[Jerry]

"Did Justice Roberts Pull One Over on the Liberals? Posted on July 2, 2012



To all my friends, particularly those conservatives who are despondent over the searing betrayal by Chief Justice John Roberts and the pending demise of our beloved country, I offer this perspective to convey some profound hope and evidence of the Almighty’s hand in the affairs of men in relation to the Supreme Court’s decision on Obamacare.

I initially thought we had cause for despondency when I only heard the results of the decision and not the reason or the make-up of the sides. I have now read a large portion of the decision and I believe that it was precisely the result that Scalia, Alito, Thomas, Roberts and even Kennedy wanted and not a defeat for conservatism or the rule of law. I believe the conservatives on the court have run circles around the liberals and demonstrated that the libs are patently unqualified to be on the Supreme Court. Let me explain.

First let me assure you that John Roberts is a conservative and he is not dumb, mentally unstable, diabolical, a turncoat, a Souter or even just trying to be too nice. He is a genius along with the members of the Court in the dissent. The more of the decision I read the more remarkable it became. It is not obvious and it requires a passable understanding of Constitutional law but if it is explained anyone can see the beauty of it.The decision was going to be a 5–4 decision no matter what, so the allegation that the decision was a partisan political decision was going to be made by the losing side and their supporters. If the bill was struck down completely with Roberts on the other side there would have been a national and media backlash against conservatives and probably strong motivation for Obama supporters to come out and vote in November. With today’s decision that dynamic is reversed and there is a groundswell of support for Romney and Republicans, even for people who were formerly lukewarm toward Romney before today, additionally Romney raised more than 4 million dollars today.

Next, merely striking the law without the support of Democrats and libs would have left the fight over the commerce clause and the “necessary and proper” clause and the federal government’s role in general festering and heading the wrong way as it has since 1942. As a result of the decision the libs are saying great things about Roberts; how wise, fair and reasonable he is. They would never have said that without this decision even after the Arizona immigration decision on Monday. In the future when Roberts rules conservatively it will be harder for the left and the media to complain about the Robert’s Court’s fairness. That’s why he as Chief Justice went to the other side for this decision not Scalia, Alito, Thomas or Kennedy, all of whom I believe would have been willing to do it.

Next let’s look at the decision itself. Thankfully Roberts got to write it as Chief Justice and it is a masterpiece. (As I write this the libs don’t even know what has happened; they just think Roberts is great and that they won and we are all going to have free, unlimited healthcare services and we are all going to live happily ever after.)

He first emphatically states that Obamacare is unconstitutional under the Commerce Clause saying you cannot make people buy stuff. Then he emphatically states that it is unconstitutional under the “necessary and proper” clause which only applies to “enumerated powers” in the US Constitution. Justices Ginsberg, Breyer, Sotomayor and Kagan all went along with these statements. They never would have gone along with that sentiment if that was the basis for striking the law in total. This is huge because this means that the Court ruled 9-0 that Obamacare was unconstitutional under the Commerce clause which was Obama’s whole defense of the bill. They also ruled 9–0 on the “necessary and proper” clause. Even better, both of these rulings were unnecessary to the decision so it is gravy that we got the libs to concede this and it will make it easier to pare away at both theories in the future, which we must do. Well done.

Roberts, through very tortured reasoning, goes on to find that the taxing law provides the Constitutionality for the law. Virtually everyone agrees that the Federal government has the power to do this as it does with the mortgage deduction for federal income taxes. This too is huge because Obama assiduously avoided using the term “tax” and now he has to admit this law is a tax and it is on everyone, even the poor. That will hurt him hugely in the polls and will help Romney. More importantly though is the fact that this makes this a budgetary issue that can be voted on in the Senate by a mere majority instead of 60 votes needed to stop a filibuster. That means that if the Republicans can gain a majority in the Senate, it can vote to repeal Obamacare in total.

Finally the Court voted 7–2 to strike down the punitive rules that take away money from states that do not expand Medicare as required in Obamacare. This too is huge because we got Kagan and Breyer to join this decision and it can easily be applied to many other cases of extortion the Federal government uses to force states to do things they don’t want to. This is also amazing because Obamacare has no severability clause so by striking the Medicaid mandate portion as unconstitutional the whole bill should have been struck. If that happened none of these other benefits would have been accomplished. I haven’t read far enough to know how he did it but I am sure it is brilliant.

So to recap the Roberts court through a brilliant tactical maneuver has: strengthened the limitations of the commerce clause and the necessary and proper clause by a unanimous decision, made Obama raise taxes on the poor and middle classes, converted Obamacare into a tax program repealable with 51 votes in the Senate, enhanced Romney’s and Republican’s fundraising and likelihood of being elected in November, weakened federal extortion and got the left to love Roberts and sing his praises all without anyone even noticing. Even Obama is now espousing the rule of law just 2 weeks after violating it with his deportation executive order.

That is why I have decided this was a genius decision and that I did in fact get a great birthday present today not to mention U. S. Attorney General Eric Holder being held in contempt. What a day.

The Bolen Law Firm
Lexington, South Carolina

Read more: http://godfatherpolitics.com/5961/di...#ixzz1zUt2zwOM

[beforeobamabans]

Puleezzzzeeeee.

[Fred Hansen]

[jakebrake]

skipping all of the hearts and flowers, cloak and dagger nonsense, justice roberts pretty much pulled on over on america

nothing more. he pulled on over on the country club repubs, and screwed the american people. he has just said, the government can screw us 6 ways to sunday, and since we elect the clowns, it's our problem,

[CitizenOfDreams]

Denial. It's not a river in Egypt.

[Cavalry Doc]

I'm not buying any silver lining explanations.

It sucks plain and simple.

[azatrox]

Originally Posted by Cavalry Doc

I'm not buying any silver lining explanations.

It sucks plain and simple.

You put that A LOT nicer than I was going to.

[bear62]

Originally Posted by Cavalry Doc

I'm not buying any silver lining explanations.

It sucks plain and simple.

What Doc said .........

[G29Reload]

Originally Posted by Cavalry Doc

I'm not buying any silver lining explanations.

It sucks plain and simple.

Yep, it could have ended that day and that would have been it.


IT did not set precedent re Commerce because no one else concurred or joined.

It is a comple unmitigated disaster.

[Jerry]

It interests me how many different ways the decision has been and will be "interpreted". All I know for cretin is "WE The People" are going to get screwed one way or another. Just color me a pessimist.

[hogship]

If there is any silver lining to the ruling, it's reflected in the disgust we are seeing with it......it could very well be the "clarion call" that wakes up a nation, and makes it's people realize that forces are in motion to eliminate the freedoms they take for granted.

Roberts didn't do what he was appointed to do........take each case, apply the COTUS to it's content, and make a decision based on that alone. He didn't do that. I'm not sure just what he did do, but he didn't do that.

What he did was apply a tortured logic to the bill, in order to twist it into something nobody, but those with a political objective will agree with.

ooc

[Cavalry Doc]

Bottom line, NEVER plan in fighting for the same piece of ground twice.

It sucks.

[stopatrain]

I think he was afraid to vote down obamacare.

[DOC44]

Didn't Newt say we should be able to get rid of judges that make stupid, wrong rulings and I think he included the supremes. But what does he know.... just some old stupid guy with no vision....did a private company actually launch a rocket and provide supplies to the space station, private competition for space travel.

Doc44

[countrygun]

This isn't going to come out right because I haven't sat and tried to work out the perfect words, I am just throwing it out there with the first words that come to mind.

I was taught that the SCOTUS was really supposed to be the "right guide" as it were and that their rulings were supposed to stay as close to first, the founders words, then the Courts understanding of the meaning, and then perhaps precedent (but not bound to it). Publicly elected officials, POTUS, CONUS, come and go and reflect the changing norms and whims of the voters.

If the SCOTUS is going to follow the whimsy and caprice of the public and try to interpret the Constitution according to the mood of the day, then their tenure should be just as long as the particular whim of the public lasts.

If they are going to serve the whims of the public they should also serve AT the whim of the public.

Stick to the Constitution or run for office like everyone else.

I bet that comes out as clear as chocolate pudding.

[kirgi08]

I'm about ta tick some folk off.Did he put an "out" in,maybe.Will we see fruition in this life,no.It would take a new court ect.I think Vince Foster crossed his mind.We had 1 judge that shoulda recused and another that should have known better.

It's a twilight zone episode.Forcing citizens are just gonna get folk ta drop off the grid ta provide for their families.Barter ect will be king,watch the next step .gub will expand on the FDAs egg/milk thing.They just bought how much .40 ammo and now non LEO entities have SWAT type units.Tick-tock.'08.

[beforeobamabans]

See the Rush thread.