Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. John Roberts is playing at a different game than the rest of us. We’re on poker. He’s on chess.
First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term. It seems to me the left was smart to make a full frontal assault on the Court as it persuaded Roberts.
Second, in writing his case, Roberts forces everyone to deal with the issue as a political, not a legal issue. In the past twenty years, Republicans have punted a number of issues to the Supreme Court asking the Court to save us from ourselves. They can’t do that with Roberts. They tried with McCain-Feingold, which was originally upheld. This case is a timely reminder to the GOP that five votes are not a sure thing.
Third, while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach. In so doing, he has affirmed the Democrats are massive taxers. In fact, I would argue that this may prevent future mandates in that no one is going to go around campaigning on new massive tax increases. On the upside, I guess we can tax the hell out of abortion now. Likewise, in a 7 to 2 decision, the Court shows a strong majority still recognize the concept of federalism and the restrains of Congress in forcing states to adhere to the whims of the federal government.
Fourth, in forcing us to deal with this politically, the Democrats are going to have a hard time running to November claiming the American people need to vote for them to preserve Obamacare. It remains deeply, deeply unpopular with the American people. If they want to make a vote for them a vote for keeping a massive tax increase, let them try.
Fifth, the decision totally removes a growing left-wing talking point that suddenly they must vote for Obama because of judges. The Supreme Court as a November issue for the left is gone. For the right? That sound you hear is the marching of libertarians into Camp Romney, with noses held, knowing that the libertarian and conservative coalitions must unite to defeat Obama and Obamacare.
I disagree. Its not Roberts job to look at the political ramifications of the issue, he is there to rule if it is constitutional and Obamacare was passed as a Government Mandate not a Tax, so he over reached his job and like Liberals do he applied his view of what it should be and not what it was.
Amazing how many right-wingers are not capable of analyzing the many nuances of constitutional law. I guess the arrive at this talent from always being right.
@Liberal1 (objectivity): I agree, of course Democrat polticians insisited this was NOT a tax. How do you reconcile this??
I am certainly not down on Justice Roberts or his decision. The grounds that 0-bamacare represents a tax increase is a reasonable conclusion. Of course Democrats insisted it was not a new tax, shows what they know. It is wise to remember that Roberts did not comment on how stupid what congress has acted to create this tax increase. Don’t worry, America spoke loud and clear last election cycle and they will again this one. The Tea Party Will Rise Again!!
Pretty well played by Roberts, this is blocking and punting to the election with a boost to the non-leftist claque.
I am down on him. It was not written as a tax. Obama said it wasn’t a tax. Administration lawyers at times said it wasn’t tax. Roberts went looking for a reason to uphold it. In essence, he re-wrote the law and that is not his job. He screwed up in a big way and we may end up paying for it.
I do not consider him a “traitor”. I would only support his removal if he decided one way, then caved to pressure and ruled another for non-legal reasons.
Common Sense Tea Party got busted in Utah Repub. Primary . Orin Hatch,one of the really good guys in Repub. Party, won handily. The Tea Party has struggled to put up viable candidates and is viewed unfavorably by majority of American voters. Enjoy the summer in South County.
@Richard Wheeler:
Keep dreaming rich. November will be a great day for Americans. A bad day for dems.
Sorry, Curt, but I am down on Roberts. He could have simply stated that the ACA was unconstitutional based on the limits on the Commerce Clause. Instead, Roberts went digging to find a way to claim the individual mandate is proper under the Congress’ ability to tax, when even the attorneys for Obamacare proclaimed, in court, that it was NOT a tax.
And now you want to brush this ruling off as Roberts giving us a lesson in how the Democrats love to tax? Like that was not already known? Or that Roberts is forcing this to be viewed as a political, and not a judicial matter, when the SCOTUS has been the last stop whenever there is a question about the Constitutionality of a law? That was not wisdom. That was pure cowardice. Or that by removing the question of appointing justices from the Democrats play book, it enables us to concentrate on the real issues in this election? Really? Have you been reading the polls of what is the most important issues in this elections? Let me tell you: JOBS, JOBS, JOBS, DEBT, DEBT, DEBT.
Chief Justice John Roberts position is to act as a jurist, the highest in our land. Not protect the court from liberal attacks by issuing a ruling that is now being heralded by the left as the greatest thing since sliced bread.
@retire05:
Actually the attorneys for Obamacare argued both sides, in lower courts they said argued it wasn’t a tax. In Federal Court they argued that it really was a tax. In the Supreme Court they also argued that it was a tax.
The Republicans in congress stated it was a tax from the very beginning, The Democrats however declared that it wasn’t a tax but a penalty, and used that to pass it under the rules for “budget reconciliation” rather than the different harder to pass rules required under the passage of taxes. Of course they also made sure that no one would be able to read the bill before the vote to figure out if it was or wasn’t a tax. (“You have to pass it to find out what’s in it” – Nancy Pelosi) Even Democrats should have had their BS meter pegged on that, as they certainly would have had a Republican ever made such an incredibly aloof, and chilling statement that hoisted DANGER signs all over America. I think that statement alone was a compelling reason for voters to vote Republican in 2010.
We now however know that we can never ever again accept that anything the Democrats say is the truth. They will twist the truth, hide the facts, cheat and outright lie to get what they want passed. They will tell the people anything to get elected, then arrogantly do as they damn well please once in office. Their refusal to tackle jobs and the economy as promised, and instead only focusing on progressive political agenda items and crony capitalism paybacks, showed how little they consider what is really important to the people. Their out of control spending raised the deficits to new heights resulting in the US’s credit rating being downgraded (and it will very likely be downgraded once again soon.)
The Republicans time and time again passed job creation and economy addressing bills in the house, only to have the Senate Democratic leadership sit on it for purely partisan reasons. The title of “the party of NO” can now be applied to the Democrats who have said: NO to fiscal responsibility, NO to fixing the economy, NO to protecting the borders and addressing and enforcing immigration law, NO to finding out the truth about “Fast & Furious”. NO to job creation (unless they are union or government worker jobs), NO to the separation between church and state (allowing the government to violate the first amendment rights of religious institutions). and NO to you and your doctor managing your healthcare, (preferring by regulation to have faceless bureaucrats lacking any medical training, to determine your healthcare needs).
In the past, I admit I’ve voted for Democratic candidates if I thought they were the best choice available, but not again. When I can’t trust that anything a Democrat tells me prior to elections or regarding the passage of law will be the truth, I can also no longer believe that they are representing their constituents. I may not vote for the Republican, but I’ll vote third party or “none of the above” before I vote for any member of a faithless party lead by socialists, confidence men, and liars.
And take notice Republican party politicians, that you have many of us close to to dumping you as well. It is only because of the “Tea Party” and the fear of what another four years of the current Socialist in Chief will bring, that I am willing to give Republicans one last chance to get responsible and fix this mess. Screw us over like you did last time you had full control, and we’ll have nowhere else to go but third parties.
HOW COME THE JUDGE ROBERT BELIEVED THE LIE OF THE LEFTIST LAWYERS saying it is a tax?
when OBAMA DENIED IT WAS A TAX,
it tell us that the lawyers lied [ because OBAMA DENIED IT], SO THEY LIED AND THEY SCREW THE JUDGE,
and why the judge took their word and did not check on them?
IS IN HE A CONSERVATIVE JUDGE? WHO SHOULD KNOW THE STYLE OF THE LEFTIST TO LIE IF IT FIT THEIR GAME, JUDGE SHOULD KNOW NOT TO TRUSTH THEM LIKE EVERY CONSERVATIVES DO
Seems Roberts didn’t want the SCOTUS decision construed as a straight 5-4 “politically motivated ” defeat of the bill. I’m sure he was upset by Alito’s rantings just prior to decision being rendered.
As Chief Justice he was primarily concerned with “saving the Court”and found a way to do so.
CURT
do you know about what MICHAEL SAVAGES SAID THAT JUDGE ROBERT SUFFER EPILEPSY AND THE NEUROLOGUES WIL ADMIT IT CAN INFLUENCE THE COGNITIVES AND DECISIONS ,
IT COME FROM THE OTHER JUDGE ROBERT POST WHY ROBERT DID IT YOUR POST TOO
THE LINK IS THERE ON A GREG COMMENT
judge ROBERT ALSO SCREW UP ARIZONA, that is two times on the same day upholding
the demand of the PEOPLE, which where the most important decisions because they have been challenge all theses years before, and in the case of ARIZONA , it made the GOVERNOR in a position to fight the FEDERAL GOVERNMENT all theses years in a confrontation which was not easy for ARIZONA to sustain, but they did hold their ground and bare the cost, and now are getting a worse deal by having the uphold decisions from JUDGE ROBERT,
if THAT COURT are so afraid to loose their image, what is their job in there for, they should not be concern about their prestige, because they are the SUPREME COURT AREN’T THEY?