One on the ‘Affordable Care Act’ aka Obamacare; the other on the right of sleezebags to wear military medals that were not awarded or earned.
Like many, I initially thought Chief Justice John Roberts had sold out by siding with the more pink side of the court. But, I’ve not yet had time to read the entire text of both sides of the decision. So, I withheld judgement.
Then, I saw a number of conservative and libertarian bloggers pronounce that my initial impression was not the case. i.e.
Before you look to do harm to Chief Justice Roberts or his family, it’s important that you think carefully about the meaning – the true nature — of his ruling on Obama-care. The Left will shout that they won, that Obama-care was upheld and all the rest. Let them.
It will be a short-lived celebration.
Here’s what really occurred — payback. Yes, payback for Obama’s numerous, ill-advised and childish insults directed toward SCOTUS.
Chief Justice Roberts actually ruled the mandate, relative to the commerce clause, was unconstitutional. That’s how the Democrats got Obama-care going in the first place. This is critical. His ruling means Congress can’t compel American citizens to purchase anything. Ever. The notion is now officially and forever, unconstitutional. As it should be.
Next, he stated that, because Congress doesn’t have the ability to mandate, it must, to fund Obama-care, rely on its power to tax. Therefore, the mechanism that funds Obama-care is a tax. This is also critical. Recall back during the initial Obama-care battles, the Democrats called it a penalty, Republicans called it a tax. Democrats consistently soft sold it as a penalty. It went to vote as a penalty. Obama declared endlessly, that it was not a tax, it was a penalty. But when the Democrats argued in front of the Supreme Court, they said ‘hey, a penalty or a tax, either way’. So, Roberts gave them a tax. It is now the official law of the land — beyond word-play and silly shenanigans. Obama-care is funded by tax dollars. Democrats now must defend a tax increase to justify the Obama-care law.
Finally, he struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding. Liberals, through Obama-care, basically said to the states — ‘comply with Obama-care or we will stop existing funding.’ Roberts ruled that is a no-no. If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government can’t penalize the state by yanking other funding. Therefore, a state can decline to participate in Obama-care without penalty. This is obviously a serious problem. Are we going to have 10, 12, 25 states not participating in “national” health-care? Suddenly, it’s not national, is it?
Ultimately, Roberts supported states rights* by limiting the federal government’s coercive abilities. He ruled that the government can not force the people to purchase products or services under the commerce clause and he forced liberals to have to come clean and admit that Obama-care is funded by tax increases.
Although he didn’t guarantee Romney a win, he certainly did more than his part and should be applauded.
And he did this without creating a civil war or having bricks thrown through his windshield. Oh, and he’ll be home in time for dinner.
My two biggest impressions from the above essay were:
1) The ACA IS a tax, in spite of the was it was
sold put over on the American People differently, and
2) Civil communication and discord have gotten so far afield in this country that the author warns in his first sentence against doing harm to Chief Justice Roberts or his family! WTF?
Speaking of harm, my gut tells me that finding out someone has dishonored our military by wearing their medals and gaining benefit from having done so turns my stomach. Just as burning the American Flag does. But I recognize we DO have a First Amendment and acting independently against these sleezebags is just as wrong attacking the Chief Justice of the Supreme Court.
Doesn’t mean I have to like it, though.
I wonder if this decision is defacto extended to other federal blackmail – as with enact our kind of highway laws, or you don’t get the funding?
If so, the fun is just beginning.
*’states rights’ – a sadly over-used term.
Amendment 10- Powers of the States and People.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Powers, not rights.
h/t Rev. Paul, Whitehouse12.com