Obama Wins the Battle, Roberts Wins the War

[Kathianne]

http://www.slate.com/articles/news_and_politics/scocca/2012/06/roberts_health_care_opinion_commerce_clause_the_re al_reason_the_chief_justice_upheld_obamacare_.html

Yes, there seems to be a consensus that there are some real changes being lost in the headlines. ;)


... The scholars expected to see the court gut existing Commerce Clause precedent and overturn the individual mandate in a partisan decision: Five Republican-appointed justices voting to rewrite doctrine and reject Obamacare; four Democratic-appointed justices dissenting.




Roberts was smarter than that. By ruling that the individual mandate was permissible as a tax, he joined the Democratic appointees to uphold the law—while joining the Republican wing to gut the Commerce Clause (and push back against the necessary-and-proper clause as well). Here's the Chief Justice's opinion (http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf) (italics in original):





Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”





The business about "new and potentially vast" authority is a fig leaf. This is a substantial rollback of Congress' regulatory powers, and the chief justice knows it. It is what Roberts has been pursuing ever since he signed up with the Federalist Society. In 2005, Sen. Barack Obama spoke in opposition to Roberts' nomination (http://professional.wsj.com/article/SB124390047073474499.html?mg=reno-wsj), saying he did not trust his political philosophy on tough questions such as "whether the Commerce Clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce." Today, Roberts did what Obama predicted he would do.




Roberts' genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress' power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.

[Thunderknuckles]

I think it was Dennis Prager that I was listening to on the radio when he went over that very same thing. I agree with the assessment. I just don't like the cost of it.
At least no blood was spilled this time around :)

[aboutime]

When anyone actually takes the time to honestly THINK about what Justice Roberts did. Hopefully, you will see how Roberts actually managed to Stick-it to Obama, and the Democrats who seem to be celebrating, and doing the HIGH-FIVE exercises...before they realize...they should be FIST BUMPING each other over the head.
Roberts, in many ways. Actually helped the Republicans by proving that Obama Lied when he SWORE to his multitude of Uneducated Followers...that Obamacare was NOT a Tax.

Today. The SUPREME COURT OF THE UNITED STATES told the nation, and the world. Obamacare IS a TAX on All Americans. But more so on Middle, and Low income Americans who just happen to be UNEMPLOYED. But that won't matter.
If those Millions of Unemployed Americans, and those collecting Welfare DO NOT HAVE Health Insurance...(which they can't afford). Obama's IRS wing will fine them, or deduct TAXES, per the IRS..from them.

HAPPY DAYS AMERICA. If you Love Obama. Then you MUST LOVE TAXES too!

[fj1200]

Hmm, the individual mandate "cannot be sustained" but you can be taxed if you fail to do it. :confused: Would it be so much to ask to have my cake AND eat it?

[KitchenKitten99]

When anyone actually takes the time to honestly THINK about what Justice Roberts did. Hopefully, you will see how Roberts actually managed to Stick-it to Obama, and the Democrats who seem to be celebrating, and doing the HIGH-FIVE exercises...before they realize...they should be FIST BUMPING each other over the head.
Roberts, in many ways. Actually helped the Republicans by proving that Obama Lied when he SWORE to his multitude of Uneducated Followers...that Obamacare was NOT a Tax.

Today. The SUPREME COURT OF THE UNITED STATES told the nation, and the world. Obamacare IS a TAX on All Americans. But more so on Middle, and Low income Americans who just happen to be UNEMPLOYED. But that won't matter.
If those Millions of Unemployed Americans, and those collecting Welfare DO NOT HAVE Health Insurance...(which they can't afford). Obama's IRS wing will fine them, or deduct TAXES, per the IRS..from them.

HAPPY DAYS AMERICA. If you Love Obama. Then you MUST LOVE TAXES too!

This article I found yesterday is VERY good at explaining it all. I think CJ Roberts took Obama's threats and instead of reacting right there, he snipered his administration/campaign with a time-release poison dart.

http://www.ijreview.com/2012/06/9398-why-chief-justice-roberts-made-the-right-long-term-decision-with-obamacare/

emphases are mine

....
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?


....

[Kathianne]

and the 'bonus' is that not only Obama, but Congressional critters will be campaigning on this oh so popular program:

http://www.bostonherald.com/news/opinion/op_ed/view/20220629victory_not_quite_what_it_seems_taxing_out comefor_prez/srvc=home&position=1


‘Victory’ not quite what it seems <!--//Byline box//--> http://cache.heraldinteractive.com/images/siteImages/reporters/stpGraham.jpg?1=1 By Michael Graham
Friday, June 29, 2012

Why is this man smiling?
That was the question racing through my mind as I watched President Obama’s reaction to the Obamacare ruling yesterday. Doesn’t he know what Chief Justice Roberts and the Supreme Court have just done to him?


Yes, the Court saved Obamacare for the moment. But they declared the most significant part — the power of the government to make you buy stuff — unconstitutional. For small-government types like me, this was always the big prize.


Liberal dreams of using an unlimited Commerce Clause to push an ever-growing, European-style state on the American people is dead . . . and this is good news for Barack Obama?


Well, compared to the rest of the story, yes.


Because in order to keep Obamacare alive, the Court had to declare Obama king of the middle class tax hike. And at his own request.

...



But Michael, you reply, President Obama still has Obamacare. He won the actual case.


Keeping Obamacare alive means Mitt Romney (http://www.bostonherald.com/search/?topic=Mitt+Romney) still has this unpopular plan to campaign against, including the individual mandate, the most unpopular part (60 percent of Americans oppose it). Do you really think turning the mandate from a government edict to a massive tax hike will make it more popular?


Then there’s the GOP base, which feels completely betrayed by Justice Roberts. They know that the only way to kill Obama-Care is to strangle it with their bare, electoral hands.


Any chance of Democrats taking back the House are dead. The odds of the GOP picking up the Senate just improved. And Romney’s got a fired-up base ready for November.


Now imagine what would have happened if Obama- care had lost: Obama’s base would be pumped up, while Romney would be forced to spend the next four months explaining his health care plans.


Instead, the Supreme Court threw the Obama- care debate from Democrat-friendly “health care” territory, and right into the GOP’s “higher taxes” wheelhouse.


Worse, by leaving tax hikes in Washington’s health-care tool box, the issue of taxes will be front and center on every issue...

[aboutime]

This article I found yesterday is VERY good at explaining it all. I think CJ Roberts took Obama's threats and instead of reacting right there, he snipered his administration/campaign with a time-release poison dart.

http://www.ijreview.com/2012/06/9398-why-chief-justice-roberts-made-the-right-long-term-decision-with-obamacare/

emphases are mine


It seems there are so many interpretations of what took place yesterday. That nobody can really put their finger on WHY Roberts seemed to side with Obama.
But then. Once all of this clutter settles. I still feel rather confident that Obama, and the Dems are going to experience a HUGE LEGAL Surprise after they get the full story explained to them by Knowledgeable Scholars who are not seen as biased.
I'll stick to my guns about Roberts Sticking It to Obama in his own, secretive, not fully understood way.
November, not October WILL BE THE SURPRISE for all of America.