Open thread: Mandate-mas III, the Finale; Update: Stolen Valor Act struck down; Update: CNN says mandate struck down; Update: AP reports that mandate upheld; Update: Confirmed upheld, 5-4; Update: Kennedy wanted to strike entire law

posted at 8:41 am on June 28, 2012 by Ed Morrissey

Why not get this party started early?  The decision won’t get announced until 10 am ET, about the same time that the House will come to order this morning to consider whether to hold the Attorney General in contempt over his refusal to abide by a subpoena from the Oversight Committee.  Take your pick of historic events, in other words, and try to predict which will be more memorable in the end.  John Podhoretz had a thought about that last night on Twitter:

So what’s the skinny on the decision?  Last night, Intrade had 72.8% betting that the individual mandate was a goner:

With the Supreme Court set to make its ruling on Obamacare on Thursday, the prediction market on Intrade has placed its bet, reporting there is a high probability that the individual mandate will be struck down.

As of Wednesday night, “the world’s leading prediction market” reports there is a 72.8 percent chance the individual mandate will be ruled unconstitutional — a ruling that would deliver a devastating blow to the Obama administration.

If I was a betting man, I’d probably go the same way.  I think there’s still a decent chance that the court might uphold it, but a slightly better chance that the whole thing will get tossed, more out of convenience than anything else, but the mandate will still be the key.

Of course, if that happens, be prepared for a full-court meltdown among the Left, where the argument has already arisen that the Roberts Court is the Most Activististist Court Evah, with Jeffrey Toobin and (Politico’s) Roger Simon leading the way.  Gabriel Malor demolished this argument on Twitter yesterday, and he compiled his rebuttal into a blog post this morning:

Here’s the data on the first five years of the Roberts Court (gleaned from this NYTimes infographic):

(1) The Warren, Burger, and Rehnquist Courts overturned precedent decisions at an average rate of 2.7, 2.8 and 2.4 per term, respectively. By contrast, the Roberts Court overturned precedent only at an average rate of 1.6 per term.(2) The Warren, Burger, and Rehnquist Courts overturned laws at an average rate of 7.9, 12.5, and 6.2 laws per term. By contrast, the Roberts Court struck down laws only 3 laws per term.

Just three laws per term! Far, far from being “eager” to overturn legislatures, as hack Toobin dribbled, and obviously, indisputably playing no unusual role in “second-guessing laws,” as Fallows alarmingly squeaked, the Roberts Court has been a model of restraint. Restraint is, naturally, one of Chief Justice Roberts’ well-known characteristics and it was remarked upon during his confirmation hearings. One could even creditably call the Roberts Court the most restrained, incrementalist Court of the modern era. (I assure you, these numbers have not changed appreciably in the past two years.)

Again, that assumes that the Roberts Court overturns ObamaCare, in whole or in part.  Will the Right melt down if they don’t?  Er …

Beginning at 8:45 am ET, a few minutes earlier than usual, SCOTUSBlog will start its live blogging at this link, which is where most of us will find out what happened.  I’ll be updating this post as we go along, so check back here frequently.

Update: Don’t forget that there are two other cases on the docket that will get decided today, one of which is the Stolen Valor case.  Can Congress make it a crime to lie about military service, or does the First Amendment cover that as protected speech?  We will soon find out.

Update II: Yes, the circus has arrived.  Jeff Quinton posted this picture of Belly Dancers for Single Payer on his Twitter feed:

Because nothing says, “Take me seriously on health care” like belly dancing.

Update: Not going to number updates here.  Stolen Valor act struck down as unconstitutional 6-3, with Kennedy writing for majority.  Congress may be able to rewrite it, though, according to SCOTUSblog’s interpretation of decision.  Here’s the opinion.

Update: Next case, First American, was dismissed.

Update: CNN reports mandate struck down …  developing …

Update: AP reports mandate upheld as a tax, but clearly there is a lot of confusion on this point.

Update: SCOTUSblog reports that Roberts says mandate is constitutional.

Update: Yup, the court upheld the mandate as a tax, not as part of a Commerce Clause jurisdiction.  They narrowed the Medicaid expansion, but it looks like the bill will survive mainly intact.  CNN may be the biggest loser today.

Update: On Twitter, astonishment from conservatives that Kennedy voted to kill the mandate and Roberts voted to uphold it.  I tweeted this in response:

It helps to laugh a little, people.

Update: Kennedy wanted to strike the entire act, according to SCOTUSBlog: “In our view, the entire Act before us is invalid in its entirety.”


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Emperor Zerohito has awakened a sleeping giant. He may have won the battle but he will lose the war.

You conservatives trot out this tired line after EVERY FVCKING DEFEAT?

Are you really that delusional?

Repeat after me:

The majority of 60′s generation scumbags and all their litters are liberal.

The majority political ideology is liberal.

The majority of people in this country want to be just another Euro-trash country.

The brilliant founding fathers did not account for this.

Your country as you know it is gone.

Deal with it.

ClassicCon on June 28, 2012 at 11:51 AM

You’re preaching to the choir. Been vilified numerous times for my decision not to support him. What I’m suggesting is that this is not the time to make enemies amongst ourselves. That goes for both Romney supporters and Romney critics. We’re going to need every able body to remove the Communist taint from the White House.

MadisonConservative on June 28, 2012 at 11:40 AM

How do you expect to help remove the Communist taint from the white house if you won’t support Romney?

LevinFan on June 28, 2012 at 11:52 AM

Good News !
Romney web site jammed with people donating !
We did manage to get in eventually , hang in there !
Donate now and stop winging whining !!!

Lucano on June 28, 2012 at 11:49 AM

Not a snow balls chance in he11 will I donate or support Mitt Romney.

Dr Evil on June 28, 2012 at 11:52 AM

John Roberts, go to Hell.

JohnGalt23 on June 28, 2012 at 11:52 AM

Dante on June 28, 2012 at 11:50 AM

Yeah, Jefferson and Adams put their lives on the line for earmarks… and to make sure we kept an eye on Jewish bankers.

/

mankai on June 28, 2012 at 11:53 AM

Of the three presidential candidates, only Gary Johnson didn’t invent Obamacare.

FloatingRock on June 28, 2012 at 11:50 AM

Gary Johnson is a frigging unknown…

But if that’s the only option besides Obamacare’s granddaddy and Ron Paul the Wingnut Magnet, then I guess that’s it.

MelonCollie on June 28, 2012 at 11:53 AM

JUNE 28, 2012.

THE DAY OF INFAMY ARRIVED!

FIVE NUCLEAR BOMBS NAMED “OBAMACARE” WERED DROPPED BY THE LIBERAL SCOTUS, THE ENEMY OF FREE AMERICANS, AT THE VERY HEART OF THE FATHERLAND!

UNELECTABLE SARAH PALIN REPORTED:

EMPEROR ZEROHITO LIED! AMERICA DIES!

TheAlamos on June 28, 2012 at 11:53 AM

I am still confused as to how SCOTUS can declare, and uphold, the mandate as a TAX, when the legislation DOES NOT call it a TAX. The Supreme Court does not have the power to write legislation, nor can it rewrite legislation, SO, how can SCOTUS get away with re-writing this bill so that they can uphold it?

Am I missing something? Can anyone explain this?

Pork-Chop on June 28, 2012 at 11:47 AM

I’m as confused as you. However, I just heard a woman on FOX, former Lt. Gov of NY, who’s read the entire monstrosity and loathes it, but says that text is all over the thing that supports it as a tax–despite Obutthead’s denials–and that’s likely where Roberts got his silly idea.

stukinIL4now on June 28, 2012 at 11:53 AM

How do you expect to help remove the Communist taint from the white house if you won’t support Romney?

LevinFan on June 28, 2012 at 11:52 AM

People get the government they deserve, Thomas Jefferson/ Chief John Roberts.

Dr Evil on June 28, 2012 at 11:53 AM

Press Conference….LIVE

http://www.breakingnews.com/

canopfor on June 28, 2012 at 11:53 AM

Mr. Prodigy on June 28, 2012 at 11:43 AM

farsighted on June 28, 2012 at 11:47 AM

I posted the Bozell bit to illustrate what I expect the immediate reaction on the right to be. If you read my earlier post, I don’t agree with Bozell. Roberts did what Roberts always does, which is find the narrowest possible grounds on which to rule.

I agree with:

Folks on here really need to take a breath and think through today’s events with a …rational mind. Chief Roberts today gave an enormous smackdown to federal power through both the denial of the Commerce Clause argument and the Medicaid punishment argument. He LIMITED what the federal government can do in those areas. And you know who limits what the federal government can do regarding taxation? WE DO. VOTERS DO. THE AMERICAN PEOPLE DO. We would have had no recourse if it had been upheld under the Commerce Clause. That would have been an unspeakable disaster for freedom. By making it a tax, Roberts has put it in OUR hands —the people — as it should be. Don’t like the tax? Don’t like the bill? Vote for people who will repeal it. Get involved. Hold Congress’s feet to the fire. We are NOT powerless here. Obama and the democrats will pay for this deception and this taxation in huge losses at the ballot box. They know this!! This is NOT the outcome they wanted — the power has been taken away from THEM and put back into OUR hands. Let’s make sure we use it.

Rational Thought on June 28, 2012 at 11:39 AM

novaculus on June 28, 2012 at 11:53 AM

Um Dante, I don’t sit on the bench. Are you really this daft?

Bmore on June 28, 2012 at 11:51 AM

Are you? I have to think so with your Founders/case closed comment.

Dante on June 28, 2012 at 11:54 AM

Romney now saying he will move to repeal Obamacare on his first day in office.

novaculus on June 28, 2012 at 11:54 AM

Matt:

Romney:

“What the Court did today was say that Obama care did not violate the Constitution. They did not say that it is good law or good policy”

canopfor on June 28, 2012 at 11:54 AM

ClassicCon on June 28, 2012 at 11:50 AM

GFY

HumpBot Salvation on June 28, 2012 at 11:54 AM

@#$#$^#$%$*!!!

bazil9 on June 28, 2012 at 11:48 AM

Me too. So sad. What now bazil9?

SparkPlug on June 28, 2012 at 11:54 AM

Agree with folks here who see this as a round about victory. ObamaCare would always have to be repealed anyway. Now the Supreme Court has made it clear what it really always was…a huge tax increase. Obama can hardly celebrate the ruling while rejecting the premise. And the liberal justification using the Commerce Clause is dead and buried…a really important precedent. Expect the GOP to campaign against this huge tax increase on the American people while Obama tries to defend it…not a good position for him. Further, states’ rights over Medicaid have been upheld, it’s hard to see how Obama extends Medicaid to 30 million people now.

breffnian on June 28, 2012 at 11:48 AM

Eh. I appreciate the effort, but this was in no way a victory. They’ve established precedent that, as long as the Court can find some way to call something a tax, it’s golden…there are no limits to federal power. Nada.

Yes, they did say that under Commerce, it’s unconstitutional…but that doesn’t matter. They’ve found a new way to give the gov’t carte blanche. Even the Medicaid stuff was still found to be OK.

I hope it does end up lighting a fire under people’s behinds as far as Nov. is concerned though. Whatever misgivings people have about Romney, today shows again that elections matter. Sure, the GOP disappoints, but they’re still a sight better than the alternative.

changer1701 on June 28, 2012 at 11:55 AM

Prepare for the dragon to awaken.

MadisonConservative on June 28, 2012 at 11:35 AM

Um…right.
More like the Knights who say Ni.

Leaving aside the merits or deficiencies in the ruling,
this is indeed a mega mega victory for Obama.
It is that primarily because the right (represented by many here) convinced themselves that the coming defeat would be the end of his presidency, no chance of a 2nd term, etc.
The GOP chose to fight him hard, so in losing they lost big.
Like, really big.
If this for Repubs had ever really been about health care, and not political calculations, this day never would have come.
Look on the bright side, the Repubs 90s health care plan advocated by Heritage etc. – was just upheld by the SCOTUS.
Woooo!

verbaluce on June 28, 2012 at 11:55 AM

Romney on FOX now. “I will repeal it on day one”.

VegasRick on June 28, 2012 at 11:55 AM

I for one want to keep fighting to save our country, looks like you already made up your mind.

LevinFan on June 28, 2012 at 11:49 AM

I haven’t made up my mind. I’ve said what I want from Romney. A mea culpa on Romneycare and Mike Leavitt fired. And leadership on this issue now and going forward. None of this “oh, he won’t veto something congress gives him” crap. He needs to be out there twisting arms getting the votes to repeal it.

besser tot als rot on June 28, 2012 at 11:55 AM

ClassicCon on June 28, 2012 at 11:50 AM

GFY

HumpBot Salvation on June 28, 2012 at 11:54 AM

He’s right.

Dr Evil on June 28, 2012 at 11:55 AM

Prepare for the dragon to awaken.

MadisonConservative on June 28, 2012 at 11:35 AM

Right. As you rally to vote for the next establishment candidate.

Dante on June 28, 2012 at 11:55 AM

good day for America!

damian1967 on June 28, 2012 at 11:56 AM

‘Obamacare puts the federal government between you and your doctor,’ Mitt Romney says in response to Supreme Court ruling – live broadcast

Submitted 23 secs ago by editor

canopfor on June 28, 2012 at 11:56 AM

How do you expect to help remove the Communist taint from the white house if you won’t support Romney?

LevinFan on June 28, 2012 at 11:52 AM

I’ll tell you how:

1. Stop moping at the folks here who don’t care for Mitt. I’m one of them. This doesn’t mean that I don’t hate Oaf’s guts and what he does more.

2. Have Mitt display a pair of really steely ones. He’s been granted another big platinum opportunity with this ruling.

Otherwise, leave us alone. We are strong free citizens and the Mittens make us crzier than the leftards, especially with such poor marketing skills. If I were Mitt I’d fire you all.

Schadenfreude on June 28, 2012 at 11:56 AM

How do you expect to help remove the Communist taint from the white house if you won’t support Romney?

LevinFan on June 28, 2012 at 11:52 AM

I’m teetering on the brink. If I see another way out, I’ll take it. If not…

MadisonConservative on June 28, 2012 at 11:56 AM

Mittens is cr@pping all over the TV right now. He sucks. ANd he’s talking about stupid replacements. What a friggin azzhole.

ThePrimordialOrderedPair on June 28, 2012 at 11:56 AM

Romney speaking…

“I disagree with the Court’s decision and I agree with the dissent.”

Says he’ll repeal it on first day if elected President.

“Obamacare is bad law…it raises taxes on the (American people by — here he quotes billions of dollars)…”

“Up to 20 million Americans will lose their insurance under Obamacare…it’s a job ki//er…”

Obamacare removes “doctor choice”…

[Romney objects to all of this, wants the opposite.]

“Do you want higher debt, lose the insurance you like, keep your doctor…this is a time of choice for the American people…if you want to replace Obamacare, we have to replace Obama…”

Lourdes on June 28, 2012 at 11:56 AM

@#$#$^#$%$*!!!

bazil9 on June 28, 2012 at 11:48 AM

Me too. So sad. What now bazil9?

SparkPlug on June 28, 2012 at 11:54 AM

PARA BELLUM!

novaculus on June 28, 2012 at 11:56 AM

you are alive.
Pay me now.

Next, taxpayers own a lot of GM.
They are not doing well, you each need to buy a car every 3 years.
After all its just a tax.

Understand this, the fed gov now can do anything it wants with you and call it a tax.

RasThavas on June 28, 2012 at 11:56 AM

Of the three presidential candidates, only Gary Johnson didn’t invent Obamacare has absolutely no chance to win.

FloatingRock on June 28, 2012 at 11:50 AM

Right Mover on June 28, 2012 at 11:57 AM

How do you expect to help remove the Communist taint from the white house if you won’t support Romney?

LevinFan on June 28, 2012 at 11:52 AM

I’m wondering that, myself.

changer1701 on June 28, 2012 at 11:57 AM

Romney on FOX now. “I will repeal it on day one”.

VegasRick on June 28, 2012 at 11:55 AM

See. Those kinds of platitudes don’t cut it. How is he going to repeal it on day one? That is impossible. And if he is claiming as his plan something that is impossible, how the heck am I supposed to believe it?

besser tot als rot on June 28, 2012 at 11:57 AM

Dante on June 28, 2012 at 11:55 AM

Nobody cares what you think, troll.

MadisonConservative on June 28, 2012 at 11:57 AM

Romney now saying he will move to repeal Obamacare on his first day in office.

novaculus on June 28, 2012 at 11:54 AM

Blahblahblahblahblahblahblahblahblahblah. I’m sick of Romney’s rhetoric, especially when his past gives it the lie.

ddrintn on June 28, 2012 at 11:57 AM

I am not a huge fan of ACA, however something needed to be done, and the right squandered the opportunity of being involved in comeing up with a solution.

damian1967 on June 28, 2012 at 11:24 AM | Delete

And when exactly would that be? When Obama invited them all to the White House to be personally insulted? Or when the Dems found a secret room to write the bill and refused to let anyone read it before they passed it?

Or was it when the Dems used tax dollars to bribe Dem Members for their vote? Or was it when that total duffus from MN said a letter promising the spirit and letter of the Hyde Amendment would be upheld?

Your claim isn’t factual.

Portia46 on June 28, 2012 at 11:57 AM

however something needed to be done, and the right squandered the opportunity of being involved in comeing up with a solution.

damian1967 on June 28, 2012 at 11:24 AM | Delete

I call BS. Who said “something needed to be done?” Not me. Impoverish a nation in order to provide universal, comprehensive, gold-plated insurance? This wasn’t needed.

At most, what MIGHT have been needed was a way to pay for catastrophic life-saving emergency treatment for those who couldn’t pay for insurance or for treatment.

freedomfirst on June 28, 2012 at 11:57 AM

Romney says he will act to ‘repeal Obamacare’ – @AP

Submitted 53 secs ago by editor

canopfor on June 28, 2012 at 11:57 AM

Good Romney response.

pambi on June 28, 2012 at 11:58 AM

Who knew that the TruCons would actually be trolling the most today?

strictnein on June 28, 2012 at 11:58 AM

good day for AmeriKa!
damian1967 on June 28, 2012 at 11:56 AM

Comrade dimian approves.

VegasRick on June 28, 2012 at 11:58 AM

“It is amazing that people who think we cannot afford to pay for doctors, hospitals, and medication somehow think that we can afford to pay for doctors, hospitals, medication and a government bureaucracy to administer it.” — Thomas Sowell

TheLoudTalker on June 28, 2012 at 11:58 AM

“It is not our job to protect the people from the consequences of their political choices.”

Perhaps, Justice Roberts – that may be true, but isn’t it your job to uphold the Constitution – even if the voters are dumbasses?

Why yes – yes, it is.

And why didn’t you *do* that job, sir?

Midas on June 28, 2012 at 11:58 AM

Romney on FOX now. “I will repeal it on day one”.

VegasRick on June 28, 2012 at 11:55 AM

George W Bush. “READ MY LIPS”

Again…conservative delusion.

ClassicCon on June 28, 2012 at 11:58 AM

Romney is a tool. he will never have the votes in the senate to repeal ACA. Filibuster baby!

damian1967 on June 28, 2012 at 11:58 AM

Fox saying Obama’s “first reaction will be around 12:15″ today…

I refuse to watch The Liar, listen to him, read his words, any more.

On that, gonna’ go do some work.

Lourdes on June 28, 2012 at 11:59 AM

Are you? I have to think so with your Founders/case closed comment.

Dante on June 28, 2012 at 11:54 AM

Dante, had you only been able to provide me an answer to my original question to you about the video I asked you to watch. Not only would you have a greater understanding of my nature and take on things. But perhaps even your own. Being rigid is not flattering. I’ll leave it at that.

Bmore on June 28, 2012 at 11:59 AM

The full law goes into effect on Jan. 1, 2014.

WAKE up before then!

Schadenfreude on June 28, 2012 at 11:59 AM

I will say this… BAD SPEECH by Romney.

Preexisting conditions WTF?

Might want to try mentioning insurance across state lines, savings accokunts, tort reform….

LevinFan on June 28, 2012 at 11:59 AM

After that ridiculously pathetic speech by Mittens, I’m seriously thinking of going third party. This is insane. Mittens hasn’t got the brains or guts to do anything near what it will take to save America. He’s the friggin worst. If the GOP doesn’t have a coup at the Convention and get someone decent …

ThePrimordialOrderedPair on June 28, 2012 at 11:59 AM

Good Romney response.

pambi on June 28, 2012 at 11:58 AM

It was good. I do hope as time goes on, he does harp on the fact that Obama raised taxes on the American people big time. Maybe he’s saving it for the debates or the convention, but that needs to be a key theme in this campaign.

Doughboy on June 28, 2012 at 11:59 AM

I FEEL ABSOLUTLY SICK!!!!!!!

lisa fox on June 28, 2012 at 11:45 AM

All Freedom loving Americans feel the same way. A massive tax coming over this mandate will get everyone to the polls on November 6. That’s what I’m looking forward to!!

bluefox on June 28, 2012 at 11:59 AM

Midas on June 28, 2012 at 11:58 AM

Yes and you believe you know the constitution better than the chief justice.

Give me a break, just because the right wing says the sky is purple, doesnt make it so.

You lost, get over it.

damian1967 on June 28, 2012 at 11:59 AM

See. Those kinds of platitudes don’t cut it. How is he going to repeal it on day one? That is impossible. And if he is claiming as his plan something that is impossible, how the heck am I supposed to believe it?

besser tot als rot on June 28, 2012 at 11:57 AM

Exactly. Romney’s been spouting that off since Day One ™ of his candidacy to save his political hide. I don’t trust the guy, especially not since so many GOPe figures were saying a couple of weeks back that even if the Court oferturns O-Care, we shouldn’t throw the baby out with the bathwater.

The GOP merely wants to be the ones holding the purse strings.

ddrintn on June 28, 2012 at 12:00 PM

I’m teetering on the brink. If I see another way out, I’ll take it. If not…

MadisonConservative on June 28, 2012 at 11:56 AM

Much as you and I butt heads, and as much as I don’t like Wrongney’s history, that may be the only option.

Dear Lord, our Republic is hanging by such a thin thread.

MelonCollie on June 28, 2012 at 12:00 PM

See. Those kinds of platitudes don’t cut it. How is he going to repeal it on day one? That is impossible. And if he is claiming as his plan something that is impossible, how the heck am I supposed to believe it?

besser tot als rot on June 28, 2012 at 11:57 AM

Don’t you pay attention? EO’s are all the rage now. Wait until an “R” gets in office and starts using them, lefties like you will implode. Good.

VegasRick on June 28, 2012 at 12:00 PM

however something needed to be done, and the right squandered the opportunity of being involved in comeing up with a solution.

damian1967 on June 28, 2012 at 11:24 AM | Delete

What a load of crap, and you f@#$ing know it.

By the way – why do half of the posters at HA now seem to have a ” | Delete” option going on… ?

Midas on June 28, 2012 at 12:00 PM

Look on the bright side, the Repubs 90s health care plan advocated by Heritage etc. – was just upheld by the SCOTUS.
Woooo!

verbaluce on June 28, 2012 at 11:55 AM

yup Clinton LOST!!!

Zekecorlain on June 28, 2012 at 12:00 PM

ObamaCare will cut Medicare….that should make all those old folk in Florida happy!

William Eaton on June 28, 2012 at 12:00 PM

To the Voting Booth!
Posted by William A. Jacobson Thursday, June 28, 2012 at 10:27am

“Was it over when Harry Reid pushed Obamacare through at Christmas time in December 2009?
Not when voters took to the voting booth and elected Scott Brown.

Was it over when Nancy Pelosi and House Democrats were forced to accept the Senate version so that reconciliation could be used, as she marched to the Capitol with large gavel in hand?
Not when the nation rose up and threw the Democrats out of power in the House in 2010.

Is it over now that the Supreme Court has upheld the mandate on the basis of a taxing power which Democrats expressly disavowed while passing Obamacare?
Not unless we allow Barack Obama to be reelected and the Democrats to hold the Senate.

You know what you have to do.”

TeaPartyNation on June 28, 2012 at 12:01 PM

Romney now saying he will move to repeal Obamacare on his first day in office.

novaculus on June 28, 2012 at 11:54 AM

Blahblahblahblahblahblahblahblahblahblah. I’m sick of Romney’s rhetoric, especially when his past gives it the lie.

ddrintn on June 28, 2012 at 11:57 AM

Quoth that great American, MadCon:

Nobody cares what you think, troll.

MadisonConservative on June 28, 2012 at 11:57 AM

Applies equally to you, dipsh!t.

novaculus on June 28, 2012 at 12:01 PM

The silver lining to this in my humble opinion is, it helps Rmoney™ secure the Presidency. It is now our best option for repeal. Like it or not.

Bmore on June 28, 2012 at 12:01 PM

He’s right.

Dr Evil on June 28, 2012 at 11:55 AM

He’s not even close.

But thanks for weighing in DA. Now go back to your corner and sulk and whine. Like a loser.

See ya in November.

HumpBot Salvation on June 28, 2012 at 12:02 PM

Every Dem who voted for Obamacare who is running for reelection must be asked if they intended to vote for a tax increase on Americans. Those who are new must be asked if they would vote for a mandate tax.

Most won’t give a coherent answer, of course, but any answer will be revealing.

farsighted on June 28, 2012 at 12:02 PM

Clearly the long-term trend has been toward a monolithic and unlimited federal government. Money flows in from the provinces to DC for the elite in DC to decide how the people should spend that money.

Standing astride that historical flow and yelling “stop” isn’t successful. So I guess it is time to pick up some of that arterial flow of $$$ and everyone else can just go to h*ll. Works for me.

iconoclast on June 28, 2012 at 12:02 PM

novaculus on June 28, 2012 at 12:01 PM | Delete

Precisely what the leftards want to see, a comment such as yours. Wake up.

Schadenfreude on June 28, 2012 at 12:03 PM

novaculus on June 28, 2012 at 12:01 PM

Whatever you want to think.

MadisonConservative on June 28, 2012 at 12:03 PM

All Freedom loving Americans feel the same way. A massive tax coming over this mandate will get everyone to the polls on November 6. That’s what I’m looking forward to!!

bluefox on June 28, 2012 at 11:59 AM

I don’t see this exciting Independents at all, this doesn’t gin us up. This ruling is a wet blanket, and if Romney loses, he can thank John Roberts. Bush pulled the rug out from under McCain, when he passed TARP in Sept 2008. George W Bush’s Creature “Roberts” just pulled the rug out from under Romney. It’s almost like the Bush’s want the country led by “Corporatist” aka “Fascist”.

Dr Evil on June 28, 2012 at 12:03 PM

From p.32 of the decision:

Under the mandate, if an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes. See §5000A(b). That, according to the Government,means the mandate can be regarded as establishing a condition—not owning health insurance—that triggers a tax—the required payment to the IRS. Under that theory, the mandate is not a legal command to buy insurance.Rather, it makes going without insurance just another thing the Government taxes, like buying gasoline or earning income. And if the mandate is in effect just a tax hike on certain taxpayers who do not have health insurance, it may be within Congress’s constitutional power to tax.

It MAY be within Congress’s power. MAY?

Oh, and you must take a positive action to purchase said goods he uses as examples. You do not pay a penalty for not purchasing gasoline, or for earning no income. Although if he is making THAT connection then welcome to the mandated penalty for gasoline purchase and to the penalty for not earning income. Won’t those be swell brand, spanking new taxes in the future?

And then this following:

The question is not whether that is the most natural interpretation of the mandate, but only whether it is a “fairly possible” one. Crowell v. Benson, 285 U. S. 22, 62 (1932). As we have explained, “every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.” Hooper v. California, 155 U. S. 648, 657 (1895). The Government asks us to interpret the mandate as imposing a tax, if it would otherwise violate the Constitution. Granting the Act the full measure of deference owed to federal statutes, it can be so read, for the reasons set forth below.

Roberts then repeats this pattern at each instance showing that there is a similarity between a power to tax purchases and the power to tax inactivity.

He looks at the Child Labor Collection Tax which is a tax on those using child labor. An activity. For licensing taxes that is a fee given to those asking for the license to do certain regulated business. It is an activity. Nuclear waste surcharges is for an activity of shipping nuclear waste.

He then goes on to those tax incentives used to encourage conduct, and yet there is a stark difference between conducting such conduct to get a tax break, and not doing something and getting penalized for it. In the former if you do not purchase a home you are not penalized for it, you just do not get the incentives… but I’m sure that under some future Congress not owning a home can be assessed as a tax, so all you renters out there can look forward to that in the future. He also cites taxes on cigarettes, but you pay no taxes on them if you do not purchase them, so I guess we can all start to pony up for cigarettes we don’t buy as future Congress can do that, as well. Won’t that be swell?

By p. 40 we come to this lovely passage looking at the arguments against the tax:

A tax on going without health insurance does not fall within any recognized category of direct tax. It is not a capitation. Capitations are taxes paid by every person, “without regard to property, profession, or any other circumstance.” Hylton, supra, at 175 (opinion of Chase, J.) (emphasis altered). The whole point of the shared responsibility payment is that it is triggered by specific circumstances—earning a certain amount of income but not obtaining health insurance. The payment is also plainly not a tax on the ownership of land or personal property. The shared responsibility payment is thus not a direct tax that must be apportioned among the several States.
There may, however, be a more fundamental objection to a tax on those who lack health insurance. Even if only a tax, the payment under §5000A(b) remains a burden that the Federal Government imposes for an omission, not an act. If it is troubling to interpret the Commerce Clause as authorizing Congress to regulate those who abstain from commerce, perhaps it should be similarly troubling to permit Congress to impose a tax for not doing something.

And now you want to know WHY Congress can do this? This follows the above:

Three considerations allay this concern. First, and most importantly, it is abundantly clear the Constitution does not guarantee that individuals may avoid taxation through inactivity. A capitation, after all, is a tax that everyone must pay simply for existing, and capitations are expressly contemplated by the Constitution. The Court today holds that our Constitution protects us from federal regulation under the Commerce Clause so long as we abstain from the regulated activity. But from its creation, the Constitution has made no such promise with respect to taxes. See Letter from Benjamin Franklin to M. Le Roy (Nov. 13, 1789) (“Our new Constitution is now established . . . but in this world nothing can be said to be certain,except death and taxes”).

Is this a direct power GRANTED to the United States government by its people? If not it is in Amendments IX and X. Nice job on forgetting that little bit of the Constitution while doing contortions on tax powers to let Congress tax an inactivity that the Chief Justice cannot find a precedent for. Not one thing he cites is a tax power over inactivity and there is no cost for inactivity in any other tax by the federal government.

Don’t let that stop you from inventing one.

ajacksonian on June 28, 2012 at 12:03 PM

I’ll tell you how:

1. Stop moping at the folks here who don’t care for Mitt. I’m one of them. This doesn’t mean that I don’t hate Oaf’s guts and what he does more.

2. Have Mitt display a pair of really steely ones. He’s been granted another big platinum opportunity with this ruling.

Otherwise, leave us alone. We are strong free citizens and the Mittens make us crzier than the leftards, especially with such poor marketing skills. If I were Mitt I’d fire you all.

Schadenfreude on June 28, 2012 at 11:56 AM

You should be ashamed of yourself. How many times have I said I fought Mitt in the primary but support him over the marxist in the General???

That makes me a rombot?? Guess Levin, Beck, Rush, and Palin are all ROmbots too!

So you hate Obama more? THen prove it!

Politics have always been the lesser of two evils. Either get off your a$$ to defeat Maobama or stop complaining.

If it’s not worth it to you to lift a finger to stop Maobama then don’t ever criticize him again!

LevinFan on June 28, 2012 at 12:04 PM

Don’t you pay attention? EO’s are all the rage now. Wait until an “R” gets in office and starts using them, lefties like you will implode. Good.

VegasRick on June 28, 2012 at 12:00 PM

I don’t like illegal EOs under Obama and I’ll like them even less under Romney. That is the problem – Republicans who act like Democrats in trying to expand the power and scope of the government.

besser tot als rot on June 28, 2012 at 12:04 PM

Midas on June 28, 2012 at 12:00 PM

No, what I do know is Republicans want only their way, they do not know how to compromise, and this is why they lose all the time.

There are basically two sides to this country, and the right can not have it their way alone, neither can the left.

They need to work together, and we will get the both of both sides then, not this my way or no way attitude.

damian1967 on June 28, 2012 at 12:04 PM

Do you miss me yet? – King George III

VorDaj on June 28, 2012 at 11:48 AM


Well, I didn’t lol … but you did get me to chuckle

PolAgnostic on June 28, 2012 at 12:05 PM

While I am sick about this, I am grateful that Roberts called it a tax. Rubio said it correctly. If you don’t buy health insurance, you have an IRS problem. This is the largest tax increase on the middle class in history. These ads will write themselves. Split screen, Obama on left saying , “this is not a tax”. On the right quoting Roberts saying it is a tax. Run these ads over and over.

karenhasfreedom on June 28, 2012 at 12:05 PM

Roberts found that this was a tax
Congress can tax
What they can’t do, is mandate under the commerce law individuals and states to do anything, and that is a wonderful part of this decision.
congress and the president did this. Not one Republican voted for this law.
If you want “hope and change” vote for Republicans everywhere and throw the Liberal Democrats out on the street in November.

Delsa on June 28, 2012 at 12:05 PM

Chief Justice Roberts = JUDAS

If our country falls, I hope that history will show that Obama and Chief Justice Roberts were the men responsible!

RedRobin145 on June 28, 2012 at 12:05 PM

Well, jeez. Good and bad news I guess.

Good news is the gubmint can’t tell you to clip your toenails with a special gold clad toenail clipper the gubmint forces you to buy so liberal pigs can steal the money from the sale of toenail clippers to fund their re-election campaigns, all under the guise of interstate commerce.

Bad news is they are still free to lie to your face and tax the bejeebus out of you. Let’s see zero defend the largest tax hike in the history of the world for a program that reduces the number of doctors, medicines, research, and the quality of care you no longer will be able to get because it isn’t likely you’ll outlive your spot on the waiting list for the procedure you need, assuming the death panel decides you can have that procedure at all.

Good news, liberals with heart conditions and cancers have just been given their death sentences.

Good news, liberals will probably face resounding defeats all across the board this november, and I intend to help that along any way I can.

Bad news, I’m probably going to have legal problems because I do not intend to honor whatever fascist dictate comes down from the gubmint regarding health care. If taxes go up by X percent, I won’t pay it, I’ll donate that money instead to conservative political campaigns.

Bad news, Roberts probably won’t retire during the next 4 years, Romney’s first term that is, so he can’t be replaced with someone that will actually look out for the rights to Americans.

Entertaining news; as expected, there are as many reasons to hate the left wing fascist progressive pigs as there ever were, and ammunition is still pretty cheap.

Wolfmoon on June 28, 2012 at 12:05 PM

ClassicCon on June 28, 2012 at 11:58 AM

And your beloved lefty politicians never lie?

If you’re that stupid, who is reading this blog to you?

Right Mover on June 28, 2012 at 12:06 PM

Politics have always been the lesser of two evils. Either get off your a$$ to defeat Maobama or stop complaining.

If it’s not worth it to you to lift a finger to stop Maobama then don’t ever criticize him again!

LevinFan on June 28, 2012 at 12:04 PM

Is this one of those mandate requirements? If you don’t buy Romney, you get a “lose your First Amendment Rights” tax?

besser tot als rot on June 28, 2012 at 12:06 PM

The silver lining to this in my humble opinion is, it helps Rmoney™ secure the Presidency. It is now our best option for repeal. Like it or not.

Bmore on June 28, 2012 at 12:01 PM

Romney is not a fool. He knows his political fate is tied to fixing the economy and he can’t fix our economy if it is tied down with ObamaCare…

William Eaton on June 28, 2012 at 12:06 PM

LevinFan on June 28, 2012 at 12:04 PM

Enough, already. You’re not helping things.

MadisonConservative on June 28, 2012 at 12:06 PM

He’s not even close.

But thanks for weighing in DA. DE Now go back to your corner and sulk and whine. Like a loser.

See ya in November.

HumpBot Salvation on June 28, 2012 at 12:02 PM

He’s spot on, you are still in the denial stage. I am not surprised you are also a Romney supporter LOL!

Dr Evil on June 28, 2012 at 12:06 PM

I’m teetering on the brink. If I see another way out, I’ll take it. If not…

MadisonConservative on June 28, 2012 at 11:56 AM

Much as you and I butt heads, and as much as I don’t like Wrongney’s history, that may be the only option.

Dear Lord, our Republic is hanging by such a thin thread.

MelonCollie on June 28, 2012 at 12:00 PM

that’s exactly what I’ve been saying all along….

I dislike Mittens, but there is no other option.

He is the nominee and we need him to defeat Maobama!!

LevinFan on June 28, 2012 at 12:06 PM

novaculus on June 28, 2012 at 12:01 PM | Delete

Precisely what the leftards want to see, a comment such as yours. Wake up.

Schadenfreude on June 28, 2012 at 12:03 PM

The remark was directed at

ddrintn on June 28, 2012 at 11:57 AM

not at MadCon. Sorry for the confusion.

Emotions are running very high.

novaculus on June 28, 2012 at 12:06 PM

Who knew that the TruCons would actually be trolling the most today?

strictnein on June 28, 2012 at 11:58 AM

Makes sense. TrueCons and Progressives are the two sides of the same delusional coin.

Haldol on June 28, 2012 at 12:07 PM

I don’t see this exciting Independents at all, this doesn’t gin us up. This ruling is a wet blanket, and if Romney loses, he can thank John Roberts. Bush pulled the rug out from under McCain, when he passed TARP in Sept 2008. George W Bush’s Creature “Roberts” just pulled the rug out from under Romney. It’s almost like the Bush’s want the country led by “Corporatist” aka “Fascist”.

Dr Evil on June 28, 2012 at 12:03 PM

I disagree. The Tea Party came into existance because of this issue and 70% of “We the People” wanted it killed. The only silver lining in this whole horrible decision by the SC.

VegasRick on June 28, 2012 at 12:07 PM

I wish like hell she had as well, but she didn’t, so let’s grab Mittens by the nape of the neck, drag him across the finish line and keep our grip tight and pulling to the right.

Extrafishy on June 28, 2012 at 11:51 AM

Well if you like Obamacare then that’s what you should do.

But the majority of of people who oppose it should vote for Gary Johnson.

FloatingRock on June 28, 2012 at 12:08 PM

This is the largest tax increase in my lifetime. No limit.

Bmore on June 28, 2012 at 12:08 PM

Major disaster for Barack today. I once thought talk of a Romney “landslide” was hyperbole. I don’t think that anymore. It will be.

Rational Thought on June 28, 2012 at 11:43 AM

Yup. All the more reason to vote 3rd party. Think of the dynamics if Romney won with 40+% against 20% for a conservative candidate and against Oboobi with 35%? That’s 60% against the donks and 20% counterweight dangling over the GOP to keep right or risk decline as their ranks defect to the conservative party.

Under the above scenario, I can even live with Oboobi winning by a squeaker, since the same dynamic that kept Clinton center-right will be in play and reinforced by a right-majority in both houses. This decision today may well put the GOP over the top in the Senate races. A veto-proof Congress is within reach this Nov.

If you think Oboobi is frustrated now, he’ll go bezerk in a second term, further undermining the left. IOW, under any scenario, we need the strongest republican/conservative Congress to thwart and frustrate any attempt to move the overton window further leftward.

AH_C on June 28, 2012 at 12:08 PM

novaculus on June 28, 2012 at 12:01 PM

Whatever you want to think.

MadisonConservative on June 28, 2012 at 12:03 PM

My remark was directed at

ddrintn on June 28, 2012 at 11:57 AM

not you, MadCon.

Sorry for any confusion.

novaculus on June 28, 2012 at 12:08 PM

Thank you Mitt Romney for inspiring Obamacare!

DBear on June 28, 2012 at 12:08 PM

Delsa on June 28, 2012 at 12:05 PM

Do you not understand that Independents see no difference between Republicans “Rinos” and Democrats?

Independents decide elections.

Dr Evil on June 28, 2012 at 12:08 PM

Good News !
Romney web site jammed with people donating !
We did manage to get in eventually , hang in there !
Donate now and stop winging whining !!!

Lucano on June 28, 2012 at 11:49 AM

Not a snow balls chance in he11 will I donate or support Mitt Romney.

Dr Evil on June 28, 2012 at 11:52 AM

If you can say that after today’s SCOTUS’S ruling, then you must be in the Obama camp. That’s all I can conclude. You would probably have been in the British camp too. Not willing to stand up for your Country? Not willing to vote to rid us of this traitor? You are worse than any troll I’ve ever seen on HA. You’ve pretended with all of your comments to be an American. I won’t make that mistake anymore you can be assured.

bluefox on June 28, 2012 at 12:08 PM

Delsa on June 28, 2012 at 12:05 PM | Delete

Good summation!

Schadenfreude on June 28, 2012 at 12:09 PM

Dante, had you only been able to provide me an answer to my original question to you about the video I asked you to watch. Not only would you have a greater understanding of my nature and take on things. But perhaps even your own. Being rigid is not flattering. I’ll leave it at that.

Bmore on June 28, 2012 at 11:59 AM

So you wanted me to watch a video and tell you what I thought about it, and that would’ve given me a greater understanding of your nature and take on things???

What a strange thing to say. And perhaps you shouldn’t be talking about rigidity given that you never answered my question regarding the video. But frankly, I don’t care. You gave me more of an answer by evading my question than if you had answered it.

Dante on June 28, 2012 at 12:09 PM

William Eaton on June 28, 2012 at 12:06 PM

Yep. Now if the American voting public can see it and act upon it we may still right this ship yet.

Bmore on June 28, 2012 at 12:10 PM

Am I missing something? Can anyone explain this?

Pork-Chop on June 28, 2012 at 11:47 AM

Thanks for asking that. I was thinking the same exact thing, but didn’t have time to post it. Hope someone can answer it.

bluefox on June 28, 2012 at 12:10 PM

I don’t like illegal EOs under Obama and I’ll like them even less under Romney. That is the problem – Republicans who act like Democrats in trying to expand the power and scope of the government.
besser tot als rot on June 28, 2012 at 12:04 PM

“trying to expand the power and scope of the government” – by repealing obambicare on day one? You really are not that bright now are you.

VegasRick on June 28, 2012 at 12:10 PM

Yep. Now if the American voting public can see it and act upon it we may still right this ship yet.

Bmore on June 28, 2012 at 12:10 PM

One more chance, this Nov. That’s it.

Schadenfreude on June 28, 2012 at 12:11 PM

He’s spot on, you are still in the denial stage. I am not surprised you are also a Romney supporter LOL!

Dr Evil on June 28, 2012 at 12:06 PM

Not even close..but then again, you seem to be a moron…so I could see how you would think so.

Need a binky?

HumpBot Salvation on June 28, 2012 at 12:11 PM

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