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SCOTUS Ruling Seen As Good News?

Posted on June 28, 2012 by Esther4HB // Ground Reports, Hillbuzz, Pacific West

I was shocked this morning, as I imagine many of you were, to hear the SCOTUS rule that the mandate in Obamacare is constitutional as a tax. Our country seems more and more to resemble a construct of Lewis Carroll’s rather than our Founding Fathers’.

There does seem to be a silver lining shining through this storm front. At the Ulsterman Report the White House Insider shares this:

“. . . I’m telling you right up this ruling today is GOOD NEWS. Politically, as a motivator, it’s great news. Watch contributions toward Republicans jump up even more than they already were. Watch the Obama White House have to face very hard questions over the Obamacare tax issue. Watch states rise up to challenge the administration using the weapon the Supreme Court placed in their hands to do so. Watch the Tea Party come back stronger and more powerful than ever.
The giant has woken up. Country needed a hard kick in the ass to remind us what is at stake in November. Now we are truly ready to fight.
Last thing. Romney was preparing for this decision. He gets to go with the better script now. He’s coming out swinging hard on this one.
Chin up. Fists clenched. Eyes open.
Let’s roll.”

Read the whole post here.

What are your thoughts on this historic ruling?

© 2012, Esther4HB. All rights reserved.

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69 Comments

  • Doriangrey says:
    2012/06/28 at 11:00 am  Doriangrey(Quote)

    Time for a Mandatory Federal Firearms Law, Enter the Affordable Firearms Act.

    Let us then in that case see how the ruling on the Affordable Care Act stands up when worded thusly.

    See §5000A(b). That, according to the Government, means the mandate can be regarded as establishing a condition—not owning health insurance A Firearm—that triggers a tax—the required payment to the IRS. Under that theory, the mandate is not a legal command to buy insurance a Firearm. Rather, it makes going without insurance a Firearm just another thing the Government taxes, like buying gasoline or earn-ing income.

    +14
    Reply
    • khemo says:
      2012/06/28 at 6:04 pm  khemo(Quote)

      oh, i’m sure THIS would be unconstitutional, you know, like, how AZ wrote an unconstitutional immigration law that was worded exactly after the federal one.

      +1
      Reply
  • Mike says:
    2012/06/28 at 11:32 am  Mike(Quote)

    It’s an oxygen task: “You breathe oxygen; pay up!”

    +0
    Reply
  • Spitmanfl says:
    2012/06/28 at 12:05 pm  Spitmanfl(Quote)

    Hearing the ruling, I gasped and wondered what country I was in. Then I threw up. Then I read this post.

    I’m hopeful. Barely.

    +6
    Reply
    • Lucy777 says:
      2012/06/28 at 1:01 pm  Lucy777(Quote)

      Could not even watch the news. Had a feeling about Roberts then I felt like throwing up when I heard. There is something about losing this fight that seems so monumental. There is an undercurrent of rage in this country that does not bode well for our future. God help us.

      +14
      Reply
  • Mary says:
    2012/06/28 at 12:08 pm  Mary(Quote)

    We got what we voted for – nothing more, nothing less, Obama did exactly what he said he would do.

    To Change this, we must VOTE in November – give Romney a Republican House and Senate, nothing more, nothing less

    Ironically, the US was saved by the people of Massachusetts; by voting the “Kennedy seat” to Scott Brown and eliminating the Super Majority. How much worse would it have been?

    +11
    Reply
  • Indy says:
    2012/06/28 at 12:18 pm  Indy(Quote)

    I never ever want to hear the terms “right wing court” or “conservative court”

    Justice Kennedy, in his dissent: “In our view, the entire Act before us is invalid in its entirety.”

    Got that folks, the whole law could have been struck down if it weren’t for Roberts. I will listen to Levin tonight, in fact, I will probably download that podcast, he will be livid, his podcast after the SB1070 was excellent.

    +13
    Reply
  • cjwk says:
    2012/06/28 at 12:32 pm  cjwk(Quote)

    Can SCOTUS justices be impeached? If so, what is the process? Those are my thoughts re this absolutely inexcusable, outrageous travesty of a ruling.

    +5
    Reply
    • Esther4HB says:
      2012/06/28 at 1:24 pm  Esther4HB(Quote)

      There is one case of a supreme court associate undergoing impeachment hearings, according the the Federal Judiciary Center website:
      Samuel Chase, Associate Justice, Supreme Court of the United States.
      Impeached by the U.S. House of Representatives on March 12, 1804, on charges of arbitrary and oppressive conduct of trials; Acquitted by the U.S. Senate on March 1, 1805.

      It seems unlikely for this to happen, though. Besides, if a member of SCOTUS were impeached, who knows where else they would turn up in a corrupt government? Just look at the case of Alcee Hastings.

      +2
      Reply
    • Suzy says:
      2012/06/28 at 7:10 pm  Suzy(Quote)

      I don’t know. It might be worth a try.

      +3
      Reply
    • Coy860 says:
      2012/06/29 at 10:04 am  Coy860(Quote)

      Of course the SC can be impeached, and they should.
      They cannot be allowed have the extreme power over 200+ million citizens and yet NOT be held accountable. The AZ ruling and now Obamacare gave the Supremes the incentive to rape the Constitution and the American People. Kagan lied to Congress to get her position, and worked on Obamacare defense while soicitor General. The very fact that she did not recuse is ground for impeachment. Roberts did not follow the Constitution, he legislated a TAX from the bench, for this he should also be impeached. Ginsburg proved how much she hates the Constitution in her writing and should be impeached for violating her Oath of Office. Citizens must research, organize and ACT.

      +3
      Reply
  • Andy says:
    2012/06/28 at 12:33 pm  Andy(Quote)

    I have to agree with WHI, it is good news. Makes people fighting mad and ready to toss Obama, which is what is needed. Maybe later we care either fix this thing or write a better one or leave things alone.

    +1
    Reply
  • Diamond Mair says:
    2012/06/28 at 1:10 pm  Diamond Mair(Quote)

    I was at the laundromat, and looked it up on my phone ……………………….. I’m STILL so mad I could smoke a pickle!

    I’ve been following Ulsterman & his WHI & WSI reports since Kevin pointed the way – all 3 SLAM Øbama & Co. every chance they get – and WHI has been correct far more often than s/he’s been wrong – but I am STILL pi$$ED ……………………….. damn bunch of eunuchs in DC ……………………………

    Semper Fi’
    DM

    +6
    Reply
  • A.W. Bihm says:
    2012/06/28 at 1:23 pm  A.W. Bihm(Quote)

    Don’t freak out by all this. I wasn’t totally surprised. Roberts believes in the constitution and outed Obama as a liar. Robert says this is a TAX and Congress has the right to tax the citizen’s. He also reigned in the government from constantly using the commerce clause. It’s a smart ruling for the Supremes. It may takae a little time for all of us to digest but it is the nail in Obama’s coffin. THE TEA PARTY LIVES

    +17
    Reply
    • 0_0 says:
      2012/06/28 at 2:25 pm  0_0(Quote)

      Roberts swore in a usurper. They all know O fails article II. It does matter.

      +6
      Reply
    • Bill says:
      2012/06/28 at 3:23 pm  Bill(Quote)

      Good point, that a lot of people are missing! The ruling spells out in no uncertain terms that Obamacare is NOT Constitutional under the Commerce or Necessary and Proper Clauses, but ONLY as a TAX. The Dissenters didn’t even buy this, and nixed it on all three grounds. This is a very subtle ruling that leaves the door wide open to the next Congress making the whole unseemly mess go away with a simple majority vote (see my post, below).

      Shake it off, guys! We’ve got four months to Save the Republic!

      +12
      Reply
      • DG in GA says:
        2012/06/28 at 3:58 pm  DG in GA(Quote)

        I’ve been hearing for days that this sort of ruling would be good news for the Repubs because Romney can run on overturning the entire abysmal thing. Obama can declare this a victory for now, but the truth comes out in November.

        I am still sick to my stomach, however, that Justice Roberts ruled this way. Perhaps I don’t know enough about it, and I will certainly read everything I can to try to understand this result.

        +4
        Reply
        • Aussie says:
          2012/06/28 at 5:31 pm  Aussie(Quote)

          You could be missing the point!!

          The Dimmies claimed that it was Constitutional under the Commerce clause. If you read the opinion this is not the least bit true.

          I suggest that you read Ann Althouse who has a good post on the subject of the Roberts opinion on the Commerce Clause.

          This opinion begins the narrowing of the application of the Commerce clause. Call it the Broccoli Opinion.

          What the SCOTUS has done is actually state the obvious that this was in fact a means to raise taxes on everybody by stealth. The raising of taxes is legal.

          Keep in mind I come from a country where a levy exists for medical insurance. I hate the way that the government interfered in the first place. I think it damaged what had been good in the past.

          +2
          Reply
          • Mafia Rose says:
            2012/06/29 at 10:21 am  Mafia Rose(Quote)

            Yes…and, if nothing else, it highlights the dangers inherent in the 16th amendment, which allowed the gov’t to tax our income in the first place, without placing any limitations on how it could be taxed.

            +1
    • jmc says:
      2012/06/29 at 11:57 am  jmc(Quote)

      obama was outed as a liar about 5 minutes after he came on the national scene back in 2004. Nobody cared then and not a whole lot of people care now, heck, even his supporters know he is a pathological liar but they don’t care, they’ll still vote for him.
      This was a bad thing the SC did no matter how you slice it and getting obamataxcare repealed is going to be near impossible.

      +2
      Reply
  • flyegirl says:
    2012/06/28 at 1:24 pm  flyegirl(Quote)

    I’m sorry, I am truly devastated by this news and in particular by Roberts. I was driving and listening to Glenn Beck when the decision was announced. I will need 24 hours to get my head wrapped around this. I can’t wait until the 24 hours passes, I hate this devastated, horrid feeling. Soon, I hope, I will get angry and feel better but for today, I am devastated.
    Nothing else to say.

    +8
    Reply
    • emjem24 says:
      2012/06/28 at 2:53 pm  emjem24(Quote)

      I’ve right there with you, flyegirl. I feel like Roberts’ backstabbed the US. So much for him being a “conservative” justice. I feel deflated and defeated and it’s not a feeling that will go away any time soon.

      +5
      Reply
  • Dave says:
    2012/06/28 at 1:24 pm  Dave(Quote)

    I will be sending in contributions to Mittens from here on in. It is imperative that everyone is made aware that we converse with, that this is a new middle class tax. To pay for those who wont.
    I personally am displease because I have great insurance that I love and am fearful of what might bode in the future now.
    Be strong, be positive, be diligent and be Breitbart!
    Go Mitt!!

    +12
    Reply
    • Air Force Brat says:
      2012/06/28 at 8:56 pm  Air Force Brat(Quote)

      I know a couple of people who are self-employed. They are, quite literally, one-man shows, and as such, they have no “company benefits” whatsoever. They can’t afford health insurance right now — literally every penny they make goes to physical survival, buying food, paying the mortgage, etc. These folks can (litereally) barely afford to live at all — so how in the effing Hell are they supposed to pay $700 per year MORE in taxes, ON TOP OF the unlubricated penalty shaft they ALREADY get for being self-employed???

      +5
      Reply
      • Robert James says:
        2012/06/28 at 11:42 pm  Robert James(Quote)

        I’m self employed as well, and although I’m doing fine now, my first several years in business were “lean” to say the least. I had to use (manageable) debt in order to survive for several years. Had I been forced to buy health insurance or pay extra taxes, I’m not sure I could have stayed in business.

        +2
        Reply
  • Lombardian says:
    2012/06/28 at 1:28 pm  Lombardian(Quote)

    We have to pull ourselves together and focus on what’s needed to be done which is to vote these people out and take the life out of this ACT by repealing it. There is much more at stake now. The SCOTUS did characterize this as a tax. So, we need to run with this and make it as visible as possible. I don’t need the chief justice to twist and turn his interpretation to make this thing work. I need to be rely on him and the others to strictly interpret the constitution. I need them to watch this country’s back, not try to hammer a square peg into a round hole with the court’s gavel.

    +10
    Reply
    • TheTamminator says:
      2012/06/28 at 1:33 pm  TheTamminator(Quote)

      Forget about the SCOTUS for now and focus on getting these jerks out of office and replaced with conseratives.
      I agree with the White House Insider.
      I was at a fundraiser for a Republican last night, and it was full of tea party people.
      More tea party groups are springing up all over the Twin Cities here in Minnesota. And this State is as liberal as they come.

      This decision will fire up the tea party like nobody’s business, folks.
      The dems are going to go down so hard this time that it will make 2010 look like a joke.
      DO NOT LOSE HOPE.
      Get active. Join a group. Do something, or donate money to a candidate that you believe in.

      WE WILL PREVAIL.

      +23
      Reply
    • Aussie says:
      2012/06/28 at 5:34 pm  Aussie(Quote)

      Lombardian look beyond the tax aspect and have a look at the Roberts opinion on the Commerce clause because that opinion actually shows that the Dimmies in the Congress who had banged on about the Commerce Clause and its application are blithering idiots.

      Kagan should have recused herself from having anything to do with the case.

      +4
      Reply
  • jmc says:
    2012/06/28 at 1:49 pm  jmc(Quote)

    Not surprised, fully expected it. Voting them out in November will be harder than we think. In an honest election obama would get blown out in Nov., but this will be the most fraudulent election in our history. I think that obama and the left has already gotten together millions of absentee ballots, have car trunks full of ballots that were “just found”, and have signed up every dead person, cartoon character, dog, cat, etc. that will of course cast their vote for obama. They know they will lose big unless they cheat so they are already on it. Sad part is that they could do all this out in the open as not one person from the GOP will say anything about it for fear of being called racist.

    +16
    Reply
  • Bill says:
    2012/06/28 at 3:13 pm  Bill(Quote)

    First reaction: stunned. Then, anger, followed by depression (very Kubler-Rossian, actually).

    Wrote and posted an LJ article ‘The Day the Republic Died’.

    Then, thought about it some more. There’s a suspicion that somewhere, buried in Obamacare, is a proviso that it would take a 2/3 majority of both Houses to kill the damned thing (I’m not certain, haven’t read it and never will). However, it’s a moot point now. Robert’s decision makes it legal ONLY as a TAX…and a tax only requires a simple majority to kill it.

    So, let’s play out the thought experiment: Roberts writes the opinion, and does a judo-throw back to Congress by upholding it ONLY as a TAX. The Republican base (as has been mentioned above) is going to go ape-shite, open up their wallets, and be beyond livid through election day. The Dems will be jubilant (since ‘not gloating’ isn’t in their psyches at all), but this will have worn off by election day.

    The Republican base turns out in droves in November, while the demoralized Dems (they still have precious little to be happy about) stay home. IF the Republicans can keep the House (likely) and take the Senate (possible), then an angry Congress can gut the thing like a fish.

    Even better, an angry Congress can then keep on rolling…reform the tax code…audit the Fed…crucify the EPA…eviscerate the regulatory code…and then go home. That way, it doesn’t matter as much WHO is the POTUS come next February; an angry Congress can always defund little things like Energy, Education, a few dozen Czarinas….

    Okay, realize that’s hopelessly optimistic. But, it beats sitting here crying on the keyboard.

    +18
    Reply
    • flyegirl says:
      2012/06/28 at 3:40 pm  flyegirl(Quote)

      I know, I feel like crying too. If we get a Repub majority and overturn Obamacare, all it will take to bring it back is a Dem majority. The SC has ruled and it stands. Roberts has single-handedly changed America forever. I don’t think he is right in the head any more. And I thought he was such an intelligent man. Why would he go out of his way to change the country forever? I just don’t understand it. I’m aghast.

      +3
      Reply
    • Aussie says:
      2012/06/28 at 5:36 pm  Aussie(Quote)

      Roberts did more than many are giving him credit because he wrote an opinion on the application of the Commerce clause explaining why it could apply in the Wickard and Raiche cases and why it is inappropriate to apply it for an inactivity.

      This is in fact great news in the long run.

      +1
      Reply
  • Patti says:
    2012/06/28 at 3:27 pm  Patti(Quote)

    Sarah Palin: Thank you SCOTUS. This Obamacare ruling fires up the troops!

    Excellent. Via Sarah Palin’s Facebook:

    Thank you, SCOTUS. This Obamacare ruling fires up the troops as America’s eyes are opened! Thank God.

    This proves to be such an unsettling time in America as we undergo the fundamental transformation that Barack Obama promised he would do to us if elected. Obamacare was dealt in deception and confusion by flooding the public with an overwhelming amount of conflicting “rationale” via thousands of pages of unread legislative detail, which is the radical left’s M.O. Obama promised the American people this wasn’t a tax and that he’d never raise taxes on anyone making less than $250,000. We now see that this is the largest tax increase in history. It will slam every business owner and every one of the 50% of Americans who currently pay their taxes. The other 50% are being deceived if they think they’re going to get a free ride – because Medicaid is broke. Recipients of Obama’s “free health care” will have fewer choices and less accessibility. Trust me – this much more expensive health care WILL be rationed; to claim otherwise defies all economic and common sense.

    We will not retreat on this. A newly elected legislative branch is key to defending our Republic and fundamentally restoring all that is good in America.

    SCOTUS now rules this is a tax? Well, Congress has the ability to create taxes – and also has the ability to rescind them. Upon their return from the July recess, Congress should act immediately to repeal this terrible new tax on the American people, and indeed they must repeal all of Obamacare. This is the most brazen and sweeping new tax and government overreach imposed on us. We the People did not ask for this tax, we do not want this tax, and we can’t afford this tax. This is not an answer to America’s health care challenges.

    It’s time, again, for patriotic Americans to rise up to protest this obvious infringement on our economic and personal freedom. November is just around the corner. Today, the Supreme Court issued their ruling on Obamacare. In November, We the People will issue ours.

    - Sarah Palin

    130 days

    +16
    Reply
    • jmc says:
      2012/07/01 at 12:22 pm  jmc(Quote)

      Sarah is awsome! Someone really needs to tell the folks over at conservatives4palin that they need to vote for Romney, Sarah Palin most certainly will be voting Romney.

      +2
      Reply
      • jmc says:
        2012/07/01 at 12:24 pm  jmc(Quote)

        Whoops…That should be “awesome” with an E.

        +0
        Reply
  • Patti says:
    2012/06/28 at 3:29 pm  Patti(Quote)

    In light of the Supreme Court’s determination that Obamacare’s individual mandate is nothing more than a tax increase, a mind-boggling $1.76 trillion tax increase to be precise, I thought it would be useful to remind voters of Choombama’s campaign pledge in 2008:

    Read my lips:

    http://www.youtube.com/watch?v=Q8erePM8V5U

    here’s a transcript:

    I can make a firm pledge, under my plan, no family making less than $250,000 a year will see any form of tax increase, not your income tax, not your payroll tax, not your capital gains taxes, not any of your taxes.

    Right.

    +9
    Reply
    • Robert James says:
      2012/06/28 at 7:06 pm  Robert James(Quote)

      I’m sure there will be campaign commercials to follow. Certainly, Obama has passed a HUGE tax increase on everybody, as per the SCOTUS

      +3
      Reply
  • Proud Infidel says:
    2012/06/28 at 3:55 pm  Proud Infidel(Quote)

    While I do not view the ruling as good news, it now makes Obamacare a major issue along with the economy in the 2012 election. If a majority of the people truly oppose this monstrousity, then Obama loses. I did something I had not done in a long time this morning, I sent Mitt Romney a donation. I suggest you all do the same. Time to walk the talk, people.

    Don’t forget, Obamacare was a big reason for the 2010 Teanami.

    +9
    Reply
    • TheTamminator says:
      2012/06/28 at 4:47 pm  TheTamminator(Quote)

      Good for you, infidel.
      We all have to take some action, whether it be via a donation or some other activity.
      This election is going to be a double Tsunami, PI!

      +4
      Reply
  • Devon says:
    2012/06/28 at 5:04 pm  Devon(Quote)

    I agree with WHI. Since this mornings ruling I have seen re-energized Republican voters and tea party participants.

    +6
    Reply
  • Aussie says:
    2012/06/28 at 5:39 pm  Aussie(Quote)

    Can I urge everyone to have a look at Ann Althouse on this very subject. She has started doing an analysis and the first is on the Commerce Clause aspect of the case. The Dimmis lost that round.

    +5
    Reply
  • HopeandChange(TM) says:
    2012/06/28 at 6:15 pm  HopeandChange(TM)(Quote)

    Romney raised $1M in the first three hours after the ruling; as of 6:30 p.m. ET, it was $2M. http://www.washingtonpost.com/blogs/the-fix/post/romney-raises-2-million-off-scotus-decision/2012/06/28/gJQAOCGt9V_blog.html

    +7
    Reply
  • spike says:
    2012/06/28 at 7:05 pm  spike(Quote)

    On the lighter side——-Olebigears also lost today.He is no longer the most hated man in the USA.Roberts took his place!Don’t forget to donate or join a locale TParty,they are the ones who are working on electing conservitive senators and congress critters. May God Bless the USA!

    +3
    Reply
    • Aussie says:
      2012/06/28 at 7:36 pm  Aussie(Quote)

      Roberts will only be hated for a short time… once people see that he in fact made a ruling that curtails the Commerce Clause some will see this in a different ligjt.

      Also the declaration that this is a tax is something that will hurt the Stupid one….

      +3
      Reply
  • sharon says:
    2012/06/28 at 7:27 pm  sharon(Quote)

    There is no good news here. We live to fight another day because we fight for the long term, for the grandkids. Regardless of what our feelings may be about abortion or prayer in school, Obamacare will now become the political argument for campaign after campaign for years to come without ever being settled or repealed. Romney will “replace” it with his brand of government intervention. The federal government based on todays ruling can force us to purchase anything at anytime. We fight for the long term.

    +1
    Reply
    • Robert James says:
      2012/06/28 at 11:48 pm  Robert James(Quote)

      I disagree with the assessment that there is “no good news” to be found. The ruling essentially turned the mandate from a commerce-clause penalty for inaction into a tax & tax credit scenario. That’s important because it doesn’t FORCE you to purchase anything any more than the child credit “forces” you to have children, or the education credit “forces” you to go to college.

      What the SCOTUS ruling means is that Obama signed into law a huge tax increase on everyone, breaking one of his main campaign promises, and allowing the “tax penalty” to be repealed with a simple majority vote.

      Certainly, I’d have preferred the entire thing be struck down completely, but this ruling wasn’t ALL bad. Still, you’re right that we must fight for the long term.

      +9
      Reply
  • Robert Bush says:
    2012/06/28 at 9:00 pm  Robert Bush(Quote)

    I was listening to Fox News this morning when the news of the SC decision came through. As most were, I was not expecting this.

    As my wife & I discussed this decision over dinner, I remembered the Ringo Starr song, ‘It Don’t Come Easy’ and it hit me that we had been expecting to take the easy way out on this issue. Let the SC do it, they can be the villains.

    Let’s suppose that they had found the ACA unconstitutional and thrown it all out. Our nation would still be faced with many issues to resolve, all of them difficult and all of them intertwined.

    Perhaps then, though our task is going to be monumentally more difficult, the SC actually did us a favor in making us face the entirety of our problems.

    On healthcare, on welfare, on education, on immigration, on taxation and on so many other issues, we need to get back to the basics of what the government was designed to do and how they were meant to do it.

    When I look at the history of our nation, I see a continued struggle from 1789 to the present over the role of the Federal government. The Whiskey Rebellion, the Civil War, the passage of the 16th and 17th Amendments, and then the Great Depression were all battles that found the Federal government becoming stronger at the expense of the states. From the late 19th century on, we have been letting the government assume the responsibilities that families, churches, communities and states had reserved for them either by our culture or through the Bill of Rights. The Great Depression found the Federal government becoming our ‘nanny’ and then LBJ’s Great Society built on this. It used to be scandalous if a man didn’t provide for his children. Now, the government does (and through their misguided ‘good intentions’, they have destroyed the traditional family). When someone lost a job, their family helped get them back to their feet with the understanding that they would find work ASAP and the if help was needed for another family member, they would contribute. Churches helped the poor and when a disaster struck a community, their neighbors and their state stepped up to help. (An aside, thirty years ago when I was working during summer break of college as a teacher’s aide in Headstart, we had a student who wasn’t eating his cookie. When I asked him why, he told me that his teeth hurt. His dad was a sharecropper who was an honest man but because his dad had died when he was in school, he had been forced to drop out and take care of his family. They didn’t make much and what little they had could not pay dentist expenses. Our nurse called a local dentist who donated the care this boy needed. In less than a week, he was enjoying cookies. That is how communities used to operate.) The recipients of assistance didn’t take it for granted, they were grateful (though somewhat uncomfortable at having to ask for help) and did not regard it as an entitlement.

    We will not get back to that point, people are too accustomed to mooching but we can try.

    +8
    Reply
  • Indy says:
    2012/06/28 at 10:11 pm  Indy(Quote)

    Mark Levin, thanks to rightscoop

    http://www.therightscoop.com/mark-levin-analyzes-scotus-ruling-upholding-obamacare/

    Good discussion at the below link, Congress can tax anything, argh

    http://www.theblaze.com/stories/real-news-from-the-blaze-what-legal-precedent-will-supreme-court-obamacare-decision-set/

    +2
    Reply
  • SpudIslander says:
    2012/06/28 at 10:33 pm  SpudIslander(Quote)

    I concur with Aussie above. There are two things at play here: the political, and the legal.

    Politically, the GOP has been relying on the SC to do it’s dirty work for too long (McCain-Feingold, anyone?). CJ Roberts has just dumped a POLITICAL problem back into the laps of those who created it. Politically, the GOP needs to assert it’s power in the House, and that will only happen as the Establishment GOPer’s are primaried.

    Legally, CJ Roberts is correct. ACA IS in fact, a tax. And the Feds DO have constitutional taxing powers. Kennedy’s dissent is correct in the reading of the act as NONTAXING.

    Boehner has tweeted July 11th as a house vote on ACA.

    Aussie is also correct that tax and funding bills only require 51%, and can be killed in commitee, if needs be. This thing can be gutted in the House, but our guys need to have the balls to stand up and be counted as doing it. That’s their problem. Cowardice.

    Push them. Tweet, email, phone, snail mail. Everything but the kitchen sink at your Congress critter and Senator. Short and to the point. Kill this thing, or not a dime, and actively looking to primary you with somebody who has the nuts to do the right thing.

    +11
    Reply
  • HopeandChange(TM) says:
    2012/06/29 at 5:48 am  HopeandChange(TM)(Quote)

    Erick Erickson at Red State makes some interesting points here: http://www.humanevents.com/2012/06/28/erick-erickson-roberts-forces-us-to-deal-with-health-care-politically/

    +0
    Reply
  • sunee willhouse says:
    2012/06/29 at 7:33 am  sunee willhouse(Quote)

    Sedentary Agitatiion may be hazardous to your health!

    Should be a bumper sticker and over your signature on every email you send out between now and election time!

    +0
    Reply
  • plainjane31 says:
    2012/06/29 at 10:39 am  plainjane31(Quote)

    Repealing Obamacare

    http://dailycaller.com/2012/06/29/yglesias-1-lizza-frum-0/

    +0
    Reply
  • Paul in N. AL says:
    2012/06/29 at 10:56 am  Paul in N. AL(Quote)

    See the problem here is we can’t compete politically. Dems fight against voter ID so that illegals can vote, they breed like rats in those blue states so they can have more votes after all its free govt welfare not like they have to take care of their own kids. Then add on that voter corruption in those states as well as voter stupidity.

    We need plans to counter act this.

    I still think we’re in the low scale of another civil war, and this one we’re losing pretty bad. The ones even in red states we elect into govt just cannot be trusted anymore.

    +2
    Reply
  • NJ Mike says:
    2012/06/29 at 2:15 pm  NJ Mike(Quote)

    So, we win the battle and lose the Country? Talk about pyhrric victories……..
    Don’t own Playboy magazines?
    Tax ya’
    Don’t own guns?
    Tax ya’
    Don’t own a hybrid?
    Tax ya’
    Roberts is a traitor who abjured his Oath and sold the Country out for cocktail party invites.
    As for the ‘nuance’ that will ‘restrict’ the left? Buddy, each and every one of us KNOWS they’ll ignore what they want and beat us with what they will.
    I am not at all surprised to find that John Roberts will be in Malta during the 4th of July. That date means NOTHING to him.

    +1
    Reply
  • Coy860 says:
    2012/06/29 at 2:41 pm  Coy860(Quote)

    Oh PLEASE stop with Roberts is good and the Commerce Clause yadda yadda. NONSENSE.
    On the very first day of hearings, the Court had to focus on whether this was a TAX. Remember the argument? This was because, IF it was agreed that it was a tax, then the case would at that MOMENT have been set aside, as it doesn’t kick in until 2014, and first it has to kick in and cause harm, which then gives it standing before the Court. So day ONE it was argued as NOT being a tax.
    Day two, back at the Court, it was argued as being a tax.
    As for the Commerce clause, the ruling only applies to application for Obamacare. It is still there and democrats will try to use it again.
    Roberts ignored the entire first day arguments that it was not a tax. He was determined to make it a tax and save the Law even if he twisted himself into a crooked pretzel.
    Come on, we are not liberals soaking up PAP from media jerks. Thinking people see this as a simple case, Unconstitutional that should have been ruled against. Don’t listen to people trying to make simple complex. Even Kennedy said it was, and he was the one we were worried about.

    +2
    Reply
  • PackerFan4Life says:
    2012/06/29 at 3:15 pm  PackerFan4Life(Quote)

    We must not miss the forest for the trees here. Romney getting in is only part of the puzzle. We also need to take over the Senate (probably an ever harder nut to crack than the white house right now). It will do no good to put in a R POTUS with a D Senate and/or House. Then, after all the hard work is done cleaning those scumbags out of the white house as well as both houses, THEN we have one more task: lighting a fire under the R’s to try (for the first time ever probably) to unite them together to be as unified in taking this travesty down as the D’s were in putting it in!

    Another note: besides it making the healthcare legal, this supreme court ruling also gave unlimited power to the government. Now they can tell us to buy anything they want to and give us a “tax” penalty if we don’t do it! Is telling us we all have to buy Chevy Volts next?

    +3
    Reply
    • Robert James says:
      2012/06/29 at 3:53 pm  Robert James(Quote)

      The government already gives us a “tax penalty” for not having kids, not going to college, etc. The way this is structured will be no different. The only difference is the way it came about — instead of being presented to the public as a benefit, we’re being told Obamacare raised everyone’s taxes. But the underlying format of the carrot/stick incentive is no different from other tax credits.

      Far more concerning is the idea that the government argued it WAS NOT a tax, and Roberts seemingly chose to override that stance and reinterpret the mandate as a tax. I’m not schooled enough in law to know how typical this may or may not be. My guess is that a lawyer arguing in court that something is not a tax, doesn’t actually mean that it’s not a tax, even if that lawyer represents the party who created the tax or fee in question. What matters is what was written, and how it is applied.

      I haven’t yet read enough about the whole thing to know for sure if Roberts stretched the language or even “rewrote” Obamacare’s mandate provision to turn it into a tax. But I’m going to keep researching, because it’s certainly concerning.

      +2
      Reply
      • PackerFan4Life says:
        2012/06/29 at 4:03 pm  PackerFan4Life(Quote)

        What is additionally concerning is that the question of whether it is a tax or not was the very first question asked in the first day of presentations. Why? Because if it IS tax, the law says that it can’t be brought into court until someone has had to pay that tax. If the court had determined this was truly a tax it would never have gone onto the 2nd (much less the 3rd) day of presentation, since it would have been thrown out since nobody has had to pay the tax yet. So Roberts not only changed it to a tax (when Obama kept insisting over and over it was not), but he broke another law by having the court review a case on a tax that hadn’t had any payments made on it yet. This whole judgment is so full of holes that you’d think it was Swiss cheese, and not a national law being disputed!

        +2
        Reply
        • Robert James says:
          2012/06/29 at 4:52 pm  Robert James(Quote)

          Interesting, I’ll have to look into that as well

          +0
          Reply
  • Lombardian says:
    2012/06/29 at 3:55 pm  Lombardian(Quote)

    Absolutely funny. McCaskill will not comment about whether she now supports obamacare. You see, when it is the senator’s job that is on the line, she runs scare. When it is our job on the line, she is seen virtually laying on top of obama. She’s a disgrace and I hope that she sweats it out.

    http://www.weeklystandard.com/blogs/missouri-dem-senator-hiding-reporters_647993.html

    +3
    Reply
  • Indy says:
    2012/06/29 at 7:40 pm  Indy(Quote)

    Recommended reading for anyone who thinks the ruling was a win for reeling in the Commerce Clause.

    “Mark Levin: The Supreme Court DID NOT limit the reach of the commerce clause”

    On legal issues, I tend to go to Levin to understand, along with Prof. Jacobson at LI, Andy McCarthy at PJM all three have written that America lost, there is no sliver lining in this case…we were one vote away from the entire bill being tossed as unconstitutional, Roberts re-wrote the law, he did not simply call balls and strikes, he balked and gave the pitcher a redo…unbelievable.

    http://www.therightscoop.com/mark-levin-the-supreme-court-did-not-limit-the-reach-of-the-commerce-clause/

    You can download the podcast from yesterday and (Tuesday also for SB 1070 if you are interested in that case) his insight is worth listening to on legal matters.

    +2
    Reply
    • Indy says:
      2012/06/29 at 7:51 pm  Indy(Quote)

      McCarthy’s piece” Led by Chief Justice John Roberts, the Supreme Court decided that Americans have no right to due process. Indeed, the Court not only upheld a fraud perpetrated on the public — it became a willing participant….” read the full piece, caution your BP will rise

      http://pjmedia.com/andrewmccarthy/2012/06/28/obamacare-ruling-pure-fraud-and-no-due-process/

      I also like Althouse, over the weekend I will read her posts.

      Let’s work to get conservatives elected, it will take 51 votes in the Senate to repeal since this is now a tax.

      Thank you to the 4 Justices who made the right call, I will download and read the full dissent over the weekend, it is one opinion I want to share with my kids.

      +2
      Reply
  • Layla says:
    2012/06/30 at 5:57 am  Layla(Quote)

    This is what irritates me:

    During arguments, one of the female Justices said something along the lines of, “Surely, you do not expect us to read this entire bill.”

    Since Congress is the legislative branch, and the SCOTUS is charged with ruling on the Constitutionality of laws passed by Congress, I dam*ed sure DO expect every Justice to read the entire bill! Without doing so, any decision they make is an uneducated one.

    Very disappointed in SCOTUS. It’s not the first time, and now I know it won’t be the last time.

    +1
    Reply
  • sablegsd says:
    2012/06/30 at 7:09 am  sablegsd(Quote)

    benedict roberts takes heavy duty meds for epilepsy.

    Quit deluding yourselves, there is no silver lining. benedict roberts didn’t perform some stealthy, down the road favor. He sided with the commies on the bench. He’s a traitor.

    I doubt there will be an election. There will be simultaneous, “spontaneous” riots in every major city and ovomit will be “forced” declare martial law. Bank on it. Occupoopers, flash mobs, the new black panthers free rein to call for bounties and killings, DRY RUNS.

    +2
    Reply
    • Robert James says:
      2012/06/30 at 8:12 am  Robert James(Quote)

      People said the same thing about Bush. I suppose it’s possible, but I’m a natural skeptic about things like this. I enjoy entertaining the theories, but the evidence better be very compelling.

      Declaring nation-wide martial law is no simple thing.

      For one, I don’t think we have the martial power to actually impose a nationwide martial law. It’s just not a practical endeavor.

      Two, I think the forces involved would have a VERY hard time following orders to lock down the US homeland in order to further the suspension of elections and perpetuate Obama’s power. If anything, any martial law imposed would be to quell the rioters (who, by your theory, would be the Obama SUPPORTERS) in order to RESTORE order and restore elections.

      Three, it will take much, much, much more than riots in most major cities to justify martial law. Local police forces will be more than capable of handling said riots without federal involvement. Imposing martial law will, in my opinion, only come after another major terrorist attack, probably one of chemical, biological, or nuclear nature, and one that originated from within the homeland.

      Four, suspension of elections is no small matter. The Federal government doesn’t actually have ANY legal authority over elections. Each individual state is responsible for its own state’s elections. Therefore, there is no existing power whatsoever for Obama to actually prevent elections from taking place.

      Five, the general public is just far to well armed for martial law dictatorship to be a reality. The civil resistance would be so great that no government-by-force could ever hope to actually be successful.

      Six, I think Obama is way too concerned with his own image and legacy to actually even attempt a dictatorship by force. Yes, I think he WOULD like to be “king,” but any plans on getting there revolve around subverting the Constitution and the law, for which he can rely on the shadows of ambiguity and the distraction of reality television to protect him from angering the public en masse. Imposing martial law, on the other hand, will immediately destroy any hope of a “legitimate kingship,” even among many who are staunchly pro-Obama now.

      Finally, I don’t see a reason why Obama’s minions would try to riot BEFORE the elections. Maybe they would riot AFTER the elections, assuming Obama loses.

      If there were any concerns about suspension of elections, you should be looking to 2016 if Obama wins reelection. Although I personally think that a 2nd Obama term will see massive erosion of our sovereignty in deference to the United Nations, and Obama’s next target will be at the U.N. as “president of the world.”

      +2
      Reply
  • Coy860 says:
    2012/06/30 at 4:07 pm  Coy860(Quote)

    This ruling has given me a heavy heart, as I am of the age to face the death panel.
    The thought of the IRS enforcing this goes against everything I believe in. Law is supposed to based on the Constitution. Today while driving I was giving this mess a lot of thought. HOW can we eliminate it, and the IRS jackboots?
    THEN it dawned on me. Herman Cain talked frequently about the Fair Tax, and since democrats demonized it into something it was not, he developed the 999 plan.
    Eliminate the Income Tax, put a consumption tax in place. Good bye IRS. Let everyone have some skin in the game. Even the 47% who pay no Federal income taxes would be contributing something.

    +2
    Reply
  • chatterbox365 says:
    2012/07/02 at 5:16 pm  chatterbox365(Quote)

    Well…as of today Romney is saying the mandate isn’t a tax. This is the biggest blunder of his campaign since he is now completely at odds with the GOP establishment, Tea Party, the Conservative Base and the Independents. This keeps up, get ready to swallow four more years of Obama. Oy vey!

    +2
    Reply
    • Robert James says:
      2012/07/02 at 7:23 pm  Robert James(Quote)

      Thanks for the tip. Here’s one article on this: http://online.wsj.com/article/SB10001424052702303933404577503212355280288.html

      I agree this is a bad move for Romney. I think I understand why he did it, but it doesn’t seem like the best available strategy. Obama promised no new taxes for anyone making under $200K. The SCOTUS ruled that the Obamacare “mandate” is a huge tax, 75% of which falls on folks making under $200K. That’s campaign gold right there.

      +2
      Reply
      • 3XALADY says:
        2012/07/03 at 5:43 am  3XALADY(Quote)

        I saw that on a Fox news trailer last night (that Romney agrees with Zippy it is a ‘penalty’ and not a ‘tax.’ Bend over, kids. It’s a commin’! I also heard or saw yesterday that Cankles Klintoon gave the Un $2 BILLION, will be giving them another $98 BILLION, for global warming. Does she have a stash like Zippy does? Or is the House writing a check. Also, the vote giving the UN control over firearms in the US happens on July 27. DH read in the paper this morning that 41% of the population doesn’t know about the SC vote and probably don’t care. That would be the ones who don’t pay taxes so it doesn’t make them any difference.

        See lamecherryblogspot.com for some interesting ‘footage’ on CJ Roberts – and other things.

        +2
        Reply

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