Posted by Mike Zahara on Jul 10, 2012
Lotsa blowback over the Roberts ObamaCare decision and I’m befuddled that so many local ‘conservatives’ feel so betrayed and some have come on to pipe in.
<–First, you’re all wrong; the US Supreme Court must always begin any case it chooses to accept as already being ‘Constitutional’ when coming from the US Congress and that goes way back to the days of powdered wigs kids!
That Congress had the right to enact the ‘mandate’ should have never been in question to you people; Medicare, Social Security, and other legislations made that clear decades ago as does the actual constitution which grants the Congress these taxing powers exclusively. What Congress chose to call it and under which arguments the administration’s Solicitor General presented was just background and color—Roberts and the majority found ACA ‘constitutional’ under Congress’s taxing powers regardless that no one brought that up to the Justices in arguments because no Dem in the universe wants the ‘tax’ albatross hung around their necks though that is what always made ObamaCare lawful.
<–Justice Elena Kagan–seen here just after visiting her favorite tat parlor–should have recused herself from the ObamaCare decision like she did with Arizona’s case because she once was Solicitor General and because she did not, she will be subject to Congressional investigation now!
The US Supremes are to first determine why something is constitutional and Chief Justice Roberts did just that.
Even the New York Times guest OpEd dude ‘got it’ and he sees as I do what the Chief Justice is doing:
This article is progressive handwringing at its very best; this professor is scared shitless that 100 years of progressive extremism is over and he clearly sees what you knuckleheaded so-called conservatives aren’t seeing yet because you’re so angry that the mandate survived…look just a little bit closer and read the entire decision!
What Chief Justice Roberts was also saying in his majority opinion was ‘nice try assholes; yes, this is lawful and your taxing authority is why it’s constitutional and I’m not letting my Court get dirtied with your semantics bullshit and parsing of words.’ In addition, as shown in Citizens United as well as the Affordable Care Act—he will not let his court settle by judicial fiat that which should be fought on the political battle field at the ballot box.
This is a major tectonic shift in the Court’s philosophy with the Supremes saying if you don’t like it; change the laws—require full donor disclosure—do this through the political processes—Congress, don’t dump your bullshit on our court steps to settle that which you will not do under your own branch’s constitutional authority you chicken-shitted little bastards!
Seven decades of Supreme Court activism ended not with a thud, but with a Big Bang! Are you current whiners so blinded that you can’t see the value of this majority opinion on so many issues of the day now and decades into the future?
Most laudable and equally extraordinary however was Roberts clearly defining the limits of the ‘Commerce Clause’ and his affirmation of the states’ superiority under the 10th Amendment which should be cause for joy from the right and great joy from anyone else respecting the elegance and meaning of the US Constitution.
Roberts aggressively rejecting the Medicaid extortion racket which is the foundation of the ACA trumps all else in the opinion; it effectively ends all sorts of judicial and congressional shenanigans that claimed an entry via ‘interstate commerce’.
Its value is immeasurable today; it will be as the years progress that Congress dumping its constitutional duties onto the courts being ended by Chief Justice Roberts will be fully felt and that the Judicial Branch of the federal government will have resumed and regained its proper role under the Constitution.
For Nevada, the 2013 session will burn hot and bright with the issue of us joining in the gross expansion of Medicaid, or not. We can’t afford it despite it being ‘free’ to us for a few years via money the federal government recklessly borrows from China at more than 4 billion bucks per day!!!
However, the real debate will be whether or not to continue our participation under the phony ‘exchanges’ which we have already embarked on, since withdrawing from that saves us money and the feds will do it for us instead, so why not opt out of the exchange?
<–Brian Sandoval enjoys a little bit of tit in the hand and ear from Heidi Gansert before meeting with her to discuss whether Nevada will grossly expand Medicaid by ending the Millenium Scholarship extortion money…
…which should have gone into Healthcare instead of into corrupted EduCrat pockets in the first place!!!
With Governor Sandoval going into re-election soon thereafter, my bet would be that the cautious Sandoval keeps the Nevada ‘exchange’ for those who want to participate, and rejects the gross expansion of Medicaid for the grave damage it would do to other state spending priorities.
Dudes, it really is that much of a landmark decision!
For that people, Chief Justice John Roberts earned his place in history and eventually after you cool off from your ‘me, me, me’ temper tantrums you’ll see that he deserves your affections and not your derision.