04:24 AM (aw5Tx)
Posted by: Serious Cat at June 29, 2012 04:25 AM (zrpqj)
^^^^^T H I S^^^^^
Posted by: Glaucon at June 29, 2012 04:26 AM (mP9Rx)
On the bright side, Mrs. Chief Justice can now go out and buy new cocktail dresses for all those liberal cocktail parties they'll be invited to. Hope they choke on the hors d'orves.
Posted by: Lily at June 29, 2012 04:26 AM (igSv+)
Posted by: BP NJ at June 29, 2012 04:26 AM (ph70Q)
It does not matter what the wishes or desires of the people are, the tides move in the preferred direction of our betters and masters.
We might think we are electing people to move us in the right direction or at the very least slow down the inexorable move towards socialism, you would be wrong.
Posted by: General Woundwort at June 29, 2012 04:26 AM (06lNq)
I'm not buying that.
Aside from his obtuse and convoluted decision without constitutional merit defining this merely another tax, there are the natural rights loss not considered in Roberts' decision.
ObamaCare isn't simply fiscally bankrupting to America. And it isn't simply going to force American citizens to accept eugenics as determined by a federal bureaucrat. By declaring ObamaCare to be "constitutional", Roberts' SCOTUS has left the Individual American Citizen without recourse when the IRS absconds with that citizen's private property because that citizen refuses whatever "medical treatment" the federal bureaucrat demands, regardless of "choice". There is no such thing as free will according to this federal authoritarianism. We no longer own our own selves, body and mind. Don't say it's tinfoil hat lunacy when in the end, that's what comes of it all. When the IRS takes your property and throws you in prison for noncompliance, just how will you exercise your Liberty that no longer is given "standing" in Marxism?
Posted by: maverick muse at June 29, 2012 04:27 AM (BAnPT)
Posted by: Ward of the State #4559141A at June 29, 2012 04:27 AM (trJge)
Posted by: Serious Cat at June 29, 2012 04:27 AM (zrpqj)
Posted by: Mr Pink at June 29, 2012 04:28 AM (GZhKn)
My only question is will Romney follow through...I give that 50/50
Posted by: rukiddingme? at June 29, 2012 04:28 AM (MbeEN)
Posted by: mr.frakypants at June 29, 2012 04:29 AM (2B4de)
Posted by: Serious Cat at June 29, 2012 04:29 AM (zrpqj)
Posted by: Hunter at June 29, 2012 04:29 AM (ibzGy)
ABC 'Nightline' anchor Terry Moran joined Top Line for a special edition dissecting the Supreme Court's decision on health care, a blockbuster ruling which upheld President Obama's signature piece of legislation. And the president and supporters of the law were not the only victors.
Chief Justice John "Roberts rode to the rescue of the Obama health care plan, and maybe rode to the rescue of the Supreme Court, as well," says Moran, who has been covering the Supreme Court for many years.
The justices have seen the esteem for the court diminish over these hyper partisan years. Since Bush v. Gore, polls show Americans feel less confident in the court. The court has no way to enforce its decisions except in the confidence of the people.
The Supreme Court has been damaged since 2000 but now by bending over for Barry everything is peachy again. Liberal stupidity at its finest.
Posted by: TheQuietMan at June 29, 2012 04:29 AM (1Jaio)
He certainly had the votes for that approach and the fact that everyone and their brother on the demo side said it wasn't a tax would have shielded the Court from criticism.
It may have been 11 dimensional chess, but I sure can't understand why he didn't make the same moves from the right side of the court.
But, I no longer care. I got an email from a bank executive in Singapore last night and we'll be splitting $38m that a rich man with no apparent heirs left in the bank. All I have to do is send my personal and banking information to this executive and he's going to wire the money into my account.
It's legitimate, bitches.
There will be blood.
Posted by: The Hammer at June 29, 2012 04:30 AM (y/w2M)
We're willing to put Justice Roberts right up there with Levi Johnson.
Posted by: The MBM at June 29, 2012 04:31 AM (/ZZCn)
Posted by: Hunter at June 29, 2012 04:31 AM (ibzGy)
Posted by: drawandstrike at June 29, 2012 04:31 AM (8sTGK)
Posted by: packsoldier at June 29, 2012 04:31 AM (oQM5T)
Posted by: AuthorLMendez at June 29, 2012 04:31 AM (yAor6)
Posted by: Mr Pink at June 29, 2012 08:28 AM (GZhKn)
They didn't just uphold it , they REWROTE it to uphold it! How much more activist can they get?
Posted by: Temper Tantrum at June 29, 2012 04:32 AM (AWmfW)
Posted by: Matt S. at June 29, 2012 04:32 AM (moRRg)
Posted by: Serious Cat at June 29, 2012 04:33 AM (zrpqj)
Posted by: TheQuietMan at June 29, 2012 04:33 AM (1Jaio)
Insult to injury, I tried buying shares at Intrade to at least make some cash on it. Lo and behold, theres a "problem" adding money from my location. Contact my bank. Further investigation finds that the US DOJ has told banks to block cards from working with Intrade.
Thanks goes out to both parties for that bullshit. Someone owes me $30, which is what I would have made on $30
Posted by: Hal Burton at June 29, 2012 04:33 AM (iYvMQ)
“ It is not our job to protect the people from the consequences of their political choices.” CJ Roberts
Posted by: Lizabth at June 29, 2012 08:24 AM (JZBti)
This is wrong. That is exactly their job. Otherwise their supposed duty to insure the constitutionality of legislative action is really non-existent. They are supposed to be the barried against this kind of thing.
Further, to suggest that this abortion of a bill was passed under circumstances remotely resembling what a normal American citizen would consider to be a democratic process is absurd. Has everyone forgotten that this bill was passed via chicanery? Even among your average lame-brained Dem voter, how many really thought they were voting for a law-breaking turd when they elected their representatives? If the courts thing the fraud victim is always to blame, then why do we have laws about fraud at all?
Posted by: Reactionary at June 29, 2012 04:33 AM (xUM1Q)
-- Considering they were being called partisan hacks before votes happened, no. Nothing ever will shield the court from criticism when they offend certain political groups.
Posted by: Matt S. at June 29, 2012 04:34 AM (moRRg)
Bingo. Folks voted in the 'transformational' Barry. Hopefully, we can vote him out and repeal the law.
-------------
Here's where I strongly disagree w/ Roberts, fwiw. If a Hugo Chavez manages to tell enough lies and fool enough people to get elected as POTUS, then gets in and wreaks holy hell havoc on the supreme law of our land, it's the job of the SCOTUS to say, oh no you can't....regardless of the fact Hugo Chavez was elected. See this here? This document called the Constitution? It's our job to uphold what it says and prevent gov't from eating everything in its path, stealing individual freedom every step of the way. Roberts didn't do that. In fact, he easily could have, but reworded this POS to fit in with his belief that Congress does have the ability to tax. He took something, molded and massaged it a bit to fit. It was dreadfully wrong.
Posted by: Lady in Black at June 29, 2012 04:34 AM (vOMX+)
No. Just a realist.
I don't really know what else to say on this.
We have a law passed using illegal maneuvers, affirmed by a court using illegitimate and spurious reasoning and about to be implemented by an executive who recognizes not limits on his power to fundamentally transform our country.
It's a sad day for this country.
Posted by: General Woundwort at June 29, 2012 04:34 AM (06lNq)
Unfortunately for the un and underemployed that is no longer likely.
No economic rebound, but victory laps for Obowbow none the less.
Posted by: ontherocks at June 29, 2012 04:34 AM (aZ6ew)
Posted by: drawandstrike at June 29, 2012 04:35 AM (8sTGK)
Posted by: eat chocolate at June 29, 2012 04:35 AM (HOOye)
Posted by: Gregory of Yardale at June 29, 2012 04:35 AM (aGX9l)
Posted by: Serious Cat at June 29, 2012 08:33 AM (zrpqj)
Aha! I wondered how the Dems would exempt themselves. Now I see it.
Posted by: Reactionary at June 29, 2012 04:35 AM (xUM1Q)
Posted by: mputtre at June 29, 2012 04:36 AM (EjomV)
On page 12 of the pdf:
It is not our job to protect the people from the consequences of their political choices.
I believe that Roberts knows what he is doing and wants the people to regroup to get this killed in the election box. This is why voter fraud needs to take up space on a front burner.
Posted by: sTevo at June 29, 2012 04:36 AM (nJgQM)
Posted by: Mr Pink at June 29, 2012 04:36 AM (GZhKn)
The first battle is made easier by this decision as it places the weight of this tax increase squarely on the dems' and Obama's shoulder's, and there are some nice money shots out there with Obama rejecting that the individual mandate penalty is a tax. (Let's Bush '41 this guy.) This was not a bi-partisan effort - the dems and Obama made sure of it - and the voters will remember it. It is unpopular for a reason. It's a nice political byproduct of any repeal effort that the dems are going to have to own this tax increase during a recession and after Obama's promise to not raise taxes on anyone below X income level. (Some constitutional scholar, eh?) Let them choke on it come November.
The second battle is more difficult. The only good thing that came out of this decision is that we finally found out an end to the limitless expansion of the commerce power, which has been expanding ever since the FDR era. This may result in a constitutional amendment to be able to ultimately limit what the government can compel an individual to do under the taxing power.
The suckers crowing about health care this and health care that, we won, and so on, seem yo fail to recognize the importance of this expansion of federal power. That is, they will be eating their words once governments start exploiting this poor decision to compel individuals toward or against behaviors that are an anathema to them (e.g., gun ownership, abstaining from abortions, charitable giving, community service etc.).
Yesterday was a sad day in the history of this country, regardless of your stance on the ACA or your political tendencies.
Posted by: Flounder at June 29, 2012 04:36 AM (Kkt/i)
Posted by: Ward of the State #4559141A at June 29, 2012 04:37 AM (trJge)
It hurts deep down, way deep down to admit what has happened.
It's happened again and again, it's been happening for years and now we are on just about the last hill to die on.
Miss Marple is sort of right, but so is Ace. We really don't know WHY Roberts did what he did. I really don't think it was about social identification. Maybe he was threatened, maybe he was undermined in a way we will never understand.
But it doesn't really matter. Because this is the way things are NOW.
I frankly have little faith or belief that the election this fall will fix what's wrong. I don't think what's happened to this country is fixable in the short or middle term. I think we will have to go through years of really terrible things, and even then, it is not a sure thing we will ever get back to anything like a Constitutional Republic, because the Republic is now dead.
Say that again and remember it going forward. The Republic is now dead.
Posted by: Reader C.J. Burch writes.... at June 29, 2012 04:37 AM (RFeQD)
Posted by: runner at June 29, 2012 04:37 AM (WR5xI)
Posted by: AuthorLMendez at June 29, 2012 04:38 AM (yAor6)
Posted by: The Hammer at June 29, 2012 04:38 AM (y/w2M)
Posted by: Popcorn at June 29, 2012 04:38 AM (OOehk)
Posted by: eat chocolate at June 29, 2012 04:39 AM (HOOye)
Posted by: navybrat at June 29, 2012 04:39 AM (LRY2r)
Posted by: Lily at June 29, 2012 08:29 AM (igSv+)
***
Thanks for the heads up. I'll try to be there.
Posted by: Nash Rambler at June 29, 2012 04:39 AM (vXucy)
Here's my two cents:
1) Roberts is no longer what we thought he was.
2) There aren't enough of us center-right folks in the country anymore to affect the magnitude of course-correcting needed. We may win some here and there, but the trend is still to the left.
As more and more time goes by, we aren't gaining enough ground to swing it back. Why? Because people like the fact that someone else is large and in charge and taking care of them with someone else's money. In short: we're fucked. Steel yourselves as best you can and prepare for the worst.
Posted by: EC at June 29, 2012 04:39 AM (GQ8sn)
Again, Roberts was not playing some sort of 3D chess.
He had the opportunity to the the right thing, the constitutional thing and
he let those who would destroy this country sway him.
Posted by: General Woundwort at June 29, 2012 04:39 AM (06lNq)
Posted by: Lady in Black - ObamaCareTax opponent - This means war, bitchez at June 29, 2012 04:40 AM (vOMX+)
Posted by: eat chocolate at June 29, 2012 04:40 AM (HOOye)
Umm...no.
The federal government can now say "Hey, you need to buy a specific car...and if you DO NOT, we will tax you the current retail price of the car minus $1 (to stay in Robert's ruling that it's ok because it's LESS than the price of the good)."
Enjoy being a slave, because Roberts was a giant douchebag and turned into a lefty swing vote for the SC.
Posted by: GMan at June 29, 2012 04:40 AM (sxq57)
Posted by: Gregory of Yardale at June 29, 2012 04:40 AM (aGX9l)
Posted by: Serious Cat at June 29, 2012 04:40 AM (zrpqj)
Posted by: drawandstrike at June 29, 2012 08:31 AM (8sTGK)
LOL. The media will not allow it to go down that way. They're going to spin spin spin and push this thing down the memory hole as hard as they can until the election is over. The only coverage this will get is a spewing of praise, reminding folks how the EVIL insurance companies will be fored to let them cover little Johnny until he's 26.
Posted by: Reactionary at June 29, 2012 04:41 AM (xUM1Q)
Posted by: sTevo at June 29, 2012 04:41 AM (nJgQM)
Posted by: Matt S. at June 29, 2012 04:41 AM (moRRg)
Posted by: Hal Burton at June 29, 2012 04:41 AM (iYvMQ)
Legislating from the bench has set a new standard.
Posted by: Dang at June 29, 2012 04:41 AM (Ky1+e)
Lots of bad guys in this play; Congressmen who voted party line against their own and their constituents feelings; Industries that sold out to make a deal behind the scenes like the pharmaceutical companies, Individual politicians that had it in their power to stop this travesty but sold out for money; and lastly a horrible rump of a free press that has abandoned its role in our society.
We have one slim chance to recover somewhat, and that is in November. If we lose then, the that's the ballgame.
Posted by: Jinx the Cat at June 29, 2012 04:42 AM (l3vZN)
But, but...we won the Commerce Clause argument!
Yippeee!!
Posted by: Glaucon
Now we shall triumph in Moot Court!
Posted by: Yale Law Bush III
Posted by: Laurie David's Cervix at June 29, 2012 04:42 AM (kdS6q)
Posted by: runner at June 29, 2012 04:42 AM (WR5xI)
Posted by: Glaucon at June 29, 2012 08:40 AM (mP9Rx)
Cold comfort, that. We're still stuck as subjects, rather than citizens.
Posted by: blue star at June 29, 2012 04:43 AM (PE7OR)
Posted by: Mr Pink at June 29, 2012 04:43 AM (GZhKn)
We'll only know this for certain with the next controversial case.
Posted by: kali at June 29, 2012 04:43 AM (G1/pm)
A SC vote turning down Obama care on a 5-4 margin is a hyper partisan sham
A SC vote upholding Obama care on a 5-4 margin is a triumph of our system of government. Huzzah!
-------------------
Yeah, just another grievance to file away until the opportunity arises for me to follow a drunk liberal who wanders into a dark alley and beat the living shit out of him.
Posted by: BS Inc. at June 29, 2012 04:43 AM (P2Ufm)
Posted by: Ward of the State #4559141A at June 29, 2012 04:44 AM (trJge)
That's fine. I will move on to other sites for a while until tempers calm down. I do suggest that posters here do some reading of other's opinions about this ruling.
Yes, if I were in charge I would have struck the entire thing down. But then, I am a little too impulsive, and sometimes one has to take the long view.
Whatever, I choose not to get involved in attacking Roberts. If you want a judge who is not an activist, then sometimes that type of judge will choose not to intervene on your favorite cases. It seems that it is silly to demand he not be an activist except when he agrees with me.
All of you guys have a great day!
Posted by: Miss Marple at June 29, 2012 04:44 AM (GoIUi)
Posted by: Thomas Paine at June 29, 2012 04:44 AM (0VqvZ)
No later than Bark Obama's seventh term as president. Possibly sooner.
Boner will cry, but he and the other Republican left in Congress will vote for it as a "reach-across-the-aisle" gesture.
Posted by: MrScribbler at June 29, 2012 04:45 AM (MQc8e)
To say "It's time for outrage" is an insult, as if telling us that our outrage to this point never counted. The 2010 election results of fiscal conservative victories to rescind ObamaCare in Congress never happened. That those who "count" haven't felt abused until now; and perhaps only feign outrage for temporary fear of their own political careers. If they're so dense as to ignore the "Tea Party" 2010 response to federal abuse, let 2012 hit them on with tsunami effect that clears out ALL the riff raff, regardless. Painful, but an act of gaia god.
Congressional outrage too often amounts to a tempest in the tea pot, once the steam whistles, insiders in concert turn down the heat to go on as if nothing happened, allowing federal authoritarianism to reach this point playing their kabuki dances. Swing your partner round and round...
It was already a given that ObamaCare will fiscally bankrupt and ruin the quality of American medical treatment, rationing according to eugenics. Given Roberts' SCOTUS, from the Judicial Branch there is no such thing as natural rights. Time to put the SCOTUS back where it began as a very small and nearly insignificant portion of the federal government which of itself respects Liberty and The Constitution as the Supreme Law of the Land.
2012 "Renew" the Coolidge administration's job performance in the next POTUS. Romney shouldn't find it too difficult to embrace except for the STRICT Constitutional adherence Coolidge exercised.
Coolidge (Melon Sec./Treasury) balanced the budget, cut back staffing at the BIR (IRS), cut the national debt nearly in half, increased public revenue to government, after cutting and eliminating much taxation on the rich and DOMESTIC corporations (only the very wealthy had been taxed on income). Growth and the average real wage were up after the tax cut for the rich. After-inflation employee earnings grew 16% from 1923-29.
Here's the cut. Strict Constructionist.
Posted by: maverick muse at June 29, 2012 04:45 AM (BAnPT)
Posted by: drawandstrike at June 29, 2012 04:45 AM (8sTGK)
Posted by: Drider at June 29, 2012 04:45 AM (HaJD9)
Posted by: Gregory of Yardale at June 29, 2012 04:46 AM (aGX9l)
Posted by: Antonio Gramsci at June 29, 2012 04:46 AM (cv5Iw)
It's snowing brown stuff on your head.
Posted by: Justice Roberts at June 29, 2012 04:47 AM (jhiY8)
More money will flow to "pharmaceutical companies, doctors, hospitals, the people they employ, and even insurers," said Joseph White, Luxenberg Family Professor of Public Policy and chair of the Department of Political Science at Case Western Reserve University.
And where in the hell is the money going to come from? Just magically jobs and money will appear. The utter lack of understanding of economics by these ass clowns is breathtaking. This why schools are in trouble too many fuckwits are running them
Posted by: TheQuietMan at June 29, 2012 04:47 AM (1Jaio)
Posted by: Minuteman at June 29, 2012 04:47 AM (qs9G3)
Yesterday was a busy day.
Posted by: sTevo at June 29, 2012 08:43 AM
Yup. But Holder will have a good time on his trip to Disney World, so there's that.
Posted by: MrScribbler at June 29, 2012 04:47 AM (MQc8e)
Posted by: Phil Collins, now look at my Grammy at June 29, 2012 04:48 AM (9rZJb)
Posted by: eat chocolate at June 29, 2012 04:48 AM (HOOye)
I'm afraid I agree with you. Someone said on here a few days ago something pretty thought provoking: we're surrounded (by progressives). Not so much in terms of hard numbers, but the sway. Most of the entire media, Hollywood, academia, all branches of gov't are infested with these communists. They've brainwashed the younger generation into freaking hating their own country, for crissakes. They've infiltrated the highest levels of our military and made it priority numero uno to be PC and gay friendly almost to the exclusion of other things. We've got a country full of people who think the polar bears are dying because of their SUVs, anyone making more than you is a thief and you are deserving of their earnings, Christians are savages and Muslims just want peace, we've let millions and millions stream across our borders and practically handed them a voter card and forms for any social services they can apply for.....
It's really discouraging and hard to be optimistic after yesterdays ruling. I will not give up, but I'm losing faith that anything resembling my America I love so much will ever live again.
FIAF. I'm going for a run before it hits 100.
Posted by: Lady in Black - ObamaTaxCare opponent - This means war, bitchez at June 29, 2012 04:48 AM (vOMX+)
Posted by: Cobalt Shiva at June 29, 2012 04:49 AM (1iauC)
Can anyone tell me why people are relieved that the commerce clause was toned down? It doesn't make a #$%@ difference! The taxing authority can now be used in exactly the same fashion that leftists used the commerce clause, and now it's been approved by the SCOTUS!
Posted by: Morseus at June 29, 2012 04:49 AM (YWZwH)
Plaintiff: Your honor, this guy sold me a ham sandwich and I got two pieces of bread with shit in the middle.
Judge: Well I do have a problem with that being called a ham sandwich when it's actually a shit sandwich. So what you bought is a shit sandwich, what's the problem?
Posted by: Dang at June 29, 2012 04:50 AM (Ky1+e)
Posted by: eat chocolate at June 29, 2012 04:50 AM (HOOye)
yesterday the Supreme Court ruled that the government has unlimited control over us through the powers of taxation. Un. Limited. Control. We are subjects. We are slaves. We are no longer "We the People". It is now "We the Subjects of an All Powerful State."
-----
They already had unlimited access to a cut of everyone's paycheck- up to 100%. Now they don't even need to channel the tax through that.
Posted by: Hal Burton at June 29, 2012 04:51 AM (iYvMQ)
"Not genocide, it's carbon tax!" - Justice Roberts
Posted by: Temper Tantrum at June 29, 2012 04:51 AM (AWmfW)
"In my mind, the enemy is Obama, not Roberts."
Posted by: Miss Marple at June 29, 2012 08:16 AM (GoIUi)
He voted with the enemy, therefore he is no better than the enemy. I don't care what kind of fig leaf he hung in front of the decision to placate the David Brookses of the country. In the end, what he did has hurt us. That he supposedly left the door cracked for a possible political victory in the end is pure conjecture.
I am so tired of this too-cute-by-half crap. This kind of thinking got us a tiny little income tax on the super rich a hundred years ago. Now it eats half your fucking paycheck.
Posted by: Jaws at June 29, 2012 04:51 AM (4I3Uo)
do you think that will stop Democrats from trying to pull this shit again?
Posted by: EC at June 29, 2012 04:51 AM (GQ8sn)
What has the SCOTUS become?
spell checkers of words, just words (deleted from The Constitution).
Posted by: maverick muse at June 29, 2012 04:52 AM (BAnPT)
How bad can "the worst" be?
Rampant inflation, high unemployment, rioting in the streets, demands for "more" from the government (i.e., more authority, more command, more restraint on anything that resembles a "free market"), because that's what people want. Well, some people.
Barack Obama basically wants the country to look like Detroit, or Philadelphia. I was in Boston for the first time in years last month, and I couldn't believe how shabby it had become. This is the fate of the country.
As more and more money is sucked down the huge maw of the entitlement black hole (because whitey owes us, bitches), the whole country is going to get poorer and shabbier. The core of most big cities, if they have not already become shabby, will become shabby. It's fate.
And class struggle, race struggle, the bottom third against the top "1%" or whomever they think is keeping them from what they deserve.
Posted by: Reader C.J. Burch writes.... at June 29, 2012 04:53 AM (RFeQD)
Posted by: Jean at June 29, 2012 04:54 AM (WnnBz)
Posted by: eat chocolate at June 29, 2012 04:55 AM (HOOye)
Posted by: eat chocolate at June 29, 2012 04:55 AM (HOOye)
Posted by: ToddW at June 29, 2012 04:55 AM (GxTMf)
Exactly my fucking point.
The takeaway from this decision is that all you have to do is simply get any kind of bill passed. Never mind how fucked up it is and how many constitutional limits it crosses. Do whatever you can to get it across the Resolute desk and get it signed, because after that it's untouchable.
Posted by: EC at June 29, 2012 04:56 AM (GQ8sn)
Haven't read all the comments yet, but does anyone have the link posted by another moron early Thursday evening about the blind acceptance of Roberts's alleged conservatism when he was nominated?
Like most of those who want consideration to SCOTUS, he was said to be a blank slate, but the blogger who posted about him years ago mentions specifically how he was deemed "invaluable" in some PRO-BONO work supporting gay marriage ina piece cited by the LA Slimes many moons ago.
Remember Monday's Arizona decision? Roberts sided with the feds, not the states. We've all been assuming he was a conservative when that does NOT appear to be the case. Oh, yeah, he was suggested to W and cheer led for by none other than Steve "Uncle Fester" Schmidt, architect of the McLame Disaster Campaign, and a guy who many thought was a Romney infiltrator.
Posted by: RushBabe at June 29, 2012 04:56 AM (tQHzJ)
He's turning out to be another Justice Breyer.
Posted by: EC at June 29, 2012 04:57 AM (GQ8sn)
What else is there to do?
Posted by: rukiddingme? at June 29, 2012 04:59 AM (MbeEN)
Posted by: goddessoftheclassroom at June 29, 2012 05:00 AM (ZUg4j)
Remember all the proggs sneering at his wife and young child when he was introduced as the nominee?
And then Obama lying about the court to their faces at that one SOTU?
>>and sometimes one has to take the long view.
Apparently the long view is that American citizens are the property of the federal government, to be looted as Congress sees fits.
Posted by: Mr. Moose at June 29, 2012 05:00 AM (ZKzrr)
Where does the word "tax" appear in the bill? And now it's a "tax."
I really thought the congress would have to go back and pass that section with the accurate word "tax" appearing. But this is double speak bullshit.
Posted by: Dang at June 29, 2012 05:00 AM (Ky1+e)
Posted by: Tightie Rightie at June 29, 2012 05:01 AM (OfDMM)
Originate it from anywhere you want to get around the rules of congress and the constitution.
The SCOTUS will tell everyone what it actually is later.
Posted by: Dang at June 29, 2012 05:01 AM (Ky1+e)
Posted by: Schwalbe: The Me-262© at June 29, 2012 05:02 AM (UU0OF)
It was not meant to be the central hub of all of our lives.
The elites and commies that infest it have an entirely different view and agenda. Roberts must be aware of this and had to know that he was in a unique position to stem a destructive tide while working within the framework.
He sold out for some nuanced sense of insider acceptance.
Once again we've been Beltwayed.
Posted by: ontherocks at June 29, 2012 05:03 AM (aZ6ew)
More like Holmes.
I think it's important that when anyone blames "the Court" for this, we remember that Roberts did this *alone.* It's a 1-8 win. No one else on the Court supported his reasoning. The lefties didn't come up with this crap.
But now they *have* it, forever, because Roberts gave it to them.
And he did it so Laurence Tribe would pat him on his head and say "Good boy."
And no amount of elections will ever change it.
Posted by: nope at June 29, 2012 05:03 AM (cePv8)
Obamaaaaa gonnnnnnaaaaa fix iiiiiiiit
Obamaaaaa gonnnnnnnnnaaaaaa make it goooooooooood
mmmm, mmmm, fucking MMMMMMMM
Posted by: Ward of the State #4559141A at June 29, 2012 05:03 AM (trJge)
I think we can now answer with confidence how Roberts would have voted in Kelo.
Posted by: Nicholas Kronos at June 29, 2012 05:03 AM (jhiY8)
Coming soon to a jurisdiction near you:
1. Non-Unionization tax. Pay the difference between union wage and that of your own employees.
2. Life Insurance tax - you don't have "good enough" life insurance. Pay tax.
3. Veggie Deficiency tax - since you don't buy enough healty food, you will be taxed.
4. Non-Exercise tax - you don't work out enough, so you will be taxed to help fund health care.
5. Consumption Deficiency tax - you don't buy enough goods (of whatever specified type) so you will be taxed the delta between what you actually spent and should have spent.
6. Inadequate Reproduction tax - you don't breed up enough little tax payers for the next generation of bureaucrats to squeeze, so you will pay tax to help cover the cost of the mass bastardy being bred up in the slums.
Posted by: Reactionary at June 29, 2012 05:04 AM (xUM1Q)
Posted by: phoenixgirl, team dagny at June 29, 2012 05:04 AM (Ho2rs)
Posted by: Jean at June 29, 2012 05:04 AM (WnnBz)
He may have weighed the likelihood of Obama doing something to destroy the Supreme court. (don't ask me what other than through nominations.)
We've seen that Obama has no problem usurping the other branches power and since the Supreme Court already was a target for Obama, feared that he would do more if the decision went the other way.
He also probably reckoned that, as he said, if we changed the composition of the government by electing those who would repeal this act, then both the Supreme court and the public would be safe.
I doubt he would have taken this step if he didn't decide that Congress is too feckless and myopic to protect the court and the country from an out of control President.
Since they have yet to do so after numerous inroads on their own power and prerogatives.
Posted by: Bitter Clinger and all that at June 29, 2012 05:04 AM (CP+yl)
I don't know yet. Maybe.
I think that it may be too soon to tell. A couple of the articles I have read this morning have called it brilliant.
It clarified it as a tax- meaning a simple majority to repeal. It also drew a line against abuse of the commerce clause and strengthened states rights.
We need to get our reps to do their jobs and repeal this monstrous tax.
Posted by: Cluebat from Exodar at June 29, 2012 05:05 AM (Mv/2X)
>>Its not like they let us vote on the individual bills you putz.
Shit, they don't even follow their own parliamentary procedures and rules for the votes. "Deem and pass"?!
Posted by: HeatherRadish™ at June 29, 2012 05:05 AM (ZKzrr)
Posted by: Mr Pink at June 29, 2012 08:36 AM (GZhKn)
And after that, "everyone must by a house, it's mandated"
And "every man over 60 must have a trophy wife, it's mandated"
And "there must be an American car in every garage, it's mandated"
And "you must join the union (doctors and lawyers, that means you too) it's mandated..."
This crowd could go on and on and on...
Posted by: starry at June 29, 2012 05:06 AM (oZfic)
I thought one of the clever aspects of the ruling is that it's now a states's rights issue--a state can decline to enforce it.
True. But King Barry I can then then threaten to withhold fed. money (i.e. money a state's own residents have kicked up to D.C.) for roads and such, just like the adherence to seat-belt law and speed limits = fed road money. For those gyvs that refuse to comply with ObamaTaxCare, I don't give many conservative guvs the stomach to withstand the beeyotching from constituents about the drastic reduction in services, etc.
Posted by: RushBabe at June 29, 2012 05:08 AM (tQHzJ)
Posted by: Quiz at June 29, 2012 05:08 AM (uPYEJ)
He may have weighed the likelihood of Obama doing something to destroy the Supreme court. (don't ask me what other than through nominations.)
Posted by: Bitter Clinger and all that at June 29, 2012 09:04 AM (CP+yl)
Why would Obama destroy the supreme court if he gets a second term?
They will become his own Guardian Council if he gets a second term.Posted by: Temper Tantrum at June 29, 2012 05:08 AM (AWmfW)
Now that is has been called a TAX, can suit be brought that it didn't originate in the house and it doesn't contain the fucking word "tax" in it?
Posted by: Dang at June 29, 2012 05:08 AM (Ky1+e)
That was still available for re-educational propaganda during civics in grade school 1960s where my class watched. I knew it to be a rip-off from the start, making the recurring pay losses all our lives that much harder, knowing it was doomed as a fraudulent scheme. That Congress absconded with our forcibly withheld income proves the stupidity in giving government what they ask, no matter their deceitful promises.
ObamaCare deals not simply with the fiscal matter and our private property, but our bodies with mandated pharmaceuticals regardless of what the patient and/or doctor determine best. "With the best intentions, of course," already authoritarianism is the means to implement what bureaucrats and corrupt government officials leading each branch of government have determined (follow the money) what will happen when we need medical treatment, or when we prefer none. Authoritarians do not tolerate "free will".
Posted by: maverick muse at June 29, 2012 05:09 AM (BAnPT)
Posted by: eat chocolate at June 29, 2012 05:09 AM (HOOye)
There is that excise tax on medical devices...gotta stick it to those fat cat parasites with pacemakers, amirite?!
Posted by: HeatherRadish™ at June 29, 2012 05:10 AM (ZKzrr)
So what some of you are saying is that CJ Roberts is Snape to Obama's Voldemort, playing the long game and taking heat now for the greater good down the road? I hope you're right because it feels more like he's Dolores Umbridge right now.
I'm taking my brother's kids to Harry Potter World in a couple of weeks so I'm getting into the mood.
Posted by: Ms Choksondik at June 29, 2012 05:11 AM (fYOZx)
Posted by: RushBabe at June 29, 2012 05:11 AM (tQHzJ)
Posted by: The Constitution at June 29, 2012 09:02 AM (jucos)
That made me laugh and cry.
Posted by: EC at June 29, 2012 05:11 AM (GQ8sn)
As well as we are.. but, we get to land on ther nice cushy bodies after we jump off the cliff! YAY!
Posted by: catman at June 29, 2012 05:13 AM (YKUmW)
Posted by: Daybrother at June 29, 2012 05:13 AM (QyHwE)
Posted by: ace at June 29, 2012 08:23 AM (aw5Tx)
I agree Ace, that simply saying "we won" is a bit of horseshit.
At the same time, once I calmed down, and thought about it. I'm fairly certain that we didn't loose either. We kinda split the baby as it were.
Things could have certainly gone worse. I will ascribe no chess playing to Roberts, in fact I think it's far more likely that he felt (as his decision described) that the court had a duty to find any law constitutional if it could.
But in doing so, he did not expand the commerce clause, and the medicaid expansion was found to be coercive. Thus, not a win, but not a loss either.
And perhaps (although unexpectedly) this is the most promising outcome of them all. Because, if we work hard, elect republicans and hold their feet to the fire, we can get the holy grail: a legislative repeal. (It's by no means certain of course.) It's promising though because we didn't have to go through an expansion of the commerce clause (i.e. complete upholding of the Government's original argument) to keep legislative repeal on the table. Nor are we stuck with claims of a "partisian court" for Obama to run against and, (God forbid) a more liberal court to overturn down the road.
Would I go so far as to say: "This is my preferred outcome." No. But I will say "I'll take it."
And I know that some will say "but the Taxing clause was expanded! That means everything!" To which I'd say: eh? The taxing clause was already pretty powerful, and quite frankly taxes are unpopular. Future congresses trying this shit will have to pass a tax to do it, and I suspsect that will be summarilty rejected by the American people. But furthermore, I suspect if I think hard enough, I could arrive at some possible use of the expanded commerce clause (had that happened) that would have been legal, but no where near a tax, which makes it dangerous precisely because it won't be as roundly rejected as taxes are. Furthermore, sufficent Tax reform will make shit like this a lot harder to do in the future anyway.
The thing about the court I've noticed is you take the good with the bad quite frankly. Had we won this case outright (i.e. the Kennedy Opinion.) The left would be saying almost exactly these same things. History is a bit cyclical, and although conservatives aren't on top now, I suspect they will be again, and then we'll have a court allied with us and a bunch of liberals whining that they sided with the loosers? And then what? Will we decry the political nature of it all? No, not likely. Take the good with the bad on this one frankly.
Posted by: tsrblke at June 29, 2012 05:14 AM (22rSN)
The attack at Drudge on Robert's mental health - due to the epilepsy drugs is quite crude.
One of the commenters yesterday attributed this to Michael Savage, who was dead serious about it. If you listen to the inital opinion from Roberts, it's bizarre. (Heh. Some people have even accused MoHamHead of dictating the more heinous sections of the Koran when he was in the throes of epilepsy. Of course, some folks' epileptic fits are other folks' Satanic Verses.)
Posted by: RushBabe at June 29, 2012 05:16 AM (tQHzJ)
Again, Roberts was not playing some sort of 3D chess.
He had the opportunity to the the right thing, the constitutional thing and
he let those who would destroy this country sway him.
Posted by: General Woundwort at June 29, 2012 08:39 AM (06lNq)"
"He had the opportunity to the the right thing, the constitutional thing and
he let those who would destroy this (country-cross out) him sway him."
Posted by: starry at June 29, 2012 05:16 AM (oZfic)
Posted by: The Constitution at June 29, 2012 09:02 AM (jucos)
That made me laugh and cry.
Posted by: EC
He told me it was my fault that he hit me, that I deserved it.
Posted by: The Constitution at June 29, 2012 05:17 AM (BAnPT)
Like I said yesterday - why are we continuing to try play chess against someone who's trying to beat the shit out of you with a baseball bat?
The assholes swing the bat at our heads and our response is to try and come up with a subtle, sublime move.
Posted by: Burn the Witch at June 29, 2012 05:18 AM (rX1N2)
Posted by: deadrody at June 29, 2012 05:19 AM (aT8Zk)
Posted by: The Chap in the Deerstalker Cap at June 29, 2012 05:20 AM (qndXR)
For one is Heller.
Many don't realize how important Heller is.
Most all Liberals have considered the 2nd amendment almost moot for 80 years. Only recalcitrant "bitter clingers" (ahem) have held off it's final demise.
Yet Roberts et al reestablished the true meaning of the amendment and that the repercussions have yet to reach their full effect.
An effect that may well be our only salvation in the coming years.
Posted by: Bitter Clinger and all that at June 29, 2012 05:20 AM (CP+yl)
To administer the Constitutional oath of office flawlessly and look awesomely bitching in these swank judge robes.
Oh wait. I guess it's just the part about the robes.
Posted by: Chief Justice Roberts at June 29, 2012 05:21 AM (jhiY8)
Posted by: Morseus at June 29, 2012 08:49 AM (YWZwH)
Commerce and the commerce clause are nebulous concepts, even among educated and aware conservative voters. I just had this conversation last night with the M-I-L, and had to explain the expansion of the commerce clause and the resultant alphabet soup of federal regulatory agencies that came from this expansion. Conservatives don't like big government, but some don't seem to know how it got so big.
Nobody of the American Idol watching drooling masses gives a rip about the commerce clause and its over-expansion. But you mention the word, "tax," to these knuckle-dragging half-wits and every one of them will instantly relate this with negative consequences for them. That is what we are up against. And that is why the commerce clause limit was a small silver lining. Classifying it as a tax gives us some small measure of hope that it can be defeated by appealing to the masses.
Upholding the ACA is not what I wanted, but I am happier that the IM is called a tax in contravention to Obama's characterization (a lie), than to have it being upheld under the commerce clause.
Posted by: Flounder at June 29, 2012 05:21 AM (Kkt/i)
But, honestly, I think they did their jobs. I understand the opinion itself is filled with snide remarks unusual for an opinion that more or less say "if you vote for an idiot and the idiot passes a crap law, we can't protect you from that. We can only interpret that crap law and see if its legal". I think, properly, the Justices are reminding us that, in the end, the People are responsible for themselves and that we have the power to change this if only we will.
The Founders would yell at us to FIGHT. Do so.
Posted by: Evil Midnight Bomber What Bombs at Midnight at June 29, 2012 05:22 AM (RLTt1)
But in doing so,he did not expand the commerce clause, and the medicaid expansion was found to be coercive. Thus, not a win, but not a loss either.
And perhaps (although unexpectedly) this is the most promising outcome of them all. Because, if we work hard, elect republicans and hold their feet to the fire, we can get the holy grail: a legislative repeal.
I see this line of thought a lot. My first reaction is, "Have you ever seen Ogabe defer to anything he doesn't like, even if it's court ordered?" He and Rodent Nation wouldn't have cared what the exact language was. All he heard was "I WON." Again. Full speed ahead.
Also, when was the last repeal we saw? Prohibition?
Posted by: RushBabe at June 29, 2012 05:23 AM (tQHzJ)
Still doesn't make this monumental pile krep good law- anytime there are over 1,000 exemptions to a law before it is even implemented, you have some truly awful legislation best handled whilst wearing a hazmat suit.
Like the man said, on to plan A - vote the scum out (to be more specific, the more stridently socialist scum denoted by the "D"s after the names) and have our scum repeal it.
Quick question for the legal brains 'round here- my understanding is that this challenge of hellcare was based on the unconstitutionality of the mandate/lack of severability. What of the challenge filed by the Catholic Church on the basis it violates the 2nd (?) Amendment?
Or did yesterday's decision handle the Catholic Church's challenge, or did the Catholic Church not actually file a legal challenge?
Help me out here, people- I am but a poor mead swilling moe roan from planet soontobedrunk.
Posted by: Chariots of Toast at June 29, 2012 05:23 AM (ksERZ)
Yup. When the left gets power, they push the country as hard and as far and as fast to the left as they can until they get rebuked, because they know, THEY KNOW, the right does not push as hard the other way when it's their turn. They ALWAYS find a squishy "moderate conservative" and seduce him/her with their lying siren calls that THIS expansion of power is good, THIS new regulation is for the best, the people WANT this intrusion into their liberty.. and the squish caves. So the left rams through a dozen horrible new laws, and the right repeals a couple of them. The left passes some questionably-constitutional (at best) monster, and a right-leaning but squishy judge twists himself into knots to uphold it.
In the long run, the left has won virtually every battle over the size & scope of government for roughly the last century, because the right DOES NOT FIGHT BACK. Yesterday was just the latest example.
Posted by: I.M. at June 29, 2012 05:25 AM (1HVeO)
Posted by: RushBabe at June 29, 2012 09:23 AM (tQHzJ)
This.
We need a new Amendment - "Congress shall pass no law that does not simultaneously repeal 2 other existing laws."
Posted by: Reactionary at June 29, 2012 05:25 AM (xUM1Q)
Posted by: Daybrother at June 29, 2012 05:25 AM (QyHwE)
Posted by: Mekan at June 29, 2012 05:26 AM (hm8tW)
Posted by: I.M. at June 29, 2012 09:25 AM (1HVeO)
Exactly right. They never give us enough excuse to take the action we are cabable of when pushed too far. Our desire to obey the law and maintain peace in society is our downfall.
Posted by: Reactionary at June 29, 2012 05:26 AM (xUM1Q)
Posted by: JEA at June 29, 2012 08:37 AM (hxLER) <<<<
Even for a troll, you are particularly stupid. Why would anyone, in any circumstance, bitch about something they LIKE, you fucking imbecile?
Posted by: Empire of Jeff at June 29, 2012 05:27 AM (eKiiX)
That is specifically the role the supreme court plays.
They effectively said if the Congress wishes it, the constitution be damned, who are we to say otherwise.
IT'S THEIR JOB TO SAY OTHERWISE.
Posted by: General Woundwort at June 29, 2012 05:29 AM (06lNq)
I am furious. The damage this court has done to the America I'd hoped to pass on to my children is sickening.
Posted by: Jack at June 29, 2012 05:30 AM (1oE9r)
Posted by: Mekan at June 29, 2012 05:31 AM (hm8tW)
Posted by: matt foley at June 29, 2012 05:32 AM (nxTmu)
Posted by: Tightie Rightie at June 29, 2012 05:34 AM (OfDMM)
Posted by: Mekan at June 29, 2012 05:34 AM (hm8tW)
why are we continuing to try play chess against someone who's trying to beat the shit out of you with a baseball bat?
It does take a lot of the fun out of it, that's for sure.
(And if we still had the strike-through feature, I would've replaced baseball bat with "Nan's giant gavel.")
Posted by: RushBabe at June 29, 2012 05:35 AM (tQHzJ)
Posted by: Sherlock at June 29, 2012 05:36 AM (ZuemH)
Posted by: Daybrother at June 29, 2012 05:38 AM (QyHwE)
Posted by: Quiz at June 29, 2012 05:40 AM (uPYEJ)
Posted by: Mekan at June 29, 2012 09:31 AM (hm8tW)
Unless we absolutely crush the left in November and AMEND the Constitution with a provision for scuttling legal precedent (what the Founders wanted to escape from!) that wormed its way into law school under the Wilson Admin, we don't stand a chance.
Posted by: RushBabe at June 29, 2012 05:41 AM (tQHzJ)
Posted by: Quiz at June 29, 2012 05:42 AM (uPYEJ)
Does anyone actually believe if Scalia dies/retires and Obama adds a 5th liberal justice (Roberts and Kennedy must be considered swing votes from here on out) they will abide by Roberts "bright red line" on restricting the Commerce Clause? It is to laugh. We got fucked, pure and simple. Conservative presidents exercising their role adding "conservative" judges is supposed to be our hedge against temporary insanity by voters (electing a liberal house, president and senate). Roberts cowardly ducked his responsibility. I've read all the clever posts about how he cagily came up with his rationale. Well, he could have just as well done it the OTHER way, is he so much better a jurist than Scalia, Alito, Thomas, Kennedy? Bullshit. We got fucked on this hard. Roberts is a despicable coward. "The Assassination of American Liberty by the Coward John Roberts"
Posted by: babygiraffes at June 29, 2012 05:43 AM (h0KX8)
"This text was the controlling document for the United States until 6/28/2012, when it was effectively rendered moot."
Posted by: What is The U.S. Constitution at June 29, 2012 05:46 AM (O7Q1u)
Posted by: Empire of Jeff at June 29, 2012 05:46 AM (eKiiX)
Posted by: Morseus at June 29, 2012 05:49 AM (YWZwH)
Posted by: Empire of Jeff at June 29, 2012 09:27 AM (eKiiX)
Because they're a liberal? They bitch about everything, even when they get what they want. It's never enough because someone else, somewhere might have more.
Posted by: Ms Choksondik at June 29, 2012 05:56 AM (fYOZx)
Posted by: Daryl Herbert at June 29, 2012 05:58 AM (ROTzM)
BO and Roberts are both Harvard Law grads....
Posted by: starry at June 29, 2012 06:04 AM (oZfic)
Oh look, another Harvard lawyer.....guess who?
They all stick together. doesn't matter what their alleged "political affiliation" is....they still all stick together.
Posted by: starry at June 29, 2012 06:07 AM (oZfic)
Posted by: dogfish at June 29, 2012 06:13 AM (N2yhW)
"...if Scalia dies/retires..."
Posted by: babygiraffes at June 29, 2012 09:43 AM (h0KX
I will donate vital organs from my living body to keep Scalia, Alito, and Thomas alive and on the bench, if that's what it takes.
Posted by: troyriser at June 29, 2012 06:13 AM (vtiE6)
You're all off here with the same comments:
"The majority of the people wanted this overturned so we don't count."
"Roberts is a douche/traitor/hack/ass-kiss/etc/etc"
A 5-4 decision the other way, even with that to our favor, doesn't change the fact that relying on 9 inviduals, each firmly aligned on one of two sides of the political ideology, is no way to "correct" bad legislation.
IF our representatives in Congress actually represented the "majority of the people" this travesty would have never passed by the skinned teeth and last minute gerrymandering in the first place. The problem is Congress doesn't represent the "majority of the people" and therefore doesn't abide by or act according to our wishes. And we all know the fix for that as well as THE SOLUTION TO FUTURE LEGISLATIVE ACTS LIKE THIS.
So quit relying on a SC that will NEVER be the answer and therefore a waste of the blame game. Get to the root of the problem. The best thing Roberts did was to make it VERY clear what the answer is (and always has been) and if that doesn't galvanize and motivate us to do what is necesary nothing will and we will only have OURSELVES to blame when future events don't go our way.
Posted by: VinylMan at June 29, 2012 06:21 AM (z6cQe)
http://youtu.be/z2Q7YRDL90E
In what way are you worse off than when you got out of bed yesterday morning? So the court denied you the chance to revel in the schadenfruede and hear the lamentations of the douchebags.
Oh well. It was never on the menu in the first place. We just got our hopes up that knocking the mandate down under the commerce clause would serve to repeal the whole edifice. Well it didn't and I'm curious what made you think we were entitled to such an easy win in the first place?
Constitutionally, the commerce clause is no longer the butt-into-your-life free card the liberals always hoped it would be. Taxing is an enumerated power and that's what the court allowed. Yeah, the other side swore up and down it wasn't until it was but what else is new?
FWIW, I think Roberts is probably right: if it looks like a tax and taxes like a tax it's probably a tax no matter what you call it. Politicians lying about taxes isn't anything knew or even very interesting.
Now if you had to repeal a bad law would you rather it be an unpopular tax affecting mostly the middle-class or would you rather some poorly understood pile of legalese that purports to distribute free medicine and ponies? Take your time, I know you're upset.
This dog's breakfast of a law will have to be repealed by the body that foisted it on us in the first place. We kinda knew that already. Now that everyone knows that congress just went ahead and levied a trillion dollar tax on the middle class, I'd say that seems more likely to happen than not.
Stop looking for some conservative hero to ride to the rescue. Yeah, it would have been great if the court just nulled out the whole sad wreck but they didn't. But they also managed to get four liberal justices to rip away the commerce clause as a justification for further legislative mischief. Do you not see how awesome that it is?
I don't know if that was on purpose or just a happy accident and I don't much care. Speculation about what motivated Roberts is just so much navel gazing. Why on earth are you indulging in an extended pout about this thing? I'm better off than I was yesterday when it comes to keeping the government under some sort of restraint -- and so are you -- and that's all I care about.
So yeah, complete strike-down of the law would have been great and the blog posts about the ensuing lib meltdown practically write themselves. But get a grip all this whining is just weak sauce.
Like Friedman said, we need to create the conditions where the wrong people will do the right thing. Given how hard it is to enact new taxes -- even with a Dem majority in both chambers -- I'd say those conditions just got better. Not by a lot maybe but better all the same.
But hey knock yourself out with the pity party. Maybe you can get up some sort of Iron John drum circle in a bit. Work things out. That sort of thing.
Posted by: foo at June 29, 2012 06:24 AM (lQMLp)
"195You can take the lawyer out of Harvard but you can't take Harvard out of the lawyer.
BO and Roberts are both Harvard Law grads...."
So is Scalia.
While I agree an Ivy League law school diploma doesn't make you more special or smarter, it's not an automatic disqualifier
Posted by: Marybeth at June 29, 2012 06:25 AM (fkaOH)
It seems as though something else is clearly happening. Look at Arizona, it looks like a victory for the left, but the most important portion, the citizenship checks, stood. Yesterday he left Obamacare in place, but he crippled it, and pulled the wings off of the angel as well. He gutted the funding, made it a huge campaign issue, stripped away the BS that it wasn't a tax hike, makes it susceptible to a simple majority and has stolen the presidents reelection plan, can't run against the court now. This is a millstone for the president.
It's a bet, Roberts is all in on the idea of the Tea Party exploding and the Republicans taking back DC. It isn't a bet I am comfortable with, but it has huge payouts. If it works Roberts is chief justice on 7-2 conservative court that will support any conservative wishlist and stymy anything else. Anybody who pays any attention knows that this election is really about control of SCOTUS. Roberts is playing for all of the marbles, lifetime appointments in the most powerful branch of government.
It is a long game, with a serious gamble, not something that I really like, but he has pushed the election in our favor while betting heavily that we will win. Most of the press wants to pretend that 2010 never happened, Roberts is making sure that we all remember and that 2012 is a repeat. It makes sense, now we just need to win.
Posted by: Gulfkraken at June 29, 2012 06:44 AM (WBfjO)
While I agree an Ivy League law school diploma doesn't make you more special or smarter, it's not an automatic disqualifier
Posted by: Marybeth at June 29, 2012 10:25 AM (fkaOH)
You misunderstand. Scalia is older. Roberts and Obama were at Harvard law within ten years of one another. The same "powers that be" so to speak were there for Roberts and Obama, the professors still mourning JFK, Bobby and Martin. There was a different vibe there when Scalia was there. Roberts and Obama were subject to those "progressing" or as beck calls them "the fabian socialist" types.
Posted by: starry at June 29, 2012 06:50 AM (oZfic)
Oh and Marybeth, a Harvard Law degree is almost an absolute guarantee of success as is any degree from any Ivy Law school. Buried within the pecking order, they get the jobs first and then maybe, just maybe they might dane to interview you if you went to a little state school law school or one of the almost two hundred ABA accredited schools, but that's after they've exhausted the pool of ivy law grads. And, that has been the horror....when three law school "classes" were passed over recently....even the gunners from the ivy league couldn't get hired.
Posted by: starry at June 29, 2012 06:53 AM (oZfic)
Posted by: Boston12GS at June 29, 2012 06:56 AM (0VqvZ)
Posted by: joeindc44 at June 29, 2012 06:57 AM (P2Tu5)
This is purely personal because he did not bother to hide behind the color of law when he screwed us in the ass. He has to be forced to understand that we know who he is and what he did. He DID NOT get away with it.
We are also going to have to start demanding that judges agree to rule in certain ways on certain issues before we nominate them for the court. That is just how it is now. We cannot let any more Roberts onto the court. No more small men who call their lack of principle moderation. No more people who go along to get along. No one who pretends to be one thing when they are really another. We only need people who are full grown adults and not callow little school girls who wonder what their peers think of them. We also need to stop nominating lawyers and just get good partisan pols or the nastiest sort.
And we need people who take their oaths seriously. I cannot imagine Scalia or the others even greeting Roberts in the hallway after this. I cannot imagine them listening to him or treating his opinions with any seriousness at all. He has lost his authority over the other members of the court. And more importantly I am sure it is known who the serious jurists are and who the political hacks are. Roberts has to know he has chosen to join the latter.
Romney needs to call for Roberts to step down. And if he is elected he needs to ask for Roberts resignation. An example needs to be made, a price paid... a heavy price. The left has always known that the political is personal. The right seems incapable of learning it.
Shit just got real for Roberts.
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Posted by: Voluble at June 29, 2012 07:18 AM (eOimU)
But leading a life based on principles is sooo extreme!
Posted by: Hrothgar at June 29, 2012 07:31 AM (i3+c5)
"Chief Justice Roberts and his wife had to adopt their children. No balls in the family."
Mean and cruel, but not far off the mark.
Posted by: GaryS at June 29, 2012 07:34 AM (dcfiw)
Posted by: Quiz at June 29, 2012 07:37 AM (QBSWR)
Our last bastion was the Court, but now we find one of our youngest members is a quisling.
We either break off and form a new nation (highly unlikely) or we go into the thousand years of darkness. I remember reading somewhere on The Corner at NRO after ObamaCare was passed that most people in history lived under tyrants. Sad thought, but probably true.
Posted by: Aaron at June 29, 2012 07:38 AM (Tlix5)
Sorry, it really bothers me when someone acts as though teh majority rulez! Let's focus on the real travesty here - Roberts just handed yet another tool to the Executive and Legislative bodies to use to destroy our Liberty.
Posted by: seguin at June 29, 2012 08:17 AM (I9Y5V)
Posted by: ADK46er at June 29, 2012 10:09 AM (tkY5j)
Posted by: steevy at June 29, 2012 03:51 PM (Xb3hu)
Ace wrote: "And weak men like John Roberts will continue kowtowing to their judgments."
Yeah, maybe. I dunno. I'm torn.
I read the "lost the battle, won the war" commentary on the decision, and think you're wrong.
Then I think how ultimately strained or tortured Roberts' penalty = tax conclusion is, and how the precedents didn't compel that conclusion, and reluctantly conclude you're right.
Still, I hope you're wrong. I hope, as some commentators have suggested, that Roberts pulled a Marbury -- which decision could of course have been interpreted as Marshall kowtowing to the federalist Jefferson, in that the Court gave Jefferson the appointment he wanted.
At least, Marbury could have been interpreted that way the morning after the decision. A century later we know that Marshall - in a very dicey political posture, as arguably Roberts is today - gave the president what he wanted, while at the same time gutting Jefferson's federalist ideology in a way that had permanent, far-reaching consequences.
Or is that kind of analysis delusional, too clever by half, and is Roberts in fact a CJ sans balls?
Ugh... That is very, very hard to take for a true believer like myself who thought Roberts was the real deal. If he flipped because of political pressure, he doesn't deserve to be sitting on that bench.
>Also Re the 5 to 4 votes I am greatly annoyed by the lib pundits always whining about this partisan court and by partisan they mean it's too conservative. It doesn't seem to bother them in the least that the 4 lib votes are never in contention while "conservative" votes are always in doubt.<
+1
We - I mean conservatives - have got to flip that meme. Some way, some how.
Posted by: John at June 30, 2012 11:55 AM (9196u)
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Roberts is not the enemy. Calling him names and ascribing bad motives are counter-productive.
You have a large platform here, ace, and you can either choose to rally the troops and move forward, or you can encourage a circular firing squad.
In my mind, the enemy is Obama, not Roberts.
Posted by: Miss Marple at June 29, 2012 04:16 AM (GoIUi)